TERMS OF SERVICE
You have requested access to www.chrisnaugle.teachable.com owned by The Money School LLC (the “Company”) provided for educational purposes. Your access to the Company’s site and educational materials (the “Materials”) are conditioned on your acceptance of and compliance with these Terms of Service (the “Terms”). By accessing or using the Company websites and Materials you agree to be bound by these Terms. If you do not agree to the Terms, you agree that you will not access or use the Company sites and Materials, and you understand that you ARE PROHIBITED FROM ACCESSING ANY WEBSITES OR MATERIALS OWNED OR CREATED BY THE COMPANY.
You are solely responsible for your use of the Company sites and Materials. You agree that you will not use the Company sites and Materials unless you are an accredited investor and have purchased access to our educational materials. Please read these Terms of Service (“Terms”) carefully before accessing or using any websites or Materials provided by the Company or its owners, subsidiaries, affiliates, and joint business ventures, and all their respective officers, directors, employees, agents, and representatives (collectively, “Company Affiliates”). Without limitation, such Materials include www.moneyschoolrei.com/tenten, www.chrisnaugle.teachable.com, and products, services, subscriptions, content and features available on or provided through those websites.
The Company may revise these Terms by updating this posting or communicating with you regarding the same via the contact information the Company has on record for you. Your continued use of Company sites and Materials after such revisions have been posted or communicated to you indicates your acceptance of all such revisions.
The Company sites and Materials are not intended for or directed towards children under 18 years of age or any adult that is not an accredited investor. By accessing or using the Company sites and Materials, you affirm that you are over the age of 18 and an accredited investor.
2. GENERAL DISCLAIMER
The Company is not an investment, financial, tax, or legal adviser or a broker-dealer and does not purport to provide personalized investment, financial, tax, or legal advice in any form. The Company does not recommend the purchase of particular securities nor does the Company promise or guarantee any particular investment results. It provides opinions and education and you are responsible for any of your personal trading or investments decisions, knowing there is an extremely high degree of risk involved in trading securities, futures and options. We do not recommend that you made any trades without the assistance or advice of a qualified, licensed advisor or broker and we cannot provide such advice to you. You acknowledge and agree that you, and not the Company, are solely responsible for your own investment research and decisions. Do not trade with money that you cannot afford to lose. You understand that the Company encourages you to seek the advice of a qualified securities professional and/or tax or legal adviser, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. The Company assumes no responsibility or liability for your trading and investment results and you agree to hold the Company harmless for any such results or losses.
Strategies mentioned are not suitable for everyone, information expressed does not take into account your specific situation or objectives and is not intended as recommendations appropriate for you. Information has been obtained from sources that are deemed to be reliable, but their accuracy and completeness cannot be guaranteed. Always consult with a qualified investment, legal or tax professional before taking any action. Investments involve risk and unless otherwise stated are not guaranteed. Past performance cannot be used as an indicator to determine future results. The information provided in these materials is believed to be valid and accurate on the date it is first published but the Company along with its directors, officers, or employees does not accept any liability for any loss arising from the use of the information. The information contained therein, including any expressions of opinion, has been obtained from or is based on sources believed to be reliable but its accuracy or completeness is not guaranteed is subject to change without notice. Any expressions of opinions are subject to change without notice. Accordingly, you should not rely on the Information in making any investment. Rather, you should always perform additional independent research in order to allow you to form your own opinion regarding investments. You are solely responsible for your own trading decisions, and nothing in the Information is intended to be or should be interpreted as advice, a promise or guarantee of any particular result. You should always check with your licensed financial, investment, legal, or tax adviser to determine the suitability of any investment.
3. INTELLECTUAL PROPERTY, HYPERLINKS & LINKS TO OTHER WEBSITES
The Company sites and Materials and related content and any other content on the Company sites and Materials and the copyrights, trademarks, service marks and other intellectual property rights in such content are the property of Company unless otherwise specifically stated. You may access and use such content solely for your own personal, educational and non-commercial use. The Company reserves all rights not expressly granted in and to such content. Your modification or use of such content other than modification or use expressly permitted hereunder is a violation of our intellectual property rights and can subject you to legal liability. By accepting these terms and conditions you agree that if you are found to be sharing, distributing or providing shared access to content you will be charged for double the price of the service multiplied by the number of people the content has been distributed to/shared with, each month, until said behavior ceases.
The Company sites and Materials may contain links to third-party websites. The fact that we provide such links is not an endorsement of that third-party or any services or products that they may offer, or a representation of our affiliation with that third-party. We do not exercise control over third-party websites. These other websites may follow different rules regarding the use or disclosure of the personally identifiable information you submit to them and you should read the privacy policies or statements of the other websites you visit.
