Terms of Services

Web Site Terms and Conditions of Use

This document (together with the documents referred to in it and incorporated by reference) constitutes the terms and conditions for the web sites: https://theadversityacademy.com/, https://theadversityacademy.org, including all related Adversity Academy web sites (“Site”), domains, sub-domains and the terms and conditions (“Terms and Conditions of Use”) on which you may make use of the Site whether as a guest or as a member/account holder in respect of the Site. The Privacy Policy https://theadversityacademy.com/privacy-policy/ is specifically incorporated by reference herein.

The Site is wholly owned and is operated by, or on behalf of, The Adversity Academy, LLC (“Adversity Academy”, “we”, “us” or “our”). It is important to remember that by using the Site and any of the products, services, or other sites available via the Site, you agree to be bound by and act in accordance with these Terms and Conditions of Use without limitations or qualifications. To become a registered user of our system, you will need to affirm you agree to these Terms and Conditions of Use, but indeed any use of any kind of our system is subject to these terms. In short, if you do not wish to be bound by these Terms and Conditions of Use, you should not access or use the Site and should leave immediately.

Copyrights and Trademarks

All copyrights and any other intellectual property rights in the contents of the Site including, but not limited to, the design, text, graphics, software, and other materials (“Materials”) contained therein, and their arrangement are owned exclusively by The Adversity Academy and its licensors.

The Site and all Materials provided via the Site, including, but not limited to, graphic images, audio, video, html code, buttons, text, and course materials may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without our prior written consent. However, you may download, display, and print one (1) copy of such Materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the Materials in any way, and you keep intact all copyright, Trademark, and other proprietary notices.

Unless otherwise specified, the trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered or unregistered Trademarks of The Adversity Academy, its licensors, or customers. You agree that you will not refer to or attribute any information to The Adversity Academy, its licensors, or customers in any public medium (e.g., press release, web sites, etc.) for advertising or promotion purposes, or for the purpose of informing or influencing any third party. You also agree not to use or reproduce any Trademark of, or imply any endorsement by or relationship with, The Adversity Academy, its licensors, or customers.

If you are found at any time to be in breach of these Terms and Conditions of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy copies of any Materials you have made.

Infringement

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. The Adversity Academy prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. You agree that you will not use the Site to infringe the copyright rights and/or other intellectual property rights of The Adversity Academy or others in any way.

Use of the Site

This Site and any services or Materials accessible via the Site is provided ‘as is’. We make no representation or warranty of any kind with respect to the Site or any site, service or Materials available through the Site, and explicitly disclaim all warranties of any kind, whether expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will we be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with the Site, any Materials on or accessed through the Site or any site or service linked thereto, or any copying, displaying, or use thereof. Your statutory rights are not affected by this disclaimer.

The Internet has inherent dangers; we take reasonable measures to ensure a fast, reliable and secure service. However, we will not be responsible for the compatibility of the Site with your computer system, software and/or hardware. Likewise, we will not be held responsible for any damage, loss or corruption of any data, information or material or viruses that may infect your computer equipment or other property due to your use of the Site or to your downloading of any Materials posted on the Site, or on any web site linked to the Site.

Access to the Site is permitted on a temporary basis and we reserve the right to terminate or make modifications to any Materials or services that we provide through the Site (or any part thereof) without notice. We will not be liable if for any reason the Site (or any part thereof) is unavailable at any time or for any period.

Occasionally, we may need to maintain the software and other equipment that runs the Site. During these times, you may not be able to access the Site or the Site may be slower than normal.

You are responsible for making all arrangements necessary for you to have access to the Site and for ensuring that all persons who access the Site through your internet connection are aware of and comply with these Terms and Conditions of Use.

We make no promises of any kind about the suitability, reliability, timeliness, and accuracy of the services offered or Materials posted on the Site for any purpose.

Accuracy

While every effort is made to ensure that the Materials contained on the Site is correct, no warranties (express or implied) are made by us as to the nature or accuracy of any such Materials. Accordingly, we disclaim all liability and responsibility arising from any reliance placed on such Materials by any visitor to the Site, or by anyone who may be informed of any of its contents to the extent permitted by applicable law.

