Fearless Living Institute, Inc. (“Fearless Living Institute,” “Rhonda Britten,“ “we,” “us,” or “our”) welcomes you. We invite you to access and use our Websites, including, without limitation, FearlessLiving.org, RhondaBritten.com, FearlessYou.com, FearlessLiving.com, OvercomingFearToday.com, FearlessWorld.com, LifeCoachCertificationProgram.com, TheCoachingCamp.com, GetFearlessNow.com, ConfidenceChallenge, FearChallenge, MasterCoachMindset.com, and any websites located at the root URLs www.FearlessLiving.org, which may expand or change from time to time (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.
1. DESCRIPTION AND USE OF OUR WEBSITE
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 Fearless Living Institute community.
2. COMMUNITY GUIDELINES
Fearless Living Institute’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites or our Social Media Pages, Profiles, or Groups, 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 our Social Media Pages, Profiles, or Groups and will not use the Websites or our Social Media Pages, Profiles, or Groups 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
- disparages Rhonda Britten or Fearless Living Institute in any way; 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 or our Social Media Profiles, Pages, or Groups 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 or our Social Media Profiles, Pages, or Groups 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, or our Social Media Profiles, Pages or Groups without notice, and to remove any content that does not adhere to these Community Guidelines.
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 sign-in name (“User 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 User 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 User 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 User Name, or change any Unique Identifier. We reserve the right to delete or change your Password, User 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. Fearless Living Institute 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 Fearless Living Institute 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 in 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 User Name or Password). You hereby authorize Fearless Living Institute 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 Rhonda Britten and Fearless Living Institute (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 Fearless Living Institute. Fearless Living Institute and Rhonda Britten 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 Fearless Living Institute (the “Fearless Living Institute Trademarks”) used and displayed on the Websites are registered and unregistered trademarks or service marks of Rhonda Britten and the Fearless Living Institute. 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 Fearless Living Institute 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 Fearless Living Institute 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. USE OF RSS FEEDS
RSS is a free service offered by FearlessLiving.org for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertisement associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS feeds as provided by FearlessLiving.org, and you may not edit or modify the text, content or links supplied by FearlessLiving.org. For web posting, reprint, transcript or licensing requests for FearlessLiving.org material, please send your requests to support -[at]- FearlessLiving.org
8. REGISTERED USER CONTENT; LICENSES
As noted above, the Websites provide 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 FEARLESS LIVING INSTITUTE, 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 User 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, Fearless Living Institute, 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 Fearless Living Institute 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 Fearless Living Institute 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.
9. SERVICES AND PRODUCTS
The Fearless Living Institute is committed to providing exceptional coaching, courses, certification programs, memberships, live events, and services for Visitors and Registered Users; however, FearlessLiving.org is under no legal obligation to refund the purchase price of any coaching, course, live event, certification program or service under any circumstance unless explicitly put forth by FearlessLiving.org. Fearless Living Institute will seek to satisfy every customer in a reasonable way through extended and reasonable consultant interaction, but does not offer refunds, apart from the list that follows for courses when purchased as a stand-alone course, and not as part of Fearless You Membership:
Fearless Living Training Program
A 7-Day, 100% Money-Back Guarantee. We totally guarantee your satisfaction with Fearless Living Training Program Online Course, and back it with a 100% money-back guarantee. If you’re unsatisfied — for ANY reason — send us an email and show us that you did the exercises. We will remove your access to the Course and refund 100% of your money within 7 days. It’s that easy!
Starting Over Course
Try Starting Over Course RISK FREE for 7 days. We totally guarantee your satisfaction with Starting Over Course, and back it with a 100% money-back guarantee. If for any reason you’re not happy, simply let us know before the 7 days are up, and we’ll remove your access and give you a full refund.
Change Your Life in 30 Days
Try Change Your Life in 30 Days RISK-FREE for 7 days. We totally guarantee your satisfaction with Change Your Life in 30 Days, and back it with a 100% money-back guarantee. If for any reason you’re not happy, simply let us know before the 7 days are up, and we’ll remove your access and give you a full refund.
How to Find Your Purpose
Try How to Find Your Purpose RISK-FREE for 7 days. We totally guarantee your satisfaction with How to Find Your Purpose, and back it with a 100% money-back guarantee. If for any reason you’re not happy, simply let us know before the 7 days are up, and we’ll remove your access and give you a full refund.
21 Days of Self Love
Try 21 Days of Self Love RISK-FREE for 7 days. We totally guarantee your satisfaction with 21 Days of Self Love Online Course, and back it with a 100% money-back guarantee. If for any reason you’re not happy, simply let us know before the 7 days are up, and we’ll remove your access and give you a full refund.
Freedom of Forgiveness
Try Freedom of Forgiveness RISK-FREE for 7 days. We totally guarantee your satisfaction with the Freedom of Forgiveness Online Course, and back it with a 100% money-back guarantee. If for any reason you’re not happy, simply let us know before the 7 days are up, and we’ll remove your access and give you a full refund.