4. USER GUIDELINES AND OTHER CONTENT
You may not republish, post, transmit, or distribute the Materials or any information from Company sites to online bulletin and message boards, blogs, chat rooms, intranets, or anywhere else without our consent. In short, you may not post our Content anywhere else online. You understand and agree that the Company may review and edit or delete any messages, communications or other content that you submit using or by means of our site that in the sole judgment of the Company, violates these Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any other person or entity. You are solely responsible for the content you submit and/or publish or display (hereinafter, "post") to the Company sites and Materials or any material or information you transmit to other Users. By posting Content on any public area of the Company sites and Materials, you automatically grant, as well as represent and warrant, that you have the right to grant to the Company, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such information and content and that The Company has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- The following is a partial list of the type of Content and activities that are illegal or prohibited on the Company sites and Materials. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Company sites and Materials and terminating the registration of each violator. Prohibited - - -
- Content and activities include, but are not limited to:
- Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Activity that harasses or advocates harassment of another person
- Transmitting "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
- Engaging in advertising to, or solicitation of, any User to buy or sell any products or services through the Company sites and Materials, including investment opportunities or activities.
- Promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- Creating restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page).
- Providing material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
- Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users.
- Providing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
- Modifying, adapting, translating, or reverse engineering any portion of the Company sites and Materials.
- Removing any copyright, trademark or other proprietary rights notices contained in or on the Company sites and Materials.
- Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Company sites and Materials.
- Reformatting or framing any portion of the web pages that are part of the Company sites and Materials.
- Creating user accounts by automated means or under false or fraudulent pretenses.
- Submitting Content that falsely express or imply that such Content is sponsored or endorsed by The Company or its affiliates.
- Submitting Content that infringe misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
- Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
- Submitting Content that is unlawful or promote or encourage illegal activity.
While the Company prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Content and that you use the Company sites and Materials at your own risk.
You must use the Company sites and Materials in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, any person to buy or sell any products or services through the Company sites and Materials. Although the Company cannot monitor the conduct of its users off the Company sites and Materials, it is also a violation of these rules to use any information obtained from the Company sites and Materials to harass, abuse or harm another person or to contact, advertise to, solicit or sell to any user without their prior explicit consent.
The Company sites and Materials is made available for your personal, educational, non-commercial use only. Businesses, organizations or other legal entities may not use the Company sites and Materials for any purpose. You may not use the Company sites and Materials for any illegal or unauthorized purpose.
5. SUBSCRIPTION AND PAYMENT
In connection with any purchase of educational services or materials from the Company, the Company does not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features.
If you purchase a subscription to any Company service or material, by authorizing the Company to charge a payment card for the fees associated with your subscription(s), you are authorizing the Company to automatically continue charging that card (or any replacement card issued by the card issuer) for all fees or charges associated with your subscription, including any renewal fees as described below. The Company may at any time change any of its pricing, or institute new charges or fees. Price changes and new charges announced during your subscription term for a service will apply to subsequent subscription terms. During the term of your subscription, you agree to inform the Company of any payment card information changes.
Your subscriptions will be set to automatically renew upon expiration. This means that unless you cancel your subscription prior to its expiration, your account will automatically renew for the same term.
If you cancel or terminate a subscription, you acknowledge and agree that any refunds will be in the Company’s sole discretion. Your obligations hereunder, including your obligation to pay amounts owed to us under these Terms for use of or access to our services or materials, including subscriptions, shall survive expiration or termination of these Terms and your cessation of use of the Company sites and Materials.
You are responsible for the payment of any taxes associated with the purchase of services or materials from the Company.
No measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or method of electronic storage, can guarantee the security of your information. The Company makes no assurances regarding the security of your information.
7. LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES
The Company may alter or remove materials from Company sites at any time. THE COMPANY SITES AND MATERIALS AND RELATED SERVICES ARE OFFERED ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS SITE OR ANY INFORMATION POSTED ON OR SERVICES OBTAINED THROUGH THIS SITE, INCLUDING ANY INFORMATION PROVIDED BY THE COMPANY THROUGH OFF-SITE COMMUNICATIONS, VERBAL OR WRITTEN. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, EMPLOYEES OR OFFICERS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND WHATSOEVER RESULTING TO YOU OR TO ANY THIRD PARTY DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS SITE OR DEFECT IN THIS SITE OR ANY INFORMATION CONTAINED IN THIS SITE OR UNAVAILABILITY OR MALFUNCTION OF THE COMPANY SITES AND MATERIALS OR ANY INFORMATION PROVIDED BY THE COMPANY THROUGH OFF-SITE COMMUNICATIONS, VERBAL OR WRITTEN, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER INDIRECT DAMAGES, OR LOSS OF INCOME, REVENUE, BUSINESS OR PROFITS. IF THE FOREGOING LIMITAITON OF LIABILITY IS NOT ENFORCEABLE, LIABILITY OF THE COMPANY IN CONNECTION WITH THE COMPANY SITES AND MATERIALS, USE THEREOF OR INFORMATION APPEARING THEREIN OR ANY OTHER MATTER IS LIMITED TO US $500 DOLLARS. BY USING THIS SITE, YOU EXPRESSLY ASSUME ALL RISK RELATING TO THIS SITE AND USE THEREOF, INCLUDING, WITHOUT LIMITATION, THAT THE INFORMATION AND MATERIALS ON THIS SITE AND IN OFF-SITE COMMUNICATIONS MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.
