Terms of Use & Privacy Policy

I. Privacy Policy

 

Last Revised: May 1, 2022

Thank you for visiting the Excellence Institute website. Excellence Institute, Inc (hereinafter, “Company”, “Our” or “We”) are committed to safeguarding the privacy of our website visitors and this Privacy Policy sets out how we will treat your personal information.

Please read this Privacy Policy before using the Sites or submitting any personal information. California residents, please also see the “Note To California Residents” Section for additional rights that apply to you.

Our Site uses cookies. By using our Site, you accept the privacy practices contained in this Privacy Policy and consent to our use of cookies in accordance with the terms of this Privacy Policy. These privacy practices may change from time to time, but any changes will be posted. You are encouraged to review this Privacy Policy whenever you visit our Site to make sure you understand how any personal information you provide will be used.

1. What Information Do We Collect?

We may collect, store, and use personally identifiable and non-personally identifiable information as described in more detail in the sections that follow.

  1. Personally Identifiable Information

Voluntary submissions of personally identifiable information can occur for various reasons, such as if you request to receive information about our services, if you subscribe to one of our mailing lists, or if you purchase one of our products.

We may collect, store and use the following kinds of personal information:

  • information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation).
  • information that you provide to us for the purpose of registering with us, including name, email, phone, and other relevant information to provide you with the service you’re requesting and important information.
  • information that you provide to us for the purpose of subscribing to our website email notifications.
  • any other information that you choose to send to us.

Most of your customer information is stored on our secured servers and in a third-party Customer Relationship Manager (CRM) system called Infusionsoft. 

By submitting your email address on our Site, you agree to receive email from us. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them, either directly, or through a third party. We do not send unsolicited commercial emails, because we hate spam as much as you do.

  1. Non-Personally Identifiable Information

We may also collect various types of non-personally identifiable information to help us make your experience more enjoyable, measure our Sites’ activity to identify future improvements that should be made, and compile aggregate data to help serve site visitors better.

For example, we may use “cookies” as outlined in Section 2 “Cookies”, session logs, web beacons, GIF/pixel tags, banner adds, third-party click tracking analytics tools (such as Google Analytics), third party retargeting networks that may display our advertisements to you on other web sites that you visit to remind you about us, and third party networks that serve user-requested emails (e.g. for a refer-a-friend email) to collect non-personally identifiable or other aggregated information about site visitors.

Cookies are files containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser. We may use both “session” cookies and “persistent” cookies on the Sites. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date. We will use the session cookies to: keep track of you while you navigate any of our other Sites; keep track of items in your shopping basket; prevent fraud and increase website security. We will use the persistent cookies to: enable our Sites to recognize you when you visit; keep track of your preferences in relation to your use of our Sites.

We use Google Analytics to analyze the use of our Sites. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our Sites is used to create reports about the use of our Sites. Google will store this information. Google’s privacy policy is available at: https://www.google.com/policies/privacy/. Our advertisers, payment services providers, and affiliates may also send you cookies. You can learn more about how to opt out of a third party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.

Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer (version 9) you can refuse all cookies by clicking “Tools”, “Internet options”, “Privacy”, and selecting “Block All Cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites. Because there is not yet a common understanding of how to interpret web browser based “Do Not Track” signals other than cookies, we do not currently respond to “Do Not Track” signals that are undefined.

If you visit the Sites with an open ID (such as Facebook), you may also be sharing and integrating data with third-party social media sites, and we may track aggregate data about the number of visits to the Sites with an open ID, the number of items “liked” on the Sites, or items on the Sites that you choose to share with a third-party social media site.

Other parties such as advertising partners and analytics companies may also be collecting information about your online activity across various web sites over time. The information collected by those third parties may include identifiers that allow those third parties to tailor the ads that they serve to your computer or other device.

2. Use and Disclosures of Your Personal Information

Personal information submitted to us via any of our website is completely optional will be used for the purposes specified in this privacy policy or in relevant parts of the website.

