The following POP Brands Terms and Conditions of Use (the “Terms”) form a binding agreement between you and POP Brands LLC, an Illinois Limited Liability Company, its affiliates, parents, subsidiaries, assigns, officers, directors, shareholders, agents and employees (collectively referred to as “POP Brands”), and governs your use and activities on any and all versions of the POP Brands website (www.alvcoaching.com; the “Website”) and any information, content, templates, reports, documents, videos, products and services presently offered or accessed through the Website or which may be offered in the future (collectively as “Materials”). Please read these Terms carefully before you access or utilize the Website or Materials. Please be advised that our Terms and Conditions of Use may change from time to time and it is your responsibility to ensure that you are familiar with each and every current version.
1. Acceptance; Age and Eligibility; Compliance; and Termination of Rights.
1.1 Acceptance. By accessing or utilizing the Website, or accessing or using any Materials, you expressly agree to be subject to these Terms. If you do not agree to be subject to these Terms, you must not access or use the Website or Materials.
1.2 Age and Eligibility Requirements. The Website is intended for users who are 18 years or older and who are capable of entering into legally binding contracts. If you are under 18 years of age or are incapable of entering into a legally binding contract, please do not enter or access the Website, or access or use its Materials.
1.3 Compliance. You must use the Website and Materials in compliance with all applicable laws and regulations, and all applicable third-party policies and agreements including, without limitation, wireless data service agreements and any third-party website policies and terms of use.
1.4 Termination of Rights. Your right to use the Website and Materials terminates immediately if you violate any provision of these Terms.
2. Acceptance. By accepting these Terms, you are permitted to: (a) access the Website; (b) view any video(s) and listen to any audio content provided on the Website; (c) utilize any Materials in accordance with these Terms; and (d) provide any personal information on the Website as requested by the Website’s interface.
3. Technical Requirements. To access and use the Website or Materials, you are required to have a working desktop, tablet or smart phone, and sufficient Internet connectivity. POP Brands will not have any responsibility or liability for any hardware, Internet, telephone or other costs you may incur in the use of the Website on Materials. Subsequent versions of the Website or Materials may be made available for use on additional platforms, or other mobile electronic devices.
4. Intellectual Property.
4.1 Content and Marks. With the exception of content provided by you on the Website, POP Brands owns, licenses or lawfully uses all of the content contained in the Website and Materials, including, without limitation: (a) any text, software, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “Content”); and (b) any trademarks, service marks, trade dress and logos whether owned by POP Brands or any third party (collectively, the “Marks”). The Content and Marks are provided to you “as-is” for your personal non-commercial use and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever not expressly permitted under these Terms without the prior written consent of POP Brands and any other respective owners. All rights not expressly granted under these Terms are expressly reserved.
4.2 License From POP Brands. POP Brands hereby grants you a revocable, royalty-free, non-exclusive, worldwide (subject to limitation pursuant to Section 10), non-assignable, non-sub licensable license to duplicate and utilize Materials for your personal use ONLY. If you perform acts considered to be in violation of the license granted under this subsection of the Terms, your license will be terminated immediately and you must, at POP Brands’s option, return or destroy any copies of the Materials you have made pursuant to this subsection of the Terms.
4.3 Licenses To POP Brands and Waiver of Rights. You hereby grant to POP Brands an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to: (a) use any material or content that you submit on the Website for the purpose of (i) use on the Website or POP Brands classes offered therefrom, or (ii) marketing by POP Brands by any means and in any media; and (b) make any and all modifications to material or content that you submit on the Website. You agree that you waive your moral rights to be identified as the author on any and all material or content identified under this subsection.
4.4 Intellectual Property Notification. POP Brands is committed to protecting the intellectual property rights of others. If you believe that any content on the Website or Materials contains your intellectual property or the intellectual property of others without authorization, please contact POP Brands at nicole@alvcoaching.com.
5. Personal Security. You are solely responsible for the activity that occurs in your Website account, and for keeping your Website account username and password secure and private. POP Brands is not responsible for the consequences of any unauthorized access to your Website account. If you become aware of any breach of security or other unauthorized use of your Website account, please notify POP Brands immediately at nicole@alvcoaching.com.