To the maximum extent permitted by law, under no circumstances and under no legal theory (whether based in equity, contract, negligence, other tortious action, strict liability, or any other theory of liability), shall the Company, its officers, directors, employees, subsidiaries, or affiliated companies be liable for any direct, indirect, incidental, special, consequential, or punitive damages, such as, but not limited to, loss of revenue, loss of anticipated profits, goodwill, diminution of value, business interruption costs, or any other intangible losses (even if we have been advised of the possibility of such damages) arising out of, related to, caused by, or resulting in any way from damage from any security breach or any other security intrusion, or any virus, bugs, other malicious software or harmful components, tampering, interruption, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction. Some jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or other damages, so the above limitations may not apply to you in these jurisdictions, the Company’s liability will be limited to the maximum extent permitted by law.
The Company and the Company sites and Materials are not responsible for any loss caused by unauthorized use of any method of payment used in connection with the Company sites and Materials. Any attempt to defraud the Company sites and Materials or failure to honor legitimate charges or other commitments may in our discretion result in termination of your account, voiding of prior transactions, criminal and civil prosecution and any other remedy we choose to apply.
As a condition of your use of the any of the Company sites and Materials, you agree to indemnify and hold the Company and any Company employees or representatives harmless for any losses, claims, judgments, costs, damages, and expenses (including attorneys’ fees) caused by or resulting from (a) your violation of these Terms; (b) your use or reliance upon any of the Company sites and Materials; (c) your violation of the rights of any third party, (d) any claim that one of your User Submissions caused damage to a third-party, or (e) any claim or demand by a third-party arising out of your use of any third-party website. This obligation to indemnify and hold harmless will survive the expiration or termination of these Terms and your cessation of use of the Company sites and Materials.
9. TERM & TERMINATION
Except as otherwise specified herein, these Terms commence on your first use of any of the Company sites and Materials and continue until you cease to use the Company sites and Materials or your subscription, if any, expires or has been terminated, whichever is later.
The Company may terminate your access to and use of the Company sites and Materials at any time. Cause for such termination shall include, but not be limited to (i) breaches or violations of these Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) violation or unauthorized use of copyrights or other intellectual property. Cancellation or termination of your account, services or subscriptions by the Company shall not relieve you of any obligation to pay any accrued fees or charges. You may not access or use the Company sites and Materials after termination or notification of the same.
These Terms and the Code of Conduct referenced herein constitute the entire agreement between you and the Company relating to your use of the Company sites and Materials and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
The laws of the New York, without reference to conflicts of law rules, govern the Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by Company, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.
You and We agree that our sole relationship is a contractual one governed by these Terms and the Code of Conduct. Any controversy or claim arising out of or related to the provision of services or materials by Us shall be resolved solely based on these Terms.
Except as otherwise provided herein, any controversy between the parties arising out of the Terms shall be submitted to the American Arbitration Association (“AAA”) for arbitration in New York, in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The costs of the arbitration, including any AAA administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration. Judgment on the award may be entered in any court of competent jurisdiction. Attorneys’ fees may be awarded to the prevailing or most prevailing party at the discretion of the arbitrator. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of the Terms nor to grant any remedy which is either prohibited by the Terms, or not available on the basis of applicable law. The arbitrator shall not have the power to make any award or grant any remedy on the basis of equity.
Notwithstanding anything to the contrary in the AAA Rules, you and We agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award shall all be kept fully confidential and shall not be disclosed to any other party, except to the extent necessary to enforce this arbitration provision, arbitral award or other rights of the parties, or as required by law or court order. This confidentiality provision does not foreclose the AAA from reporting certain consumer arbitration case information as required by state law.
Notwithstanding the foregoing, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third-party’s intellectual property or other proprietary rights. You and the Company agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.