TERMS OF PURCHASE

You are purchasing one Web Designer Beauty School product (referred to below as the “WDBS product,” “WDBS Product,” “WDBS” or the “Product”) from Web Designer Beauty School LLC. (the “Company,” “we,” or “us”). You must be at least 13 years of age or older to purchase the WDBS Product. Children under the age of majority should review this Agreement with their parent or legal guardian.

The WDBS Product includes live course access, course content and materials, other information and materials furnished by the Company and access to a website for members of the Program. By purchasing the WDBS Product, you and the Company agree to the following legal terms and conditions that govern your use of the WDBS Product and that form a legal agreement between you and the Company:

INTELLECTUAL PROPERTY

You agree that the WDBS Product contains proprietary information and material that is owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading Product files to sharing sites is considered stealing and the Company will prosecute such misconduct to the fullest extent permitted by law.

The Company provides you with the WDBS Product solely for your personal, noncommercial use, and you agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. You will not use the WDBS Product or the materials available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the WDBS Product. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, WDBS, and the WDBS content, or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights in and to the WDBS Product (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, who reserve all their rights in law or in equity. THE USE OF THE COMPANY’S WDBS PRODUCT, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

Company trademarks, service marks, graphics, and logos used in connection with the WDBS Product are trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

The WDBS Product is an individual purchase program. Upon registration you will receive one username, password, and a member profile for use during the live course and in the private member site as well as the exclusive directory listing.

If you would like to take WDBS along with a business partner or collaborator, you will need to each purchase the course individually. Additionally, if you are interested in having your assistant or your entire team take WDBS, a separate membership will need to be purchased for each participating member.

PRIVACY AND CONFIDENTIALITY

The WDBS Product is subject to the Company’s Privacy Policy. The Company does not knowingly collect personal information from children under the age of 13 and does not wish to do so. The Company reserves the right to request proof of age so that it can verify that minors under the age of 13 are not using the WDBS Product.

We respect your privacy and must insist that you respect the privacy of other people that participate in the Program (“WDBS Participants” or “Program Participants”). Thus, consider this a mutual non-disclosure agreement.

We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, “Confidential Information”) and by purchasing this program you agree to respect the same rights of WDBS Participants, the WDBS Program and representatives of the Company.

Thus, you agree:

  • not to infringe on any copyright, patent, trademark, trade secret or other intellectual property rights of the Company and the Program Participants.
  • that any confidential information shared by WDBS Participants or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to the Company.
    not to disclose such information to any other person or use it in any manner other than in discussion with other WDBS Participants during training sessions.
  • that all materials and information provided to you by the Company are the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may only be used by you as authorized by the Company.
  • the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited.
  • that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

While you are free to discuss your personal results from our programs and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.

WDBS “SUPPORT SCHOOL” MEMBER AREA AND COMMUNITY RULES

No Solicitation Within the WDBS Support School. The WDBS community is about learning, and is not about trying to turn other WDBS Participants into your customers. You are not permitted to offer your services, sell your programs or products, nor are you permitted to invite WDBS Participants to join other social networks, groups, or programs. This is a space for learning and is a pitch-free, solicitation-free and sales-free environment. Sharing affiliate links within the WDBS Member Area is not permitted. Your failure to comply with these terms will result in immediate termination of your participation in the WDBS Program without refund.

WDBS Community Rules. You agree to abide by the WDBS Community Rules, which are available at https://webdesignerbeautyschool.com/code-of-conduct/

THIRD-PARTY MATERIALS AND WEBSITES

The Company may provide links to third-party materials and websites and establish a Facebook group as a convenience to you and other WDBS Participants. These third-party materials and websites are not part of the WDBS Program and they may be either withdrawn or terminated at any time without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.

PAYMENT POLICY

You are responsible to pay for the WDBS Product in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” You will immediately lose access to future Modules and Bonuses and your access to all WDBS content will be revoked 7 days after your payment declines. You will also not receive access to future versions of the Program as it’s released until all payments are made in full.

