Terms of Use

Acceptance

1. BY USING THE APPENDANCE, INC. ONLINE PORTAL (THE “PORTAL”) INCLUDING ANY OFFERED ONLINE COURSES (A “COURSE”), ANY WEBPAGE UNDER THE APPENDANCE.COM DOMAIN (THE “SITE”), OR OTHERWISE ENGAGING WITH THE SITE AND THE OFFERINGS THROUGH THE SITE YOU AGREE TO THE FOLLOWING TERMS OF USE AND PRIVACY POLICY (THE “TERMS”).

2. Creation of an individual’s user profile (an “Account”) or a corporate profile (a “Corporate Account”) indicates you (the “User” or “you”) have read, understood, and accepted these Terms.

3. You must be at least 18 years of age or older to use this Site, participate in the Course, or to access anything through an Account or Portal, and the Company assumes no responsibility or liability for your misrepresentation of your age.

4. Appendance, Inc. (the “Company”) reserves the right to modify or amend these Terms at the Company’s Discretion. The Company may provide notice of such modifications, but notice is not required or necessary under these Terms.

5. Any notice, if provided, of the modifications of these Terms may be sent to any email or other contact information provided through the Site and subject to the Terms, the Company’s newsletter, or any other manner of communication determined by the Company to be effective to provide such notice.

6. You are encouraged to review these Terms on a regular basis, and you agree to be bound by any and all such modifications or amendments.

7. These Terms are by and between you and the Company. No third-party has any rights or benefits intended, created, or conferred through these Terms.

Service

8. The user may access the Site freely, and may purchase access to one or more Courses through the Portal.

9. The user could then be able to follow the course material and connect in certain live sessions as provided by the Course.

10. The Courses and opportunities provided through the Site shall be determined at the discretion of the Company and may change from time to time.

11. The Courses may use third party systems, such as video conferencing and hosting of material for the Courses, and use of such systems shall be governed by the third-party system’s own terms of use and privacy policy.

12. Payments may be made through a third-party payment processor and all information collected or required for such purchase shall be governed by that payment processor’s terms of use and privacy policy.

Account

13. You are required to create an Account, secured by email address and password, with the Site in order to access the Portal and Courses.

14. To create an Account, you will submit a username, password, and such other information as requested by the Company and as you desire for any section that is not required.

15. Such information may include:

a. Your name, in full or part,

b. Your contact information, such as email, phone number, or address,

c. Access to computer hardware, such as microphone, camera, and any other permissions necessary for video conferencing either through the Site or through appropriate third party providers, and

d. Any other voluntary or suggested information as may be added to the Site from time to time.

16. The Company may make recommendations about your username, password, and other sensitive details - in particular, suggestions on how to make a stronger or more secure username or password. Such suggestions are optional to use, and you are free to ignore such suggestions.

17. You may elect to save and record payment information, on a third-party site, connected to the Account, subject to the terms and conditions of such third-party site.

18. There may be other disclosures you may be asked to make, such disclosures are to provide better service to you and are strictly voluntary.

19. The Account may provide additional features as determined from time to time by the Company.

20. To the extent you have closed an Account, you may create a new Account under the same email address, after a period of 3 months (a “reinstated Account”).

21. A reinstated Account will contain the information previously disclosed, including, to the degree permitted by the third-party processor, payment information.

22. After two years, an Account may no longer be reinstated.

23. You have the right to close your account at any time, by so electing while logged into your account.

24. Information provided through the Account will remain on the Site unless and until there is a request to remove such information.

25. For any information protected under the Privacy Policy, the retention of such information is governed by the Privacy Policy.

26. Any other information obtained through the Account shall be kept for a period of two years or until the Account is reinstated.

27. Should you violate any law in connection with the use of the Site, the Company reserves the right to terminate your Account without further notice.

28. Should you violate any of the included Terms, specifically but not limited to the provisions on conduct or as related to completion of the Course, the Company reserves the right to terminate your Account without further notice.

29. Waiver by the Company of the right to terminate your Account for any instance is not a waiver of the right for all instances.

30. If your account is terminated by the Company, it may not be reinstated.

31. If your account is terminated, your information will be handled as if you closed your Account, except with regard to reinstatement.

32. Data Loss. The User assumes full control over the password and standard security of the Account. The User assumes the risk of loss of sufficient Account information that makes logging in impossible and resetting the Account impractical. The User agrees that participation in the Courses offered through the Site are at the User’s risk.

Course Offerings and Rules

33. The Company shall offer one or more Courses at the discretion of the Company.

34. Each Course may be provided through a third party website or tools, and access to the Course is conditioned on following and accepting the terms and conditions of such third party terms of service as provided in these Terms.

35.Each Course shall offer certain synchronous and asynchronous elements.

36. It is the User’s responsibility to attend, access, and use all elements of the Course and the Company offers no warrantees, guarantees, promises, or otherwise related to success or usefulness of any particular element to any particular User.

37. Each Course shall provide a course outline outlining what elements are part of the Course, including times and manners for connecting to live or synchronous elements, along with the obligations of the User in regard to each Course the User purchases.