Try Letting Go RISK-FREE for 7 days. We totally guarantee your satisfaction with Letting Go Online Course, and back it with a 100% money-back guarantee. If for any reason you’re not happy, simply let us know before the 7 days are up, and we’ll remove your access and give you a full refund.
Create a Year that Matters
Try Create a Year that Matters RISK-FREE for 7 days. We totally guarantee your satisfaction with Create a Year that Matters Online Course, and back it with a 100% money-back guarantee. If for any reason you’re not happy, simply let us know before the 7 days are up, and we’ll remove your access and give you a full refund.
How to Overcome Fear Series
Try How to Overcome Fear Series RISK-FREE for 7 days. We totally guarantee your satisfaction with the How to Overcome Fear Series, and back it with a 100% money-back guarantee. If for any reason you’re not happy, simply let us know before the 7 days are up, and we’ll remove your access and give you a full refund.
Regarding Confidence Week, Confidence Challenge, Fear Challenge, and all stand-alone purchased Challenges, Series and/or Mini-Courses (less than 2.5 hours in length) such as, but not limited to, “Getting Your Needs Met,” “Stretch, Risk or Die,” “Build Your Year,” or any and all “Master Classes,” there are no refunds.
Regarding any and all additional stand-alone courses, classes, and/or programs, please see each individual course, class, and/or program's refund policy. If no refunded policy is stated then any and all stand-alone courses, classes, and/or programs are non-refundable.
Fearless You Membership
There are no refunds for Fearless You Membership whether registered as monthly, annual, or lifetime member. We will do everything in our power to provide you the best possible service, but we do not offer refunds for any reason. We will, however, immediately cancel your recurring monthly or annual membership upon request so that no further charges will be incurred.
Fearless You Trial Membership
All Fearless You Trial Offers are offered for 14-days. If the membership is not canceled by the client/student within 14 days, the membership is wholly in effect and adheres to the no-refund policy described above.
Fearless CEO Membership
There are no refunds for Fearless CEO Membership. We will do everything in our power to provide you the best possible service, but we do not offer refunds for any reason. We will, however, immediately cancel your recurring membership, if you purchased on-going monthly recurring, upon request so that no further charges will be incurred.
Master Coach Mindset Membership
There are no refunds for Master Coach Mindset Membership. We will do everything in our power to provide you the best possible service, but we do not offer refunds for any reason. We will, however, immediately cancel your recurring membership, if you purchased on-going monthly recurring, upon request so that no further charges will be incurred.
Fearless Mentor Program or Phoenix Rising Mastery Program
There are no refunds for Fearless Mentor Program or Phoenix Rising Mastery Program. We will do everything in our power to provide you the best possible service, but we do not offer refunds for any reason.
LIVE EVENTs and WORKSHOPS led by Rhonda Britten
Due to the nature of live events, there are no guarantees or refunds. If there is an emergency and you cannot attend a workshop that has already been purchased, you must email us before the date of the workshop or event at support@FearlessLiving.org to inform us of your emergency. If we confirm we have received your email, you will have 12 months to apply the balance to a current course or workshop on the www.FearlessLiving.org website. If you do not inform us before the date of the workshop or event you have purchased, your purchase will be forfeited.
LIVE EVENTS led by Certified Fearless Trainers (CFT)
FearlessLiving.org is not responsible for refunds for CFTs’ LIVE EVENTS. Please visit the Certified Fearless Trainers’ individual website for their guarantee. Each Certified Fearless Trainer is an independent contractor and therefore responsible for their refund policy.
One-on-One Coaching Services with Rhonda Britten and/or Certified Fearless Living Coach (CFLC)
There are no refunds for one-on-one coaching clients. In extreme circumstances – injury, illness, or family tragedy – coaching sessions may be put on hold (but not refunded) at the mutual discretion of coach and client. All coaching sessions and coaching packages must be completed and used within one year. Any unused sessions are not refundable.
There are no refunds for any and all Certification Programs including, but not limited to, Life Coach Certification Program (LCCP), Certified Fearless Trainer (CFT) Business-in-a-Box (BIAB) Train the Trainer Program, and upleveling CFLC and CFT trainings including, but not limited to, Advance CFLC, Advance CFT, Master CFLC, Master CFT, Mentor CFLC Certifications. The Registered User is liable for the full financial commitment for the LCCP, BIAB and/or upleveling CFLC and CFT Certifications. If, for any reason, they choose not to continue or choose to stop participating, or if their Agreement is terminated, the Registered User will continue to be financially liable for the fees of this program. All Certification Programs have their own separate Agreements that explicitly explain conditions of terms. Please review their separate Agreements before making any decision.
10. CERTIFIED FEARLESS LIVING COACHES and CERTIFIED FEARLESS TRAINERS
Fearless Living Institute, Inc. has no affiliation with any Certified Fearless Living Coach or Certified Fearless Trainer and/or any of their courses or events listed on this website or any other website or platform. If you have any causes of action, contracts, claims, suits, costs, demands, and damages of whatever nature or kind in law or in equity arising from your attendance, affiliation, contract, or relationship with the event or its host, you are required to address the grievance with the hosting party directly. By visiting this site, you also agree that Fearless Living Institute, Inc. and Rhonda Britten will not be held liable for any damages of any kind or nature including, but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages from your attendance of any hosted event, use or misuse of any and all Fearless Living materials or any programs, events, products or services administered by any host.