6. Third-Party Websites, Applications and Content. The Website and Materials provide you the ability to access websites, applications and content owned or operated by third parties via links on the Website and Materials. POP Brands has no control over and accepts no responsibility for such websites, applications, or content unless POP Brands is the provider of such websites, applications, or content. Such third-party websites, applications, or content are governed by the terms of use and privacy policies of those third-party websites, applications and content, and will apply to your use of the same, and any goods and services you may obtain therefrom. POP Brands suggests that you consult the terms of use and privacy policies of such third-party websites, applications, or content providers before providing any personally identifiable information or obtaining, acquiring, or purchasing any goods or services therefrom. If you have any queries, concerns or complaints about a third-party website, application, or material accessed via the Website or Materials, you must direct them to the operator of that third-party website, application, or material.
7. Representations and Warranties. You affirm, represent and warrant that: (a) you are 18 years of age or older and are fully able and competent to enter into, accept and comply with these Terms; (b) all information and content you provide on the Website is accurate and truthful; (c) you will not use, copy or distribute in any medium, any part of the Website or Materials included therein, other than for purposes expressly provided for in these Terms; (d) you will not alter or modify any part of the Website or Materials, nor circumvent, disable or otherwise interfere with the security, copy-protection or use-restriction features of the Website or Materials, unless otherwise expressly permitted under these Terms; (e) you will not access the Website or Materials through any technology or means other than as explicitly authorized by POP Brands (e.g. via any automated system, including without limitation, “robots” or “spiders”); (f) you will refrain from any act in relation to the Website or Materials that is in breach of any law or regulation of any applicable jurisdiction; (g) you will not use the Website or Materials for prohibited commercial uses including, without limitation, selling your Website account access information (i.e. username and password), Materials or copies of the Website itself, unless expressly permitted in these Terms or by express written agreement with POP Brands; (h) you will refrain from any act in relation to the Website or Materials that will harm POP Brands or any third party, including without limitation, your use, delivery or transmission of any viruses, unsolicited e-mails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information in relation to the Website or Materials; (i) you will not to access without authority, interfere with, damage or disrupt any part of the Website or Materials, any equipment or network on which the Website or Materials is stored and any software used in the provision of the Website or Materials; (j) you will refrain from any act that may infringe or breach the intellectual property rights, privacy rights or other rights of POP Brands or any third party through your use of the Website or Materials; (k) you will not in any way use the Website or Materials to submit to POP Brands or any third party, any information that may be deemed obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, or untrue; (l) you will adopt reasonable safety precautions to protect your Website account username and password; and (m) you will refrain from any act contrary to any specific rule or requirement that stipulated in these Terms or on the Website.
8. Limitation of Liability. To the extent that the Website and Materials is provided to you by POP Brands, your use of the Website and Materials is at your sole risk. To the fullest extent permitted by law, POP Brands disclaims all warranties, express or implied, in connection with your use of the Website and Materials, and will in no event be liable to you for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever resulting from any: (a) use of the Website or Materials; (b) reliance of information or content provided on the Website or in the Materials; (c) use of any third-party website or materials linked from the Website or Materials; (d) incompatibility or inaccessibility of the Website or Materials; (e) personal injury or property damage of any kind resulting from your use of the Website or Materials; (f) interruption or unavailability of the Website or Materials; (g) inaccurate information posted on the Website or Materials; and (h) bugs, viruses or similar code which may be transmitted to or through the Website or Materials. The foregoing liability limitations apply to the fullest extent permitted by law.
9. Independence from Platforms. The Website and Materials is independent of any mobile platform on which it is located. The Website and Materials is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”). POP Brands is solely responsible for providing any maintenance and support services for the Website and Materials as required under applicable law. You and POP Brands acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Website or Materials. You and POP Brands acknowledge that POP Brands, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Website or Materials or your possession and/or use of the Website or Materials, including, but not limited to any claim that the Website or Materials fails to conform to any applicable legal or regulatory requirement. You and POP Brands acknowledge that, in the event of any third party claim that the Website or Materials or your possession and use of the Website or Materials infringes that third party’s intellectual property rights, POP Brands, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
10. Trade Regulations and Export Controls. You are responsible for complying with trade and export regulations and laws, both foreign and domestic, pertaining to use of the Website and Materials. The Website, Materials, or its underlying technology may not be downloaded to, exported or re-exported: (a) into, or to a resident or national of Cuba, Iran, Sudan, Syria or any other country subject to a U.S. embargo; (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or on the U.S. Commerce Department’s Denied Persons List or Entity List; and (c) to any prohibited country, person, end-user or entity specified by U.S. export laws. As U.S. trade and export laws change frequently, your use of the Website and Materials is deemed your waiver to accepting any amendments or changes to legal requirements described under this section of the Terms without notice.
