Effective September 10, 2018
Intellectual Property Rights and Copyright
Unless otherwise noted, this Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. We expressly reserve all rights to this Site and our materials under U.S. and international laws. The Site is provided solely for your personal noncommercial use. You may download and/or print one copy of individual pages of the Site but only for personal, non-commercial, educational or public policy use, provided that you keep intact all copyright and other proprietary notices. Attribution to the Company and to any individual authors must be noted along with a copyright notice on all copies with all rights reserved. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. Except as described above, you may not modify, copy, reproduce, republish, translate, sell, create derivative works, exploit, or transmit in any way any material from the Site.
You acknowledge and agree that Company’s name, logo and other registered trademarks and service marks (“Our Marks”) are trademarks of the Company. These specifically include Best Life Design, THRIVE Resilience Model, Wholemaker and Worldmaker. You may not use Our Marks for any product or service that does not belong to us, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor, or the endorser of any product or service, nor in any manner that disparages our Company.
Registration and Passwords
You are responsible for maintaining the confidentiality of your Identifier, and are responsible for all activities, whether by you or by others, that occur under it. You agree to ensure that you exit from your account at the end of each session, and notify us immediately of any unauthorized use of your Identifier or any other breach of security. You agree that we will not be liable for any loss or damage arising from your failure to protect your Identifier. You further agree that all uses of the Identifier created by you will be attributed to you and legally bind you and may be relied upon us, and Third Parties with whom we work, as being a use made by you, even if someone else uses your Identifier.
Links and Frames
Blogs and Other Online Forums
This Site includes a variety of features which allow feedback to us and may allow users to communicate with others, such as blogs, discussion boards and email services (“Forums”). By posting or submitting any material to the Site, including but not limited to comments, blog entries, photos and videos, you are representing that you are 18 years of age or older and that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material.
Our Forums are public, not private communications. What is posted on the Forums, or sent via any email services on the Site, is the responsibility of each user. You acknowledge and agree that we have no obligation whatsoever to monitor or control any messages, information or files that you or others provide through the Site, and we make no representations or warranties regarding such posted materials.
You also acknowledge and agree that we have the absolute right to monitor the Forums at our sole discretion. This includes the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves and Third Parties, clients, users and others.
We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in the Forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, or Third Parties, be liable for any loss or damage caused by your reliance on information obtained through the Forums. Be aware that any personal information you voluntarily disclose may be collected and used by others and may result in unsolicited messages. We specifically disclaim responsibility for any third party usage of information posted on the Site.
Your Representations and Warranties
By using the Site or entering any information in our Forums, you represent and warrant to us the following: For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to the Site or participation in any of Forum, you shall not submit, upload, or post to the Site any text, graphic material or other information or data (singularly or collectively, “Content”) that:
- restricts or inhibits any other user from using and enjoying the Site;
- impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- transmits any unlawful, threatening, libelous, defamatory, pornographic, profane or indecent information of any kind;
- transmits any material that violates or infringes upon the rights of others, including invasion of privacy or publicity rights, copyright, trademark or other proprietary rights, or falsifies or deletes author attributions, legal notices or other proprietary designations;
- instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
- gains unauthorized access to the Site, or any account, computer system, or network connected to this Site;
- posts or transmits any information, software, corrupted files or other material that contain a virus or other harmful component;
- uses the site for commercial purposes, including transmitting any advertising or solicitations for products or services or donations of any kind without our express written approval, or gathering personal or contact information that has been posted by other users of the Site for marketing purposes; or
- violates any law.
Content posted on the Site remains the intellectual property of the user. Any such Content is deemed non-confidential and we shall be under no obligation to maintain the confidentiality of any information, contained in any form, contained in any Content. By posting Content, you are granting us, and anyone authorized by us, a non-exclusive, perpetual, irrevocable, royalty-free, unrestricted, worldwide right and license to use, reproduce, modify, adapt, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner, medium, or technology, now known or hereafter developed, for any purpose. This license shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction, for promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including the unfettered right to sublicense such rights, in perpetuity, throughout the world. You further grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, screen name, voice and/or likeness, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials or any portion thereof, at any time for any reason whatsoever.
By posting any Content on the Site, you agree to indemnify and hold harmless Company, its affiliates and agents, from and against all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including but not limited to attorney’s fees, arising or resulting from or in connection with your breach of the foregoing representations and warranties to us.
Certain sections of the Site may allow you to purchase products and services online. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or Third Parties, you represent that you have obtained the express consent to provide such personal information.
Refund Policy: Events
Unless otherwise stated, all sales are final and there are no refunds for any Company programs or events, live or virtual. Event payments may be transferred to a future event. Any refund will be given based on our sole discretion.
Refund Policy: Physical Products
If for any reason you are not satisfied with your product purchase, you must contact us within 30 days of purchase to request a refund. You will be required to return the product in its original condition. Upon receipt of the returned product, we will initiate a refund of the original purchase price of the item, less shipping and handling charges.
Disclaimers of Warranty and Limitations of Liability
THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES IS SUBJECT TO CHANGE AND IS PROVIDED BY US OR THIRD PARTIES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, AND WITHOUT THE UNDERTAKING OF ANY DUTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ANY DUTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER HARMFUL COMPONENTS TO OUR SITE, WE OR THIRD PARTIES DO NOT GUARANTY OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE MAY BE FREE FROM SUCH DESTRUCTIVE FEATURES. YOU AGREE THAT YOU WILL OBTAIN, INCLUDING VIA DOWNLOAD, ANY CONTENT AT YOUR OWN RISK. WE AND THIRD PARTIES ARE NOT LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE, AT ANY TIME.
Release and Indemnity
For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Site or participation or posting in any of Forum, you hereby agree to release and waive any and all claims and/or liability against Company and Third Parties, if any, arising from or in connection with your use of this Site. You agree at all times to defend, indemnify and hold harmless our Company and Third Parties, if any, from and against any and all third party claims, causes of action, damages, liabilities, costs, fees, expenses, or amounts of any kind or nature whatsoever, including without limitation attorney’s fees and expenses, arising out of or related to your use of this Site or any breach of any obligation, warranty, representation or covenant set forth herein. You also agree to cooperate fully in the defense of any such claim.
Copyright Complaints and DMCA Compliance
We respect the intellectual property rights of others and request that our users do the same. We abide by the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you or your agent may send us a notice requesting that the material be removed or access to it be blocked.
To file a notice of infringing materials found on our Site, please provide a notification that complies with the requirements of the DMCA (see https://www.loc.gov/copyright). Any notification that fails to comply with these requirements shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. Any notice of claims of copyright infringement (or counter notices) can be directed to our Copyright Agent at the following address: email firstname.lastname@example.org or mail: 4217 1st Avenue SE, Cedar Rapids IA 52402.
Notice to Users Outside of the U.S.
This Agreement shall be binding upon and inure to the benefit of Company, Third Parties and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Company. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.