ONLINE COURSE TERMS AND CONDITIONS
You and the Company agree to the following terms and conditions:
1. DEFINITIONS. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in this Section 1.
a. “Agreement” means these terms and conditions together with the contents of the Registration Form (upon submission by You).
b. “Company” means The Treenet Collective LLC, having its registered business address at 5900 Balcones Drive, Suite 100, Austin, Texas 78731.
c. “Confidential Information” means, in relation to a Party (the “Disclosing Party”), all non-public proprietary or confidential information (whether the information is in oral, visual, written, electronic, or other tangible or intangible form) disclosed to the other Party (the “Recipient”), its affiliates, or their Representatives, or which is acquired by or otherwise comes to the knowledge of the other Party in connection with the Course Content, and all notes, analyses, summaries, and other materials prepared by the Recipient or any of its Representatives that contain, are based on, or otherwise reflect, to any degree, any of the foregoing, whether disclosed before or after submission of the Registration Form or agreement to these Terms.
i. Confidential Information includes (but is not limited to): (A) the Course Content; and (B) the contents of this Agreement.
ii. Confidential Information does not include any information that: (A) is or becomes generally available to the public other than as a result of the Recipient’s or its Representatives’ breach of this confidentiality provision; (B) is obtained by the Recipient or its Representatives on a non-confidential basis from a third party that was not legally or contractually restricted from disclosing such information; (C) was in the Recipient's or its Representatives' possession prior to the Disclosing Party's disclosure hereunder; or (D) was or is independently developed by the Recipient or its Representatives without using any Confidential Information.
d. “Course Content” means all content made available to You which includes, but is not limited to, text, images, photos, posts, logos, marks, graphics, designs, files, services, products, videos, audio, software, applications, computer code, metadata, downloads, and all other information and materials on and contained in the Platform or otherwise by or on behalf of the Company to educate You on the fundamentals of treenet weaving under the name Mastering Treenet Basics.
e. “Parties” means You and the Company.
f. “Permitted Use” means use of the Course Content for Your own personal, non-commercial, informational and educational use.
g. “Platform” means the website on which the Course Content is made available to You.
h. “Registration” occurs when You submit the Registration Form.
i. “Representatives” means, with respect to a Party, that Party’s and its affiliate’s employees, officers, directors, managers, consultants, agents, independent contractors, service providers, subcontractors, and legal advisors.
j. “Registration Form” means the registration form provided to You by the Company to register for access to the Course Content.
k. “You” or “Your” means any person or entity (each, a “Person”) who has agreed to and is, therefore, bound by this Agreement.
2. Account.
a. Account Creation; Account Representations. In order to access the Platform and the Course Content, You are required to create a user account at Registration (Your “Account”). You: (i) represent and warrant that all information provided for the creation of Your Account is accurate, complete, and current; and (ii) agree to maintain and update Your Account information so that it remains accurate, complete, and current.
b. Account Responsibilities.
i. In order to create Your Account, You may be required to choose a username or password.
ii. Your Account may only be used by You.
iii. The Company may rely on any such username created by You to identify You.
iv. You are responsible for protecting the confidentiality of any such username or password created by You.
3. License.
a. License Grant. Subject to and conditioned on Your payment of all required fees and compliance with all other terms and conditions of this Agreement, You are granted a non-exclusive, limited, revocable, non-transferable, non-sublicensable license to use the Course Content for the Permitted Use (the “License”).
b. Reservation of Rights. The Company reserves all rights not expressly granted to You in this Agreement. Except for the limited rights and license expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to You or any third party any intellectual property rights or other right, title, or interest in or to the Course Content or the Platform.
c. Use Restrictions. You shall not, and shall not permit any other Person to, use the Course Content or the Platform for any purpose beyond the scope of the license granted in this Agreement and shall be liable for damages resulting from the breach or violation of any provision contained in this Agreement. Without limiting the foregoing and except as otherwise expressly set forth in this Agreement, You shall not, and shall not permit any other Person to, at any time, directly or indirectly:
i. Share, edit, modify, copy, reproduce, enhance, distribute, redistribute, transfer, transmit, or in any way exploit the Course Content or the Platform.
ii. Rent, lease, lend, sell, resell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Course Content or the Platform.
iii. Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Course Content or the Platform.
iv. Collect or use descriptions or prices of the Course Content or the Platform.
v. Make any derivative use or create derivative works of the Course Content or the Platform, whether free or paid, without the express, written consent of the Company.