38. Each course outline shall be incorporated by reference and shall be considered part of these Terms while the relevant class is offered by the Company.

39. It shall be the User’s sole responsibility to attend all live elements or to reach out and request an accommodation for missing a live element.

40. If the User misses any live event, the Company is not responsible for any refunds or replacement times. The Company may, at the User’s reasonable request and depending on the circumstances, offer a replacement live event.

41. The User shall have access to the Course for the duration of the Course, which shall be period of 60 days from the date the Course starts or is purchased, whichever is later.

42. Upon completion of the Course, the User will be able to download a certificate evidencing participation and completion.

43. Failure to complete all required elements of the Course, as provided in the course outline, shall result in the Course not being completed.

Prohibited Conduct

44. A User is prohibited from acting in a manner counter these Terms, including but not limited to the following prohibited actions:

a. Attempting or succeeding at undermining, overcoming, or otherwise hindering the security systems of the Site,

b. Scraping or data mining the Site and any Accounts, including the Users,

c. Reverse engineering or attempting to reverse engineer or disassemble any code or software installed in or part of the Site,

d. Sending harassing or threatening messages to the agents or representatives of the Company or any other user,

e. Using the Site, Portal, or Course to build an email list or otherwise send spam or mass commercial emails,

f. Creating bot or fake accounts,

g. Perpetuating or performing fraud,

h. Violating or infringing the intellectual property ownership or rights of the Company,

i. Uploading images of violence, abuse, nudity, or illegal behaviors,

j. Uploading malicious code,

k. Committing phishing, doxing, cyberstalking, personal attacks, or acts of personal or broader terror,

l. Such conduct as may encourage or incite another user or individual to violate these prohibited actions or these Terms,

m. Such other conduct as prevents or limits the ability of the Company to teach and other users to learn, and

n. Such other conduct that may be prohibited by law or by the Company from time to time.

Privacy

45. This Privacy Policy outlines the nature, purpose, use and sharing of any Personally Identifiable Information (“PII”) collected via the Site, Portal, Account, forum, or other data collection function. PII may include your name, email, mailing and/or home address, phone numbers, or other information that identifies you personally.

46. Any other data that is not statutorily PII may be protected to the extent PII is protected; however, under no circumstances shall the definition of PII in these terms be read to be more expansive than provided by established law.

47. Generally, PII is collected by voluntary submission by a User. By doing so, you are giving the Company permission to use the information for the purpose requested by the Company. Your decision not to provide certain information may result in the Company being unable to provide services or parts of the services.

48. If you voluntarily provide PII, in any manner, the Company will use that information to help provide the information or Course you have requested or to respond to you. The information the Company may receive varies based on what you do when visiting the Site and the method used to contact the Company.

49. The Company may record video conferencing sessions for internal training and review of Company representatives.

50. When PII is requested, the reasons for collecting it and a description of the intended use of the information may be provided.

51. Should you provide your email address, the Company will provide you with newsletters and other information as it becomes available or based upon your subscription preferences for such mailings.

52. Email is not necessarily secure, and it is suggested you do not send sensitive personal data such as bank account, credit card information, or other similar data to the Company by email.

53. The Company automatically collects information about each visit for Site management and security purposes only. Such information helps update the Site. Such information may include (i) the internet domain from which you access the Site, (ii) the internet protocol address from which you access the Site, (iii) the type of browser used, if one is used, (iv) the operating system used to access the website, (v) the date and time of access, and (vi) log in information such as username.

54. The automatically collected information is provided to the Company’s web development team.

55. Information that is not PII or PII stripped of identifying features may be provided to third parties to develop advertising or sponsorship relationships or other business development strategies.

56. Any PII collected is secured to the best available standards reasonable for the Company behind protections such as firewalls, secure socket layer, encryption, password protections, and other reasonable precautions.

57. Should the Company be hacked and your PII be stolen, the Company, pursuant to conscience, as generally outlined in these Terms, and the requirements of law, will notify you as soon as possible.

58. You retain and own your own data, including permanently deleting your account for any reason at any point, and information included in such deletion will not be recoverable.

59. The Company will never sell the data. The Company may aggregate, anonymize or otherwise manipulate meta-data and preferences to provide statistics on reader preferences and behaviors to authors or advertisers.

60. All information submitted to the Company shall be retained until (I) 2 years after an account has been closed or (II) for a period of time reasonable and in the discretion of the Company.

61. For the purposes of and within the meaning of the European General Data Protection Regulation (“GDPR”), you retain and own your own data, including

a. The ability to create, edit, and delete your data at any time by request,

b. The ability to archive data to be stored by the company for up to one year,

c. Or to permanently delete your account for any reason at any point, such terminate deletion will not be recoverable.

62. As the Company primarily does business within the United States, and does not seek sales in the European Union, and for the purposes of performing under the GDPR, please contact the Company with “Data Controller” or “Data Protection” in the subject.

Intellectual Property

Trademarks

64. You shall not copy, download, repost, or otherwise retransmit such trademarks without the express consent of the Company.

