TERMS and CONDITIONS
The term “you” refers to anyone who uses, visits and/or views the websites. Sincere Consulting LLC (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the websites, you accept those amendments. It is your responsibility to periodically check the websites for updates.
Your continued use of the websites after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the websites if you do not wish to be bound by these Terms and Conditions.
AGE AND UNITED STATES USE ONLY
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the websites and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this websites, the terms and conditions shall be construed in accordance with the rules and regulations of the state of Connecticut and United States.
You agree to consent and submit to the jurisdiction of the state and federal courts located in Connecticut without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.
You agree to resolve any disputes or claims first through mandatory arbitration in the state of Connecticut and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
All content on this websites including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the websites for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
USER CONTENT AND LAWFUL USE OF THE WEBSITES
For any Content or information that you upload, display, post, transmit, send, email or submit to us on the websites or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our websites and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.
You agree not upload, display, post, transmit, distribute, send, email or submit to us on the websites or on any of our social media sites any information or Content that is-
- illegal, violates or infringes upon the rights of others,
- defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
- encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
- distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,
- any attempts to gain unauthorized access to any portion or feature of the websites, and
- send unsolicited or unauthorized material or cause disruption in the operation of the websites. You agree to use the websites for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions.
THIRD PARTY LINKS
The websites may contain links to third party websitess or resources for your convenience. We may serve as an affiliate for some of these third party websitess by offering or advertising their products or services on the websites; however, we do not own or control these third party websitess. Once you click on a third party link and leave this websites, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websitess. You assume all risks for using these third party websitess or resources and any transactions between you and these third party websitess are strictly between you and the third party. We
shall not be liable for any damages resulting from your use of these third party websitess or resources.
USE OF OUR PAID AND FREE PRODUCTS
We may offer free products for you to download and also sell paid courses, programs, physical or digital products and any other related materials (collectively, “products”) on this websites. We only grant you a limited, personal, non-exclusive and non-transferable license to use all our products for your personal use only.
You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent.
USERNAME AND PASSWORD
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our websites including any or all Content published by you or us at any time for any reason, without notice.
PLANS, FEES, RENEWAL, CANCELLATION
Single User Monthly or 6-month Subscribers
- The term “Monthly Subscription” or “6-Month Subscription” is defined as a 30 day period or 6 month period, respectfully. Subscription renews automatically each month, or every 6 months, until cancelled by the subscriber.
- The subscription fee is charged on the renewal date unless there is no corresponding renewal date within a given month, in such case renewal fee will
be billed approximately 30 days of last payment. (example: a renewal date of the 31st will not have a corresponding renewal date for months with less than 31 days therefore billing will occur approximately 30 days after the previous charge).
- Subscription fees are non-refundable.
- The websites reserve the right to increase subscription fees at any time for any reason with a 30 day notice to subscribers.
- The wesbites maintain the right to terminate the monthly or 6-month subscription and these Terms and Conditions if it is unable to renew the subscription based on outdated or inaccurate credit card information.
- Monthly or 6-Monthly Subscribers may cancel their subscription at any time, for any reason. The access to the training library will continue for approximately 30 days after final payment is received. You can cancel your membership by signing into your account and following the links from the “My Account” page or contacting us [email protected]
Single User Annual Subscriber
- The term “Annual Subscriber” is defined as a 365 day period and renews automatically at the end of the 365 day period unless cancelled by the subscriber.
- Fees are charged on the renewal date
- Annual subscription fees are non-refundable.
- The wesbites reserve the right to increase subscription fees at any time for any reason with a 30 day notice to subscribers.
- The websites maintain the right to terminate the annual subscription and these Terms if it is unable to renew the subscription based on outdated or inaccurate credit card information.
Single User Lifetime Member
- The term “Lifetime Member” is defined by the lifetime of Sincere Consulting LLC. as an independent entity.
- No fees charged beyond initial Lifetime fee.
- Lifetime fee is non-refundable.
- Lifetime membership does not guarantee access to courses released after the start of your membership or new features added to the site.
- The Lifetime Membership is considered complete if Sincere Consulting LLC incurs a business failure, sale or transfer of ownership.
- “Multi-User Accounts” are annual subscriptions defined as a 365 day period.
- Multi-User accounts do not renew automatically.
- Number of users on Multi User Accounts are determined between Train Simple and the account holder and can vary form account to account.
- Multi-User subscription fees are non-refundable.
- The websites reserve the right to increase Multi User Account renewal fees at any time for any reason.
- Free trials are only valid for the initial term. A free trial must be terminated before the initial term expires to avoid subscription fees.
We will consider a full refund if a request is made within 48 hours of registering for a program or course if more than $100 less the cost of any materials or products already received. Client agrees to a phone call before any consideration of a refund is made.
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITES ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITES. COMPANY MAKES NO WARRANTIES THAT THE WEBSITES WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this websites including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the websites is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the websites.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the
websites, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the websites, websites attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the websites; 3) any theft or unauthorized access by third party of your information from the websites regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities") assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the websites including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this websites by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner.
For any questions, please contact us at [email protected]on.com.