vi. Remove any proprietary notices from the Course Content or the Platform.
vii. Use the Course Content or the Platform other than for the Permitted Use or in any manner or for any purpose or application not expressly permitted by this Agreement or that is to the Company’s detriment or commercial disadvantage.
viii. Bypass or breach any security device or protection used for or contained in the Course Content or the Platform.
ix. Use the Course Content or the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property or proprietary rights of the Company or any other Person or that violates any applicable law.
x. Use or distribute any kind of malicious software, data gathering or extraction tool, or harmful information or material on the Platform, including, but not limited to, robots, data mining, computer viruses, or spyware.
xi. Make any attempts to hack or gain unauthorized access to any part of the Platform.
xii. Send unauthorized or unsolicited material or cause disruption in the operation or functionality of the Platform.
d. Updated Course Material; Additional Course Material. The Company reserves the right to amend, change, alter or modify the Course Content at its discretion, and You will be able to access any updated version of the Course Content at no additional cost. Additionally, the Company may offer additional course material to supplement the Course Content to You at an additional fee, from time to time, in which case such additional course material becomes part of the Course Content, and this Agreement shall apply to the additional course material.
4. FEES; PAYMENT.
a. Fee. As consideration for access to Your Account, the Platform, and the Course Content, You agree to pay the Company a total payment equal to the amount specified on the Platform (the “Fee”). The Fee is due and must be paid immediately at the moment of Registration, without offset or deduction. Registration is not complete, and You will not have access to the Course Content until the Company has received full payment of the total Fee.
b. Taxes. The Fee and any other amounts payable by You under this Agreement are exclusive of taxes and similar assessments. You are responsible for all sales, use, excise and any other taxes, duties, and charges of any kind imposed by any governmental or regulatory authority on any amounts payable by You hereunder, other than any taxes imposed on Company's income.
c. Payment Methods. Any payments under this Agreement may be made by credit card or other online method authorized by the Company through the Platform. You shall be responsible for all applicable transaction costs. You authorize the Company to charge the credit card or account chosen by You to complete all payments under this Agreement, and You do not require separate authorization for each payment.
d. Late Payments. If You fail to tender full or timely payment of any payment owed to the Company, including, but not limited to, the Fee, or if a payment is cancelled or charged back, the Company reserves the right to charge a late payment fee equal to 1.5% of the total amount overdue, to accrue monthly until payment is received or, if lower, the highest rate permitted under applicable law.
e. No Refunds. You understand and agree: (i) that the Company is under no obligation to grant You a refund; and (ii) You will not be refunded if You cancel or terminate this Agreement. You waive and consent to the waiver of any and all rights to any applicable statutory “cooling-off period,” “withdrawal period,” or any other cancellation or refund rights under applicable law to the fullest extent permitted by law.
5. CONFIDENTIAL INFORMATION.
a. Protection of Confidential Information. You: (i) acknowledge that the Confidential Information of the Company, its affiliates, and other Persons is strategic, commercially sensitive, and valuable and that the improper disclosure or use thereof may cause serious damage and loss to the Company; and (ii) agree that You: (A) shall use such Confidential Information solely for the purposes described in this Agreement ;and (B) shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose such Confidential Information for other purposes without the prior written consent of the Company.
b. Compelled Disclosure. If any Confidential Information is required or requested to be disclosed by applicable laws, You shall promptly notify the Company of such request or requirement so that a decision can be made with regard to such potential disclosure.
c. Unauthorized Use. You shall notify the Company as soon as reasonably practicable of any unauthorized use, or attempted use, of the Company’s Confidential Information, and provide all information necessary to assist the Company in any investigation it considers necessary, including for the purposes of mitigating damages, any claim, or the prevention of a recurrence. Additionally, You shall undertake Your best efforts to prevent a recurrence of such unauthorized use or attempted use.
6. INTELLECTUAL PROPERTY.
a. Intellectual Property Ownership. You acknowledge and agree that: (i) the Course Content is licensed, not sold, to You by the Company and You do not have under or in connection with this Agreement any ownership interest in the Course Content or in any related intellectual property rights; (ii) the Company is the sole and exclusive owner of all right, title, and interest in and to the Course Content, including all intellectual property rights relating thereto, subject only to the limited license granted to You under this Agreement; and (iii) You hereby unconditionally and irrevocably assign to the Company or the Company's designee, Your entire right, title, and interest in and to any intellectual property rights that You may now or hereafter have in or relating to the Course Content (including any rights in derivative works relating thereto), whether held or acquired by operation of law, contract, assignment or otherwise.
b. Feedback. If You or any of Your Representatives sends or transmits any communications or materials to the Company by mail, email, telephone, or otherwise, suggesting or recommending changes to the Course Content or any comments, questions, suggestions, or the like ("Feedback"), the Company is free to use such Feedback notwithstanding of any other obligation or limitation between the Parties governing such Feedback. You hereby assign to the Company on Your behalf, and on behalf of Your Representatives, all right, title, and interest in, and the Company is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although the Company is not required to use any Feedback.
