Your use or participating in the Company’s programs, courses, or materials is also subject to the terms outlined in “Disclaimers”, and you acknowledge that you have read, understand, and agree to these terms.
(c) While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
(d) If you send comments or suggestions about the Site to the Company, your submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall be entitled to unrestricted use, publication, and dissemination of all such submissions for any purpose, commercial or otherwise, without any acknowledgment or compensation to you.
(a) The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site and the information on the Site is completely at your own risk.
ALL CONTENT ON THE SITE, AND ALL MATERIALS, PROGRAMS, AND COURSES PROVIDED THROUGH THE SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION.
YOUR INDIVIDUAL OUTCOME OR SUCCESS WITH THE COMPANY’S COURSES, PROGRAMS, AND MATERIALS IS ENTIRELY DEPENDENT ON YOUR OWN HEALTH SITUATION, THE TIME YOU DEVOTE TO THE PROGRAM, AND OTHER FACTORS. EVERYONE’S INDIVIDUAL HEALTH NEEDS AND STATUS VARIES. THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR ANY PARTICULAR OUTCOME FROM YOUR PARTICIPATION IN THE COMPANY’S PROGRAMS AND COURSES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ITS AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO ACCESS OR USE THE SITE, ITS MATERIALS, OR SERVICES, OR ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ANY NECESSARY REPAIRS OR CORRECTIONS TO YOUR EQUIPMENT OR DEVICES.
You agree to indemnify, defend, and reimburse the Company, and its members, managers, officers employees, and agents, from any and all liabilities, claims, injuries, losses, damages and expenses, including reasonable attorney’s fees and costs, arising out of or relating to (i) your use of the Site or the services, materials, courses, programs, and information provided through the Site, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your breach of these Terms, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
(b) These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Portland, Oregon.
(c) If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
(d) If the Site contains any links to third-party websites or resources, you acknowledge and agree that the Company is not responsible for the availability or accuracy of these websites or resources or their content. We do not endorse these websites or resources. You assume all risk in using any such websites or resources.
(f) These Terms are binding on the parties’ heirs, successors and permitted assigns.
(g) The failure of the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Any waiver must be in writing.
(h) In any proceeding to enforce or interpret these Terms, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees, costs, and expenses incurred by the prevailing party before and at any trial, arbitration, bankruptcy, or other proceeding, and in any appeal or review.
(i) The Company providing services or performance of any of its obligations shall be excused or rescheduled if delayed or prevented by acts of God, pandemics, government or public enemy, fire or other casualty, labor dispute or, similar circumstance beyond the Company’s reasonable control.
Last Updated: May 18, 2020
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