We may use your personal information to:

  • administer the website;
  • improve your browsing experience by personalizing the website;
  • enable your use of the services available on the website
  • send you general (non-marketing) commercial communications;
  • send you email notifications which you have specifically requested;
  • send you our newsletter and other marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (and you can inform us at any time if you no longer require marketing communications)
  • provide third parties with statistical information about our users – but this information will not be used to identify any individual user;
  • deal with enquiries and complaints made by or about you relating to the website;
  • keep the website secure and prevent fraud;
  • verify compliance with the terms and conditions governing the use of the website (including monitoring private messages sent through our website private messaging service

Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.

We will not, without your express consent, provide your personal information to any third parties for the purpose of direct marketing.

We may disclose your personal information to any of our employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Privacy Policy.

We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this Privacy Policy.

In addition, we may disclose your personal information:

  • to the extent that we are required to do so by law;
  • in connection with any ongoing or prospective legal proceedings;
  • in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
  • to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; or
  • to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this Privacy Policy, we will not provide your information to third parties.

3. Commitment to Data Security

All information collected from you is stored in a technically and physically secure environment. We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. All electronic transactions entered into via the Sites will be protected by encryption technology.

We use SSL encryption to protect sensitive information online, and we do everything we can to protect user information offline. You acknowledge that the transmission of information over the Internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. Therefore, any information that you transmit to us, you do so at your own risk.

You are responsible for keeping your password and other login details confidential. We will not ask you for your password (except when you log in to our Sites).

Furthermore, employees, contractors, and vendors who have access to your personally identifiable information in connection with providing services for us are required to keep the information confidential.

4. Third Party Actions

We do not control and are not liable for the actions of any third parties who we may promote and/or link to from our Sites. We pride ourselves in recommending quality companies, but have no control over the actions of those third parties, the content they provide, or their privacy practices. While we are not liable for any of the actions of those third parties, you should feel free to give us feedback from time to time on your experiences with any third parties to whom we work with so that we may enhance our future service to all customers.

5. Children’s Privacy

We do not knowingly intend to collect personally identifiable information from children under 18 years of age. If your minor child has provided us with personally identifiable information, you may contact us at the email or mailing address listed in Section 8: Contact Us if you want this information deleted from our records. We will then make reasonable efforts to remove your child’s information from the database that stores the information.

6. IP Addresses

We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services.

7. Updating, Removing, or Exporting Your Personal Information

If you are a subscriber to one of our mailing lists, you can customize your information and the mailing lists you have subscribed to at any time by simply clicking the Unsubscribe or Manage Preferences links at the bottom of any email you receive from us.

If you have questions about the use, amendment, or deletion of Personal Information that you have provided to Us, or if you would like to opt out of future communications from us, please contact us using the information below in the Contacting Us section.

If you wish to request that we forget you from our database, please send an email to info@excellenceinstitute.com with the subject line “Forget Me” and explain in the body of the email that you are asking to have your personal data deleted. To protect user privacy, you must send such a request from the account information we have on file or the request will not be honored. We reserve the right to retain any data that we are required to maintain under applicable laws. Some data will be anonymized rather than deleted; this means that some of the data will be held in a form that cannot be connected to you personally. Please be aware that once we delete your data, we will be unable to “undelete” it.

If you wish to request that we export your data, such as for purposes of porting it to another vendor, please send an email to info@excellenceinstitute.com with the subject line “Export My Data” and explain in the body of the email that you are asking for a data export. We have a standard data export format that we will provide and are not able to create custom exports. To protect user privacy, you must send such a request from the account information we have on file or the request will not be honored.

You may also have other rights under applicable federal, state, or local laws.