If your account remains in delinquent status for longer than 60 days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.

To be clear, WDBS is not a “pay in part” program where you can pay only for access to certain Modules and not others. This is a full immersion program and your payment plan is a convenience that we offer so that you can make the price sustainable.

REFUND POLICY

Our commitment is to change people’s businesses and lives. You can participate in the course for up to the first two Modules. If you do the work and don’t get value or feel your learning style doesn’t match how we teach, we’ll happily refund the WDBS purchase price less any external fees subject to the conditions listed:

  • Deadline to Apply for Refund. To be eligible for a refund, you must submit your request by 11:59pm Eastern US Time on 14 days after commencement of the the WDBS Product. The deadline exists because if you sign up for WDBS, we want you to get started. If you don’t plan on starting right away but want to sign up this year we’d love to have you, but definitely make sure this is the right investment for you as the refund does have a firm deadline.
  • Completed Course Work. We’ll ask for your completed course work (to make sure you gave it a go) and ask what didn’t work for you (so we can learn and improve).
  • Company Discretion. After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
  • Please do not enroll in WDBS if you just want to “check it out.” We put an extraordinary amount of time and effort into this program and we expect you to do the same. WDBS is for serious students only.

No refunds will be offered until the start of the program. No exceptions.

EARNINGS DISCLAIMER

When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE WDBS PRODUCT IS AT YOUR SOLE RISK. By purchasing the WDBS Product, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

ADDITIONAL TERMS AND CONDITIONS

1) GOVERNING LAW. You and the Company have entered into this Agreement in the State of Colorado and agree that the validity, interpretation and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of Colorado, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.

2) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS OR LICENSEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OR PURCHASE OF THE WDBS PRODUCT. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WDBS PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE WDBS PRODUCT, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

2) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, WDBS or Katy Martin or Tall Poppies Design LLC or Krista Smith including but not limited to any remark, comment, message, information, declaration, campaign, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous or slander.

3) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The WDBS Product is a non-transferable program.

4) TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the WDBS Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement. Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.

5) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the WDBS Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the WDBS Product will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Company’s website or you may be notified by either e-mail or postal mail. If you have any questions, please contact our legal department directly at support@webdesignerbeautyschool.com.

6) INDEMNIFICATION. By purchasing and/or using the WDBS Product, you, to the extent permitted by law, agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your purchase and/or use of the WDBS Product. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

7) RESOLUTION OF DISPUTES BY ARBITRATION. YOU AND THE COMPANY AGREE TO RESOLVE ANY CONTROVERSY, DISPUTE, CLAIM OR GRIEVANCE, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, BY ARBITRATION THAT WILL TAKE PLACE IN COLORADO, UNITED STATES OF AMERICA AND BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO THE AAA COMMERCIAL ARBITRATION RULES. SUCH ARBITRATION WILL BE CONDUCTED BY A SINGLE ARBITRATOR WHO SHALL BE SELECTED BY THE APPLICABLE AAA RULES AND THE ARBITRATION HEARING SHALL BE HELD WITHIN ONE HUNDRED AND TWENTY (120) DAYS FROM THE DATE THE ARBITRATOR ACCEPTS HIS OR HER APPOINTMENT AS ARBITRATOR. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING UPON THE PARTIES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AND ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION THEREOF. EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN ATTORNEYS’ FEES AND OTHER ARBITRATION COSTS. SHOULD THE AAA FIND THAT ITS CONSUMER ARBITRATION RULES APPLY, THE PARTIES WILL RETAIN THE RIGHT TO SEEK REMEDIES IN SMALL CLAIMS COURT FOR DISPUTES AND CLAIMS WITHIN THE JURISDICTION OF THAT COURT.