The listing of Certified Fearless Living Coaches (CFLC) and Certified Fearless Trainers (CFT) on Websites is designed to be a resource and is provided as a courtesy. Neither Rhonda Britten nor FearlessLiving.org regulate or oversee the certified coaches listed on the Websites, including CFLCs who are referred to Registered Users or Visitors through the Courses, Programs or LIVE EVENTS support links. CFLCs and CFTs who accept Registered Users or Visitors as either a Coaching Client or Attendee of their LIVE Events or Online Course through the Websites are independent contractors and, therefore, Fearless Living Institute is not liable for their conduct, ethics and/or results.
Except as explicitly provided in this agreement, FearlessLiving.org and the CFLC and/or CFT make no guarantees or warranties, express or implied. In no event will Fearless Living Institute, Inc. or the CFLC and/or CFT be liable to the Client for consequential or special damages. Notwithstanding any damages that the Client may incur, the CFLC and/or CFT entire liability under this agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to CFLC and/or CFT under this agreement for all services rendered up until the termination date.
Fearless Living Institute Life Coach Certification Program (LCCP) and Fearless Living Business-in-a-Box (BIAB) Train the Trainer Program are educational programs. Fearless Living Certified Fearless Living Coach (CFLC) signifies coaches have fulfilled the basic requirements of the Life Coach Certification Program (LCCP). Fearless Living Certified Fearless Trainers (CFT) signifies trainers have fulfilled the basic requirements of the Business-in-a-Box (BIAB) Train the Trainer Program.
Ethics and professional responsibility education have been provided to all CFLCs who have completed the Life Coach Certification Program (LCCP) and all CFTs who have completed the Business-in-a-Box (BIAB) Train the Trainer Program plus, any and all upleveling trainings for CFLC and CFTs. While it is Fearless Living Institute hope that all coaches will conduct themselves at the highest level of professional and ethical standards, Fearless Living Institute cannot be held responsible for the conduct of individual coaches and trainers.
11. FEARLESS BOOK GROUP LEADER (FBGL)
Fearless Living Institute, Inc. has no affiliation with any of the Fearless Book Group events listed on this website or any other website or platform. If you have any causes of action, contracts, claims, suits, costs, demands, and damages of whatever nature or kind in law or in equity arising from your attendance, affiliation, contract, or relationship with the event or its host, you are required to address the grievance with the hosting party directly. By visiting this site, you also agree that Fearless Living Institute, Inc. and Rhonda Britten will not be held liable for any damages of any kind or nature including, but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages from your attendance of any hosted event, use or misuse of any and all Fearless Living materials or any programs, events, products or services administered by any host.
The listing of Fearless Book Group Leaders (FBGL) on Websites is designed to be a resource and is provided as a courtesy. Neither Rhonda Britten nor FearlessLiving.org regulate or oversee the Fearless Book Group Leaders listed on the Websites, including FBGLs who accept Registered Users or Visitors as Fearless Book Group Attendees through the Websites. Fearless Book Group Leaders are independent contractors and, therefore, Fearless Living Institute is not liable for their conduct, ethics and/or results.
Except as explicitly provided in this agreement, the Fearless Living Institute, Inc. and the Fearless Book Group Leader make no guarantees or warranties, express or implied. In no event will the Fearless Book Group Leader be liable to the Client for consequential or special damages. Notwithstanding any damages that the Client may incur, the Fearless Book Group Leader entire liability under this agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to Fearless Book Group Leader under this agreement for all services rendered up until the termination date.
Fearless Book Groups are educational programs and are lead by Volunteers who chose of their own accord to participate in minimal training to obtain the title of Fearless Book Group Leader. Fearless Book Group Leaders (FBGL) have fulfilled the basic requirements of the Fearless Book Group Leader Training.
Ethics and professional responsibility education have been provided to all FBGLs who have completed the Fearless Book Group Leader Training. While it is Fearless Living Institute hope that all FBGLs will conduct themselves at the highest level of professional and ethical standards, Fearless Living Institute cannot be held responsible for the conduct of individual Fearless Book Group Leaders.
These terms represent the entire agreement of the parties, and reflect a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
12. 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. All email sent to the email addresses of Websites becomes the property of Fearless Living Institute. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, testimonials, 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.
13. NO WARRANTIES; LIMITATIONS 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. DIGITAL MILLENNIUM COPYRIGHT ACT
Fearless Living Institute 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:
Fearless Living Institute, Inc.
13636 Ventura Boulevard Suite 413
Sherman Oaks, CA 91423
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.
19. CONTROLLING LAW
This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
20. 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 Los Angeles County in the State of California 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 the courts of Los Angeles, California, United States of America. 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.
21. 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.
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.