8. Contact Us

If you have any questions about this Privacy Policy or our treatment of your personal information, please write to us by email to info@excellenceinstitute.com or by post to 2720 Neilson Way #5633, Santa Monica, CA 90409

We strive to provide excellent products, along with equally excellent customer service. If you have any questions about this Privacy Policy or our practices, please feel free to contact us using the contact information above.

9. Terms of Use

Please read the Terms of Use Policy carefully to understand other terms and conditions that govern your use of this web site. The Terms of Use Policy is hereby incorporated by reference as part of this Privacy Policy.

10. Severability

If any part of this Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

11. Note To California Residents

If you live in the State of California, under the California Civil Code, you have the right to request that companies who conduct business in California provide you with a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes.

Alternatively, the law provides that if a company has a Privacy Policy that gives either an opt-out (often referred to as “unsubscribe”) or opt-in choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, that the company may instead provide you with information on how to exercise your disclosure choice options.

Our Sites qualify for the alternative option; they have a comprehensive Privacy Policy and provide you with details on how you may either opt-out or opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

If you are a California resident and want to request information about how to exercise your third party disclosure choices, you must send a request to the following address:

Excellence Institute, Inc

2720 Neilson Way #5633

Santa Monica, CA 90409

All requests sent via regular mail must be labeled “Your California Privacy Rights” on the email subject line or envelope and clearly stated on the actual request. For all requests, please include your name, street address, city, state, zip code, and email address. We will then respond by regular mail or email with the information requested.

We do not accept incoming requests via the telephone, email, or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

II. Terms of Use

 

Last Revised: January 1, 2020

Please read the following terms of use relating to your use of the Excellence Institute, Inc website. By using this site, you are acknowledging and accepting these Terms of Use. Excellence Institute, Inc (hereinafter, “Company”, “We”, “Our” or “Us”) reserve the right to modify these terms at any time, so please check this page periodically for changes. By using these sites after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these Terms of Use, please do not use this site.

Unless otherwise stated, Company owns or has licensed the intellectual property rights in the website and material on the following web sites: www.excellenceinstitute.com www.kathrynford.com, and any other site that we have owned or operated, do own and operate, or may own or operate in the future (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in these Terms of Use include all such Sites. These Terms of Use do NOT apply to your use of unaffiliated sites to which any of the Sites may link to or direct you to.

Please also read carefully and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.

1. Contact Us

If you have any questions about these Terms of Use you may contact us at:

Excellence Institute, Inc

2720 Neilson Way #5633

Santa Monica, CA 90409

info@excellenceinstitute.com

2. Intellectual Property

You acknowledge and agree that all content and materials available on the Sites are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to do the following:

  1. republish content or material from the Sites or purchased from the sites (including republication on another website);
  2. sell, rent or sub-license material on or purchased from the Sites;
  3. display any material on or purchased from the Sites in public;
  4. reproduce, duplicate, copy or otherwise exploit material on or purchased from the Sites for a commercial purpose;
  5. edit or otherwise modify any material on or purchased from the Sites;
  6. or redistribute material from the Sites except for material or content specifically and expressly made available for redistribution.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. Where content is specifically made available for redistribution, it may only be redistributed within your organization unless otherwise noted.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Sites is strictly prohibited without the express written permission of Company. For information on requesting such permission, please contact us using the contact information listed in Section 1: Contact Us.

Any unauthorized use or distribution of our Site’s proprietary concepts, materials, and intellectual property by you or your representatives is prohibited, and Company will pursue legal action and full damages if these terms are violated in order to protect its rights.

3. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

4. Acceptable Use of the Sites

You must not use our Sites in any way that causes, or may cause, damage to the Sites or impairment of the availability or accessibility of the Sites; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our Sites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Sites without our express written consent.

You must not use our Sites to transmit or send unsolicited commercial communications.

You must not use our Sites for any purposes related to marketing without our express written consent.

5. Third Party Links and References

These Terms of Use apply only to our Sites, and not to the third-party web sites of any other companies or organizations, including those that we may provide links to on our Sites.

We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other web site, including those we link to.