65. Should you copy, download, repost, or otherwise retransmit such trademarks, you may be in violation of the Lanham Act, 15 U.S.C. § 1051 et. sec. and the Company may elect to pursue any and all legal remedies associated with the trademark violation.

Copyright

68. You shall not copy, download, repost, or otherwise retransmit such code or images without express consent of the Company.

69. Should you copy, download, repost, or otherwise retransmit such images, you may be in violation of the Copyright Act, 17 U.S.C § 101 et. sec. and the Company may elect to pursue any and all legal remedies associated with the Copyright violation.

70. To the extent the Company creates any content on an on-going basis, the Company affirmatively states that all rights are reserved.

71. To the extent the you create comments, art, or other copyrightable materials, the Company explicitly disclaims any right and ownership to such comments, art, or other copyrightable materials with the exception that the Company has and retains the right to remove such comments, art, or other copyrightable material if it does not comport with the Conduct provisions of these Terms.

72. To the extent you create comments or other copyrightable materials, you give a free non-exclusive license to the Company for the purpose of using such comments or other copyrightable material for social media websites, blogs, or other marketing materials.

73. Prior to use of such comments or other copyrightable material, the Company may attempt to notify you through the provided email address, if you have an account.

74. To the extent your comments are helpful for business development, such comments may be used by the Company for such purposes as are claimed in these Terms.

DMCA Takedowns

75. Anyone may submit a takedown notice to the Company, provided such takedown notice complies with the Digital Millennium Copyright Act.

76. The takedown notice must include the individual’s or entity’s name requesting a takedown and the registration number, and such other information as may be requested from time to time by the Company.

77. The Company shall perform due diligence, including reviewing any included copyright registrations with the Library of Congress, and if such review indicates the individual or entity has a right to have the matter taken down under the DMCA, the Company will promptly take down the identified and offending content.

78. Submission of a takedown notice shall not guarantee the removal of content, and actions taken shall be determined on a case by case basis.

Payments

79. The Course shall only be available to the User upon provision of payment, in the amount determined from time to time by the Company and published on the Site.

80. Payment may be made by the User or by a third party on behalf of the User.

81. Payment shall be processed through a third-party payment processing service, and the User shall comply with all requirements of that third party service.

82. Payment shall be due in full at the time of purchase, which may be paid in full or in installments as selected and available through the payment processing service, and there shall be no refunds.

83. Should payment be rejected for any reason, access to the Course shall be terminated immediately.

84. The Company is an affiliate of a number of different companies, and this section will be updated as necessary to reflect current affiliate partnerships.

a. An affiliate relationship provides commissions paid by the affiliate to the Company for the clicking of a link, the furtherance of a sale, or such other relationship as requested by the affiliate.

b. If this is upsetting or problematic with you, please feel free to use an alternative path to purchasing instead of links on the Site.

General

85. Age: You state that you are over the age of 18 and able to be legally bound by contract or are acting on behalf of someone younger, such as a child. Should you elect to use this App in conjunction with alcoholic beverages, you affirmatively state that you are of age in your jurisdiction to consume such beverages.

86. Service Interruption. Access to the Site may be stopped from time to time for regular or emergency maintenance on a scheduled or unscheduled basis. Access to the Site may be stopped due to local service outages or third-party actions related to the Site, including but not limited to transferring servers or any other reason. You understand access to the Course, Site, Portal, or any other online offerings from the Company may be interrupted due to no fault of any party. The Company shall have no liability for any damage or loss caused as a result of such downtime.

87. Assignment: This Agreement cannot be assigned, except for any successors to the Company.

88. Amendment. This Agreement may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by both parties.

89. Choice of Venue: To the extent litigation arises from these terms, you agree all such litigation will take place in the Federal District of Colorado or the State courts of Colorado located in Larimer County, Colorado.

90. Alternative Dispute Resolution: The Parties agree to mediate any and all claims under these Terms or arising out of the use of the Site, and the Parties agree that if one party fails to mediate any claim and instead proceed directly to litigation, the appropriate remedy is a dismissal of the action.

91. Choice of Law: These Terms shall be interpreted according to the laws of the State of Colorado and the laws of the United States of America.

92. Attorney’s fees: A prevailing party on any issue arising out of these Terms shall be entitled to Attorney’s Fees.

93. Waiver: A waiver of any right or duty outlined in these Terms based upon circumstances is a waiver of an individual instance of such right or duty. Such a waiver is not a waiver for all time of the right or duty.

94. Severability: Should any provision be found by any Court to be illegal or ineffective as a matter of law, such provision shall be struck immediately and be given no weight or effect.

95. Guarantees. The Company makes no guarantees or promises beyond offering one or more seminars on writing covering subjects which have been shown to be useful in business writing. The Company does not guarantee or promise that such techniques will work in all or every situation; it is the duty and responsibility of the Attendees to learn and use the techniques appropriately.

96. Contact Us. The User may contact the Company through the Site or by email at [email protected]. Depending on the Course and Course outline, the User may be provided alternative contact information for the Company.