7. REPRESENTATIONS AND UNDERSTANDINGS.
a. Mutual Representations and Understandings. Each Party represents, warrants, and covenants to the other Party that: (i) such Party has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, and authorizations it grants and is required to grant under this Agreement; (ii) the execution of this Agreement by the person whose signature is set forth at the end of this Agreement has been duly authorized by such Party to the extent necessary; and (iii) when executed and delivered by both Parties, this Agreement will constitute the legal, valid, and binding obligation of such Party, enforceable against such Party in accordance with its terms.
b. The Company’s Additional Representations and Understandings. The Company shall use Your personal data only for the purposes set out in this Agreement and its privacy policy. The Company shall ensure it complies with the requirements of applicable law relating to the use of personal data. For more information on how Your personal data is used and stored by the Company, please refer to the Company’s privacy policy which You can find here: [URL].
c. Your Additional Representations and Understandings. You represent, understand, and agree that:
i. You are at least 18 years of age, and the Company: (A) makes no representation that the Course Content is available or appropriate for use by individuals younger than the age of 18; and (B) does not permit You to access Your Account, the Platform, or the Course Content if You are younger than 18 years old.
ii. You may not provide access to Your Account or the Course Content or in any way make Your Account or any information relating to Your Account (including, but not limited to, Your username and password) or the Course Content available to any other Person.
iii. Regardless of whether another Person is or was authorized by You to access or use Your Account, You are and remain at all times responsible for: (A) any and all use of Your Account; and (B) ensuring that any and all use of Your Account is fully compliant with the provisions of this Agreement.
iv. The Platform or Course Content may contain links or references to third-party websites or resources, and: (A) the Company does not own or control these third-party websites or resources; (B) You assume any and all risks for visiting or using these third-party websites or resources; (C) any and all transactions between You and these third parties are exclusively between You and the relevant third party; (D) the Company is not liable for any damages resulting from or relating to Your use of these third-party websites or resources; and (E) You
agree that the Company is not responsible or liable for the correctness, accuracy, or completeness of any content or information presented on these third-party websites and resources.
v. You shall not: (A) disparage or discredit the Company’s brand, products, services or persons working for or employed by the Company; or (B) make any unsubstantiated claims that will ruin the business reputation of the Company.
vi. You shall not use the Course Content or any information or materials in relation to the Course Content, the Company, or this Agreement in any way that: (A) is illegal, infringes or violates the rights of anyone; (B) is offensive, obscene, defamatory, abusive, profane, hateful, vulgar, libelous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way; (C) encourages or advocates conduct that constitutes a criminal offense, gives rise to any liability, or violates any law; or (D) is likely to cause confusion among third parties.
vii. You shall not misrepresent or embellish Your relationship with the Company (including, but not limited to, by expressing or implying that the Company supports, sponsors, or endorses You) or express or imply any other type of relationship between the Parties except as expressly permitted by this Agreement.
8. WARRANTIES.
a. Limited Warranty. The Company represents and warrants that: (i) it has sufficient rights in and to the Course Content as granted herein; and (ii) use of the Course Content by You in accordance with this Agreement shall not infringe or violate any copyright, trademark, or right of privacy or publicity of any Person. The limited warranties set forth in this Section 8(a) apply only if: (i) You notify the Company in writing of the warranty breach within 60 days of Your payment of the Fee for the relevant Course Content; and (ii) as of the date of notification, You are in compliance with all terms and conditions of this Agreement (including the payment of all Fees then due and owing).
b. Remedial Efforts. If the Company breaches, or is alleged to have breached, any of the warranties set forth in Section 8(a), the Company may, at its sole option and expense, take any of the following steps to remedy such breach: (i) replace any damaged or defective Course Content; or (ii) refund the Fee You paid for such Course Content. The remedies set forth in this Section 8(b) are Your sole remedies and the Company's sole liability under the warranties set forth in Section 8(a).
c. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH IN SECTION 8(a), THE COURSE CONTENT AND OTHER PRODUCTS, INFORMATION, MATERIALS, AND SERVICES PROVIDED BY THE COMPANY ARE PROVIDED "AS IS." THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE COURSE CONTENT OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSONS’ REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED "AS IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY OF THEM IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF SUCH THIRD-PARTY MATERIALS.
