Terms & Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. By using this website, you signify your consent to these terms of use. If you
do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by
[GRACE IMPAK, LLC] (which includes [Graceimpakacademy.com or graceimpak.com],
among others) (collectively the “Site”) is subject to the following terms and conditions
(“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you
accept, without limitation or qualification, the Terms of Use and acknowledge that any
other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, training materials,
products, services and/or other materials, made available on the Site by us or other
third parties, as well as the look and feel of all of the foregoing, (collectively referred to
as the “Content”) are maintained for your personal use and information by [Grace
Impak, LLC, (the “Company”) and are the property of the Company and/or its third party
providers. You agree that such Company Content shall include all proprietary videos,
HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos,
documents, and text as well as all other materials included in the Site, excluding only
the materials you provide. Subject to your compliance with these Terms of Use, the
Company hereby grants you a limited license, which is non-exclusive, non-transferable,
and non-sublicensable, to access, view, and use the Site solely for your personal
purposes. No Company Content may be copied, reproduced, republished, uploaded,
posted, transmitted, distributed, used for public or commercial purposes, or downloaded
in any way unless written permission is expressly granted by the Company. Modification
of the Content or use of the Content for any other purpose is a violation of the copyright
and other proprietary rights of the Company, as well as other authors who created the
materials, and may be subject to monetary damages and penalties. You may not
distribute, modify, transmit or use the content of the Site or any Content, including any
and all software, tools, graphics and/or sound files, for public or commercial purposes
without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other
materials contained in the Site, are copyrighted unless otherwise noted and are the
property of the Company and/or a supplier to the Company. No such materials may be
used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people
used in the Company Content and contained in the Site, including without limitation the
name and trademark “[Grace Impak]”, are either the property of, or used with
permission by, the Company. The use of Content by you is strictly prohibited unless
specifically permitted by these Terms of Use. Any unauthorized use of Content may
violate the copyright, trademark, and other proprietary rights of the Company and/ or
third parties, as well as the laws of privacy and publicity, and other regulations and
statutes. Nothing contained in this Agreement or in the Site shall be construed as
granting, by implication or otherwise, any license or right to use any Trademark or other
proprietary information without the express written consent of the Company or third
party owner. The Company respects the copyright, trademark and all other intellectual
property rights of others. The Company has the right, but has no obligation, to remove
content and accounts containing materials that it deems, in its sole discretion, to be
unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these Terms of
Use. If you believe that your intellectual property rights are being violated and/or that
any work belonging to you has been reproduced on the Site or in any Content in any
way, you may notify Company at [[email protected] ]. Please provide your
name and contact information, the nature of your work and how it is being violated, all
relevant copyright and/or trademark registration information, the location/URL of the
violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date
information in the Site, the Company makes no warranties or representations as to its
accuracy. The Company assumes no liability or responsibility for any errors or
omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to
receive any notices, announcements, agreements, disclosures, reports, documents,
communications concerning new products or services, or other records or
correspondence from the Company. You consent to receive notices electronically by
way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but
not limited to, notes, text, drawings, images, designs or computer programs, such
submissions shall become, and shall remain, the sole property of the Company. No
submission shall be subject to any obligation of confidence on the part of the Company.
The Company shall exclusively own all rights to (including intellectual property rights
thereto), and shall be entitled to unrestricted use, publication, and dissemination as to
all such submissions for any purpose, commercial or otherwise without any
acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized
access to our data and files. However no system whether or not password protected
can be entirely impenetrable. You acknowledge that it may be possible for an
unauthorized third party to access, view, copy, modify, or distribute the data and files
you store using the Site. Use of the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information
about you to third parties, except where the Company, in good faith, believes such
disclosure is necessary to comply with the law or enforce these Terms of Use. By using
the Site, you signify your acceptance of the Company’s Privacy Policy,
[www.graceimpakacademy.com]. If you do not agree with this Privacy Policy, in whole
or part, please do not use this Site.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE
SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING
OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE
FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS
IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE
SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE
LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE
COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE
COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY
FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING
YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS
ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES;
YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE
PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS
YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE
FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES
REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT
WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE
CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM
BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL
RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR
CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY
PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY
WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL
BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT
PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of
implied warranties. Some of the above exclusions may thus not apply to you.
10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR
SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD
PARTY SERVICE PROVIDER (including, for example, your web service provider
service, Stripe payment services, your software and/or any updates or upgrades to that
software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE
AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES
THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE
COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.
THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE
AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE
COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR
THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE
COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE
SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO
ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO
DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS
RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY
MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY
USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF
CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL
REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF
THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S
CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE
REASON FOR DISRUPTION.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES,
WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE
OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF
PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF
REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR
TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE
CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES
PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT
THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL
APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE
POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers
employees, and agents, harmless from any and all liabilities, claims, damages and
expenses, including reasonable attorney’s fees, arising out of or relating to (i) your
breach of this Agreement, (ii) any violation by you of law or the rights of any third party,
(iii) any materials, information, works and/or other content of whatever nature or media
that you post or share on or through the Site, (iv) your use of the Site or any services
that the Company may provide via the Site, and (v) your conduct in connection with the
Site or the services or with other users of the Site or the services. The Company
reserves the right to assume the exclusive defense of any claim for which we are
entitled to indemnification under this Section. In such event, you shall provide the
Company with such cooperation as is reasonably requested by the Company.
13. The provisions of these Terms of Use are for the benefit of the Company, its
subsidiaries, affiliates and its third party content providers and licensors, and each shall
have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of
the State of California, without giving effect to any principles of conflicts of law. You
further submit to the exclusive jurisdiction of the state and federal courts sitting in
Orange County, California. If any provision of this agreement shall be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining
provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You
are bound by any such revisions and should therefore periodically visit this page to
review the then current Terms of Use to which you are bound.