We may make changes to the Materials contained on the Site at any time without notice. However, we are not obliged to update the Site’s Materials and, although we aim to keep the Site as up to date as possible, Materials on the Site may be out of date at any given time.

User Code of Conduct

You may only use the Site for lawful purposes. You agree to follow these rules:

  • You will not do anything illegal.
  • You will not engage in any activity that exploits, harms, or threatens to harm children.
  • You will not post or include any spam (unwanted or unsolicited marketing) messages on the Site.
  • You will not publicly display or use the Site to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
  • You will not engage in any activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating our system or the services we provide for illegitimate means).
  • You will not attempt to circumvent any restrictions on access to or availability of any part of the Site.
  • You will not engage in activity that is harmful to you, others, or the Site itself (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
  • You will not infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of material or photographs).
  • You will not engage in activity that violates the privacy of others.
  • You will not help others break these rules.

If you violate this User Code of Conduct, or any other of our Terms and Conditions of Use, we may stop your access to the Site, either temporarily or permanently, or otherwise close your account, at our sole discretion. Although we have no obligation to do so, we reserve the right to block delivery of a communication on the Site in an effort to enforce these Terms and Conditions of Use, or we may remove or refuse to publish content for any reason, without limitation. This is a private system and we retain the right to enforce these rules as we deem appropriate, without limitation. However, we cannot monitor the entire Site and make no attempt to do so.

If we learn that any conduct on the Site any user, registered or otherwise, is a violation of the federal, state, local, or any other applicable law, including foreign laws, we will report any such breach to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

No Obligations of Confidentiality

Unless expressly stated otherwise herein, any information submitted by you through the Site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information that you consider confidential.

ALL UPLOADS BY YOU TO THE SITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK AND THE ADVERSITY ACADEMY TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF THIS SITE.

Framing/Linking

Any framing of or linking to the Site is prohibited without our prior written permission and such permission would only be given on conditions as we see fit under the circumstances.

Updates to these Terms and Conditions of Use

These Terms and Conditions of Use may be amended, updated or modified by us from time to time. You agree to remain bound at all times by these Terms and Conditions of Use as amended, updated or modified in connection with your use of the Site or any site or service accessible via the Site.

The current version of these Terms and Conditions of Use will always be available at our web site, https://theadversityacademy.com, by clicking on the Legal Information link which is included on the bottom of each web page comprising the Site.

Compliance with Laws

You are responsible for complying with the laws of the jurisdiction from which you are accessing the Site and you agree not to access or use the information on the Site in violation of such laws.

Miscellaneous

We reserve the right to monitor and track your visits to the Site. Our use of your personal information is subject to our Privacy Policy https://theadversityacademy.com/privacy-policy/. By using the Site, you consent to such use and warrant that all data provided by you is accurate.

A failure or delay by us in enforcing compliance with these Terms and Conditions of Use shall not be a waiver of that or any other provision of these Terms and Conditions of Use.

These Terms and Conditions of Use constitute the entire agreement, inclusive of documents specifically incorporated by reference, between you and us as to your use of the Site and shall supersede any prior agreement or representation in respect thereof.

The express provisions of these Terms and Conditions of Use are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

No changes to these Terms and Conditions of Use shall be valid except where they have been agreed to by us and confirmed in writing.

All notices to be given by us to you in connection with these Terms and Conditions of Use shall be sufficiently given when posted on the Site, forwarded to you via the email address you have provided to us, or by updating these Terms and Conditions of Use which will be available to you when you click on the Legal Information link included on the bottom of each web page comprising the Site.

BY USING THE SITE, YOU AND EF AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE VIOLATION, ENFORCEMENT OR INTERPRETATIONS OF THESE TERMS AND CONDITIONS OF USE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION WITH JUDICIAL ARBITRATION AND MEDIATION SERVICES (JAMS) IN ITS DALLAS, TEXAS OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, AND TO THE EXTENT NECESSARY WILL COMPLY WITH THE JAMS CONSUMER MINIMUM STANDARDS FOR ARBITRATION PROCEDURES.

Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

If you have any queries in connection with these Terms and Conditions of Use, or if you should feel the need to address a complaint to us in connection with the Site or the provision of any services provided by us to you, please send the same to the following contact: support@theadversityacademy.com.

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