9. DISCLAIMERS.
a. Errors; Description. The Company does not represent, warrant, or guarantee that the Course Content, Your Account, or the Platform will be true, accurate complete, current, or free from errors, defects, inaccuracies, omissions, interruptions, or disruptions. The descriptions, representations, and any other information regarding the Course Content provided on websites, social media, or elsewhere are intended to convey the general nature of the Course Content only and do not guarantee the outcomes or content of the Course Content. The Company reserves the right to amend, change, alter, or modify the Course Content, its features, structure, delivery method, or any other aspect of the Course Content at the Company’s sole discretion and without prior notice.
b. Access; Incompatibility. The Course Content is facilitated through the Platform, and the Company is not responsible or liable for any delays, downtime, interruptions, or temporary failures to access or use the Course Content, the Platform, or Your Account. The Company makes no representations, warranties, or guarantees regarding the compatibility of the Course Content or the Platform with Your specific technology or internet connection. It is Your responsibility to ensure that You have the appropriate technology, equipment, hardware and software, along with access to a reliable internet connection, to be able to access and use the Platform and the Course Content. The Company is not responsible or liable if You fail to meet the requirements for the Course Content or if You are unable to use and complete the Course Content based on Your personal circumstances, skills, commitment, capabilities, and effort. You are responsible for allocating sufficient time and resources to allow You to successfully use and complete the Course Content.
c. Professional Relationship; Professional Advice. Purchasing, accessing, or using any part of the Course Content, Your Account, or the Platform does not establish any kind of professional or legal relationship with the Company or any person working with or for the Company, including, but not limited to, instructors, course creators, or other contributors, nor does it create any kind of ongoing legal or professional obligation or responsibility between You and the Company or any person working with or for the Company beyond the scope of this Agreement. The Course Content is for informational and educational purposes only. The Course Content is general information and is not, and should not be construed as, any form of professional advice, nor is it intended to replace or substitute for such professional services. You acknowledge that the Course Content does not address Your specific individual needs.
d. Product Availability. The Company does not guarantee the availability of specific products or services mentioned in the Course Content. It is Your responsibility to source products and services necessary for the Course Content.
e. Third-Party Views and Opinions: The views and opinions expressed in the Course Content are solely the views of the individuals who have contributed or expressed those views and opinions. The views and opinions expressed by third parties in the Course Content do not represent or reflect the views, opinions, ideas, policy, or position of the Company. The Company is not responsible for the accuracy, reliability, or content of third-party statements. The Company disclaims any liability or responsibility for any opinions, recommendations, or statements made by third parties and does not represent, endorse, approve, recommend, or certify any views, opinions, ideas, information, products, services, or processes of any third parties or the third parties themselves presented or mentioned in the Course Content.
f. Reliance; Results and Outcomes. You use the Course Content at Your sole discretion and risk. The Company does not guarantee that the Course Content will meet Your expectations or objectives. The Company is not responsible or liable for Your reliance on any part of the Course Content. Individual outcomes and results may vary based on personal circumstances, skills, commitment, capabilities, effort, and application of the Course Content. The Company is not responsible for: (i) the effectiveness of the Course Content, Your Account, or the Platform; (ii) any results in relation to or outcomes from the Course Content, Your Account, or the Platform; or (iii) any decisions made by You or any other Person based on the Course Content or any results in relation to or outcomes from the Course Content. The Company does not represent, warrant, or guarantee the effectiveness of the Course Content, Your Account, the Platform, or the results in relation to or outcomes from the Course Content. The Company’s comments about the effectiveness of the Course Content, results, or outcomes are expressions of opinion only.
g. Risk. You agree to use and execute the Course Content at Your sole risk. The Company specifically does not represent, warrant, or guarantee the safety, suitability, or effectiveness of any of the objects, products, services, tools, methods, or techniques mentioned or used in the Course Content. The Company is not responsible and disclaims any liability for any injuries, damages, losses or other consequences arising out of or resulting from Your use of the Course Content, including, but not limited to, any injuries, damages, losses or other consequences arising or resulting from misuse, misunderstanding or failure to follow any part of the Course Content.