11. Enforcement After Termination. All provisions of these Terms will survive termination of your use of the Website or Materials, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Assignment. This Agreement will be binding on and inure to the benefit of you and POP Brands and both parties respective successors, assigns, heirs and personal representatives. You will not assign or transfer any right or obligation under these Terms without the prior written consent of POP Brands and any attempted assignment without POP Brands’s prior written consent will be null and void. POP Brands may transfer any rights or obligations under these Terms without your prior written consent.
13. Privacy Policy. POP Brands processes information you have provided on the Website in accordance with the POP Brands Privacy Policy (“Privacy Policy”). By downloading, accessing, or using the Website or Materials, you consent to the terms of the Privacy Policy.
14. Terms, User and Modification. POP Brands reserves the right, at its sole discretion, to modify or replace any and all of these Terms, or change, suspend or discontinue the Website or Materials or any aspect or portion thereof, at any time by posting a notice on the Website or by e-mail. POP Brands may also impose temporary limits on certain Website or Material features, or restrict access to portions or all of the Website or Materials without notice. Your unauthorized access or use of restricted sections of the Website or Materials is a violation of these Terms. POP Brands will not be liable to you for any changes or modifications under this section of the Terms, except as expressly stated in writing between you and POP Brands. POP Brands suggests that you check these Terms and Privacy Policy periodically for changes. Your use of the Website or Materials following POP Brands’s changes to the Terms constitutes your acceptance of changes to the Terms.
15. Miscellaneous.
15.1 Jurisdiction. The Website is based in the United States (U.S.) and is deemed a passive Website that does not give rise to personal jurisdiction over POP Brands, either specific or general, in jurisdictions other than the State of Illinois. POP Brands makes no representations that this Application is appropriate or available for use in locations other than the U.S. Those who access or use this Website or Materials therein from other jurisdictions are responsible for compliance with such jurisdictions’ laws and regulations. If there is a dispute between you and POP Brands relating to these Terms, the party substantially prevailing will be entitled to recover all costs and expenses of any subsequent proceedings (including trial, appellate and arbitration proceedings), including attorneys’ fees incurred therein. You consent to the jurisdiction and venue of the courts sitting in Chicago, Illinois.
15.2 Choice of Law. These Terms are governed by the laws of the U.S. and the State of Illinois, without respect to its conflict of laws principles.
15.3 Completeness and Severability. These Terms and any other legal notices published by POP Brands, the Website, or Website constitutes the entire agreement between you and POP Brands concerning your use of the Website and Materials. If any provision of these Terms is deemed invalid by a Court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which remain in full force and effect.
15.4 Waivers. No term or provision of these Terms will be considered waived by POP Brands, and no breach excused by POP Brands, unless such waiver or consent is in writing and signed by POP Brands. The waiver by POP Brands of, or consent by POP Brands to, a breach, of any provision of these Terms by you will not operate or be construed as a waiver of, consent to, or excuse of any other or subsequent breach by you. This Agreement may be amended or modified only by mutual agreement of authorized representatives of you and POP Brands in writing.
15.5 Business Implications. Nothing in these Terms constitutes an employment, joint venture, or partnership relationship between you and POP Brands. You are not the agent or authorized to act as the agent of POP Brands in any respect.
15.6 Dispute Resolution and Liquidated Damages. Any controversy or dispute between the parties, whether arising out of or in connection with these Terms or otherwise, shall be resolved by binding American Arbitration Association located in Chicago, Illinois. The administrative costs of the arbitration and the arbitrator’s fee shall be shared by the Parties. In such arbitration, the arbitrator shall have no authority or power to amend, modify, or in any other way change any of these Terms. All decisions of such arbitrator shall be final and binding upon the Parties. The prevailing party in such arbitration as determined by the arbitrator shall be awarded an amount equal to its reasonable attorneys’ fees incurred with such arbitration, in addition to what other relief may be awarded. Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You recognize and acknowledge that should a breach of these Terms occur, POP Brands would suffer damages that would be extremely difficult to calculate and/or ascertain. In light of the difficulty in establishing the totality of damages, POP Brands suffer as a result of your breach of these Terms, you agree to immediately to pay $50,000 in liquidated damages to POP Brands in the event of your breach. You further acknowledge that this provision is not included to punish you or compel performance, but instead represents an amount of damages that is reasonable and related to the actual damages POP Brands would suffer by way of your breach of these Terms.
IF YOU DO NOT AGREE OR IF THESE TERMS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE AND ANY MATERIALS OBTAINED THEREFROM.