FURTHER, ANY SUCH CONTROVERSY, DISPUTE, CLAIMS AND GRIEVANCES WILL BE PURSUED INDIVIDUALLY AND NOT AS A CLASS ACTION. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. PLEASE NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN ARBITRATION. FOR EXAMPLE, THE PARTIES ARE WAIVING THEIR RIGHT TO A JURY TRIAL, AND PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM THAT AVAILABLE IN COURT PROCEEDINGS. IN ADDITION, THE ARBITRATOR’S AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY PARTY’S RIGHT TO MODIFY OR SET ASIDE AN ARBITRATOR’S AWARD IS STRICTLY LIMITED.

8) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Colorado, United States of America for purposes of any such action by the Company.

9) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.

10) SEVERABILITY. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail, but in such event the provision effected in this Agreement shall be limited or eliminated only to the extent necessary, and the remainder of this Agreement shall remain in full force and effect.

11) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.

 

 

TERMS OF USE

Web Designer Beauty School LLC. (“WDBS,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our websites, including, without limitation, Web DesignerBeautySchool.com, Courses.WebDesignerBeautySchool.com (the “Websites”).

We provide visitors to our Websites (“Visitors”) access to the Websites subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.

Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. DESCRIPTION AND USE OF OUR WEBSITES

We provide Visitors and Registered Users with access to the Services as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.

Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Web Designer Beauty School LLC community.

Web Designer Beauty School LLC is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Web Designer Beauty School LLC may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

2. COMMUNITY GUIDELINES

Web Designer Beauty School LLC’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

  • You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
  • You will not upload, post, email, transmit, or otherwise make available any content that:
    • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
    • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
    • discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
  • You will not “stalk,” threaten, or otherwise harass another person;
  • You will not spam or use the Websites to engage in any commercial activities;
  • If you post any Registered User Content, you will stay on topic;
  • You will not access or use the Websites to collect any market research for a competing business;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
  • You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
  • You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.

3. RESTRICTIONS

The Websites are only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

4. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

During the registration process for Registered Users, we will ask you to create an account, which includes a user-name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Web Designer Beauty School LLC will not be liable for any loss or damage caused by any unauthorized use of your account.

5. FEES AND PAYMENT

As consideration for any purchase you make on the Websites, you shall pay Web Designer Beauty School LLC all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Web Designer Beauty School LLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

6. INTELLECTUAL PROPERTY

The Websites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Web Designer Beauty School LLC (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Web Designer Beauty School LLC. Web Designer Beauty School LLC retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Web Designer Beauty School LLC (the “Web Designer Beauty School LLC Trademarks”) used and displayed on the Websites are unregistered trademarks or service marks of Web Designer Beauty School LLC. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Web Designer Beauty School LLC Trademarks, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Web Designer Beauty School LLC Trademarks inures to our benefit.

Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

7. REGISTERED USER CONTENT; LICENSES

As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT WEB DESIGNER BEAUTY SCHOOL LLC, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR REGISTERED USER CONTENT.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, Web Designer Beauty School LLC, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Web Designer Beauty School LLC that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Web Designer Beauty School LLC and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

8. COMMUNICATIONS WITH US

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

9. NO WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITES AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOUR USE OF THE WEBSITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS UNLESS REQUIRED BY APPLICABLE LAWS.

THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.

10. EXTERNAL SITES

The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

11. REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION

(a) If you are a Registered User, you hereby represent, warrant, and covenant that:

  • You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
  • Use of your Registered User in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
  • You shall not submit to the Website any Registered User Content that violates our Community Guidelines set forth above or any other term of this Agreement.

(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Content or the Websites; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

12. COMPLIANCE WITH APPLICABLE LAWS

The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

13. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability.

14. DIGITAL MILLENNIUM COPYRIGHT ACT

Web Designer Beauty School LLC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Web Designer Beauty School LLC
support@webdesignerbeautyschool.com

If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

15. CONTROLLING LAW

This Agreement and any action related thereto will be governed by the laws of the State of Colorado without regard to its conflict of laws provisions.

16. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in Colorado may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Colorado. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.

17. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. MISCELLANEOUS

YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

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