10. TERM; SUSPENSION; TERMINATION.
a. Term. This Agreement is effective (and You receive access to the Course Content and the Platform) upon Your Registration and continues for as long as the Course Content is available on the Platform, You cancel this Agreement or until (in accordance with Section 10(c) or the Company terminates this Agreement or until (in accordance with Section 10(d)).
b. Suspension. The Company reserves the right (at the Company’s sole discretion) to fully or partially suspend Your access to the Platform, Your Account, or the Course Content (with or without notice) if: (i) the Company has not received, in full, all payments due from You; or (ii) the Company knows or suspects that You have or shall breach any of Your obligations under this Agreement.
c. Cancellation. You may immediately cancel this Agreement upon written notice to the Company.
d. Termination. The Company shall be entitled to immediately terminate this Agreement by email to You, without liability, if: (i) any payment that is due under this Agreement has not been received by the Company in full and on time or is withdrawn; (ii) You breach any of Your obligations under this Agreement; (iii) the Course Content is no longer available on the Platform; or (iv) Company (in its sole discretion) determines such action is necessary to satisfy any requirements, conditions, guidelines, or opinions contained in any directive, order, opinion, or ruling of any public authority.
e. Effect of Termination. If this Agreement is terminated or cancelled in accordance with the terms of this Agreement, then: (i) the License shall be immediately revoked; (ii) Your Account shall be terminated; (iii) Your access to the Platform and the Course Content shall be revoked and terminated; and (iv) You shall cease and abstain from the use of and delete the Course Content from any location You have shared or stored the Course Content. Additionally, if this Agreement is terminated due to Your breach of this Agreement, the Company may refuse You access to any other courses, products, or services.
f. Survival. Any right, obligation, or provision under this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement. Without limiting the foregoing, this Section 10(f) and Sections 1, 5, 6, 8(c), 9, 11, 12, and 13 survive any termination or expiration of this Agreement.
11. INDEMNIFICATION.
a. Indemnification. You agree to indemnify and hold the Company and anyone else working with or for the Company harmless from all damages, losses, claims, actions, demands, suits, proceedings, or judgments, including costs, expenses and attorneys' fees assessed against or otherwise incurred by the Company arising, in whole or in part, from: (i) actions or omissions, whether done negligently or otherwise, by You or Your Account, Your agents, directors, officers, employees, or representatives; (ii) use of the Course Content, the Platform or Your Account by You; (iii) violation of any laws, regulations, rules, or ordinances by You or Your Account; (iv) violation of any provisions of this Agreement by You or Your Account or anyone related to You; or (v) infringement by You or Your Account of any intellectual property rights or other third-party rights.
b. Indemnification Procedure. The Company will notify You as soon as reasonably possible of any such claims, damage, or liability. The Company reserves the right to defend such claim, damage, or liability at Your expense. If requested, You will fully cooperate and provide assistance to the Company to defend any such claims without any cost.
c. Cumulative Remedies. All rights and remedies provided in this Section 11 are cumulative and not exclusive, and the exercise of any right or remedy provided in this Section 11 does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other section of this Agreement, or otherwise.
12. LIMITATION OF LIABILITY.
a. Risk. Your visit to and use of the Course Content and the Platform is at Your sole risk, and You are solely responsible for the accuracy and correctness of any personal and other information You provide, the outcome of Your actions, Your results, and all other actions in connection with the Course Content and the Platform.
b. No Liability. The Company and anyone else working with or for the Company is not responsible, nor is the Company liable, for any damages resulting from: (i) any errors, delays, bugs, or omissions on the Platform, interruption in operation and Your use of the Platform, failure of performance of any kind, website attacks, including, but not limited to, viruses, malware, malicious code, hacking of information, and any other system failures; (ii) indirect damages or loss, including, but not limited to, consequential, incidental, special, enhanced, punitive, or exemplary damages (for example, increased costs, business interruption, loss of income, revenue, profits, use, data, business, reputation, or any goodwill arising out of or in connection with this Agreement) even if it has been advised of the possibility of such damages or if such damages were foreseeable; (iii) any theft of or unauthorized access to Your information by any third party, regardless of the Company’s negligence; (iv) any use or misuse of any Course Content; (v) any failure resulting wholly or to any material extent from Your willful misconduct or negligence; or (vi) the modification of the Course Content or its merger with any other content by any person other than the Company.
c. Limited Relief. Regardless of any language herein to the contrary, to the fullest extent permitted by law: (i) the Company’s aggregate liability in connection with this Agreement is limited to the Fee actually paid to the Company by You (per this Agreement) in the 12-month period immediately preceding the event giving rise to a claim or $5,000 (whichever is less); and (ii) You waive any right or remedy in equity, including, but not limited to, the right to seek injunctive, specific performance or other equitable relief, in connection with the Platform, Your Account, the Course Content or this Agreement.