You acknowledge that under no circumstances will Company be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with your use of any content, goods or services available on any other third party web site. Third party web sites may only link to our Sites after they receive Company’s permission.

To seek our permission, you may contact us using the information provided in Section 1: Contact Us. We reserve the right to rescind any permission granted to you or any organization in which we have previously approved linking to our Sites, and to require termination of any such link to any of the Sites, at our discretion at any time.

6. Submissions

We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our events, seminars, trainings, or within our newsletters or products.

We hope you understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials.

If, despite our request, you send us any idea, suggestion or material (“Submission”), the content of such a Submission shall become Company’s property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission.

In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.

7. Forums

A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum.

You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law.

You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.

We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason.

We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed.

You also warrant that you own or otherwise control all the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation or recognition for any materials you may post on the Sites.

8. Restricted Access

Access to certain areas of our Sites are restricted. We reserve the right to restrict access to other areas of our Sites, or even entire web sites, at our discretion. We also reserve the right to discontinue or modify without notice or liability, any portion of our Sites.

If we provide you with / you generate a user ID and password to enable you to access restricted areas of our Sites or other content or services, you must ensure that the password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorized use of your account or password.

You are responsible for any activity on our Sites arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

You must not use any other person’s user ID and password to access our Sites, unless you have that person’s express permission to do so.

We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

9. User Content

In these Terms of Use, “Your Content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to our Sites, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute Your Content in any existing or future media. You also grant to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

By submitting Your Content on the Sites, you warrant and represent that Your Content will comply with these Terms of Use.

Your Content must not be illegal or unlawful, must not infringe any third party’s legal rights and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any content to any of our Sites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our Sites, or stored on our servers, or hosted or published on our Sites.

Notwithstanding our rights under these Terms of Use in relation to Your Content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our Sites.

10. DISCLAIMER OF WARRANTIES

ALL INFORMATION, SERVICES, PRODUCTS, CLAIMS, SEMINAR TOPICS, AND MATERIALS INCLUDED IN OR AVAILABLE THROUGH OUR SITES (“THE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THESE SITES AND CONTENT OBTAINED THEREFROM IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITES AND/OR THE CONTENT OBTAINED THEREFROM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12. No Professional Advice Disclaimer

The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters.

In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. NEITHER COMPANY NOR OUR AGENTS OR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES THAT MAY RESULT, INCLUDING BUT NOT LIMITED TO, ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH.

You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to hold us liable for any such decisions, actions or results, at any time, under any circumstances.

13. Earnings Disclaimer

When addressing financial matters on any of our Sites, emails, blog posts, videos, newsletters or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to improve your life and help you achieve your dreams.

However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and we do not purport any “get rich schemes” on any of our Sites. Nothing on our Sites is a promise or guarantee of earnings.

Your level of success in attaining similar results is dependent upon various factors including but not limited to: your effort level, the action you take, your skill, knowledge, ability, dedication, business savvy, network, financial situation, and awareness of opportunities that exist around you. Because these factors differ from one individual to the next, we cannot and do not guarantee your success, income level, or ability to earn revenue.

You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no professional legal, medical, psychological or financial advice.

14. Explicit Language & Mature Content

On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language. Users who are uncomfortable with such topics or language should not use our Sites.

15. Indemnification

You hereby defend, indemnify, and hold Company and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of the Sites.

16. Breach of these Terms of Use

Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our Sites, prohibiting you from accessing our Sites, blocking computers using your IP address from accessing our Sites, contacting your internet service provider to request that they block your access to our Sites and/or bringing court proceedings against you.

17. Assignment

We may transfer, sub-contract, assign, or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

18. Severability and Integration

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

19. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California.

20. Mandatory Arbitration

The parties agree that any dispute or claim in law or equity arising between them regarding the use of this website or these Terms of Use, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in California. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of California. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

21. Waiver of Class Action

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.