13. MISCELLANEOUS.
a. Entire Agreement; Amendment and Modification. This Agreement constitutes the entire agreement between the Parties relating to the Course Content and supersedes any earlier agreements (written or oral) between the Parties with respect to the subject made hereof. This Agreement may be changed, modified, or amended by the Company at any time and at the Company’s sole discretion by sending notice of such modification to You by email, effective as of the date of the email. Your continued use of the Platform or the Course Content following the effective date of such change will constitute Your acceptance of such changes, modifications, or amendments. If any such changes, modifications, or amendments are unacceptable to You, Your sole recourse is to cancel this Agreement in accordance with Section 10(c).
b. Waivers; Severability; Assignment; No Third-Party Beneficiaries. No failure or delay by the Company in exercising any right or remedy under or in connection with this Agreement shall impair any right or remedy or operate or be construed as a waiver of any right or remedy. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. You may not assign or transfer the Course Content or any of Your rights or obligations under this Agreement unless agreed to by the Company in writing. Any purported assignment, transfer, or delegation in violation of this Section 13(b) is null and void. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or will confer on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
c. Notices. Any notice, request, consent, invoice, claim, demand, or other communication between the Parties in connection with the Course Content, the Platform or this Agreement must be sent by email to the following email addresses set out for each of the Parties below (or such other email address as a Party may notify the other Party in writing):
If to the Company: lindsey@treenetcollective.com
If to You: to the email address provided by You in the Registration Form.
d. Equitable Relief. You acknowledge and agree that a breach or threatened breach by You of any of Your obligations under this Agreement, may cause the Company irreparable harm for which monetary damages would not be an adequate remedy and agree that, in the event of such breach or threatened breach, the Company will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
e. Force Majeure. No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the affected Party's control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; (i) epidemics, pandemics, or quarantines; (j) failure of a power grid or the internet; or (k) shortage of adequate power or transportation facilities (each a “Force Majeure Event”). The Party suffering a Force Majeure Event shall give notice (within thirty days of the Force Majeure Event) to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.
f. Governing Law; Attorneys' Fees. This Agreement and any obligations arising out of or in connection with this Agreement are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. In disputes concerning this Agreement, the Company shall be entitled to the costs of collection, enforcement, successful defense, and injunctive relief, including but not limited to reasonable attorneys’ fees and court costs, post-judgment collection expenses, and all necessary expenses, regardless of whether litigation is commenced.
g. Dispute Resolution.
i. This Section 13(g)(i) applies if: (A) You are a resident of the United States; (B) You are registered or authorized to do business in the United States; or (C) the relevant dispute is not subject to arbitration under Section 13(g)(ii). All disputes arising out of or in connection with this Agreement or the Course Content, or further agreements resulting therefrom and subject to this Section 13(g)(i), shall be settled in the competent courts located in Austin, Texas in the United States of America, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such dispute. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY TO THIS AGREEMENT CERTIFIES AND ACKNOWLEDGES THAT: (A) NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION; (B) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER; (C) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY; AND (D) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 13(g)(i).
ii. All disputes arising out of or in connection with this Agreement or the Course Content, or further agreements resulting therefrom and not subject to Section 13(g)(i), shall be settled in accordance with the Rules of Arbitration of the International Chamber of Commerce (“Rules”) by one arbitrator appointed in accordance with such Rules. The place of arbitration shall be Austin, Texas in the United States of America, the proceedings shall be conducted in the English language, and no award or procedural order made in the arbitration shall be published.
h. Interpretation. For purposes of this Agreement: (i) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (ii) the word "or" is not exclusive; (iii) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to this Agreement as a whole; (iv) words denoting the singular have a comparable meaning when used in the plural, and vice versa; and (v) words denoting any gender include all genders. The Parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.
i. Electronic Signature. This Agreement constitutes an electronic contract between You and the Company with the full force and effect of a handwritten signature. The Parties enter into this Agreement by submission of the Registration Form by You by way of clicking on the “Create Account” or similar button on the Registration Form.