Terms and Conditions
Now therefore, in consideration of the Training (defined below) and all related products and/or services to be provided to you by the Company, you hereby agree to the following terms:
- Prices & Payment. You shall be invoiced a price for the online training course offered by the Company (the “Training”) and any and all related educational materials provided for use in the Training, which you agree to pay, including applicable taxes, as specified during registration (the “Price”). If the Company agrees to invoice your fees prior to the start of Training (as identified during registration), we may require you to pay an initial invoice before allowing you to attend the Training. The Price, and all other fees, is due at the time of registration. If any amount owed to Company by you is overdue by more than thirty (30) days and the Company brings a legal action to collect, or engages a collection agency to collect on the Company’s behalf, you hereby agree to pay the Company’s costs of collection, including reasonable attorney fees and court costs. If your check is returned for insufficient funds, we reserve the right to charge you a fee up to the maximum amount permitted by law. Fees must be paid in U.S. Dollars. Invoices that are not disputed within 180 days of invoice date are conclusively deemed accurate.
- Cancellations by Participant. If you choose to cancel Training you purchased, you must cancel Training at least thirty (30) calendar days prior to the scheduled start date of Training to receive a full refund of paid Training fees. If you do not provide at least thirty (30) days advanced written notice of cancellation and do not attend any classes as required by the Training, you will not receive a refund of any fees paid by you to the Company. Notice of cancellation should be provided to email@example.com. If you cancel Training to reschedule Training for another session, your paid fees may be applied to the rescheduled Training at the Company’s sole discretion.
- Cancellation by the Company. Company reserves the right to cancel or reschedule any Training at any time and for any reason without notice. In the event Company cancels any Training prior to the start date of Training, Company will provide a full refund of prepaid fees. In the event Company cancels training after the start date of Training, Company will either refund a prorated portion of prepaid fees for those days that are cancelled or shall reschedule the portion of the cancelled class. Company will not, in any way, be responsible for any other costs, including loss of transportation or accommodation costs or other damages resulting from cancellation or rescheduling of Training.
- Participant Dismissal. You shall, whenever using the Company’s online classroom portal for Training, comply will all policies regarding conduct and security. You may be dismissed from Training if you threaten or harass other participants or the Training instructor or if your behavior, in the opinion the Company, is inappropriate, abusive, or disruptive. In the event you are dismissed from Training, you may not return. If you are dismissed, the Company will not refund any fees paid and will not reschedule the remainder of your Training.
- Course Materials. Company retains ownership of all copyright and other intellectual property rights in the course material provided in Training, including any documentation, technical information, and know-how provided in connection with the Training. Any information provided to you as part of the Training shall be held in confidence and may not be disclosed or copied, without the express written permission of the Company. You may not use a recording or copy device in Training without the Company’s express written consent.
- Sole User. You may not assign your rights to the account to any other person or entity without the signed, written consent of the Company. Each account registered with the Site is only valid for, and can only be used by, one person and only the person who owns the account. Accounts cannot be shared. Violation of this will result in the Company disabling the account on the Site.
- Programs, Browsers, Equipment and Accessibility. The Company conducts the Training through Microsoft programs and technology. Company makes no warranties with regards to the accessibility or functionality of any Microsoft program and is not liable for any malfunctions or related issues thereof. You are solely responsible for obtaining and maintaining display devices, equipment and software, including without limitation operating system and browser software, that conforms to Company’s specifications in effect, as revised from time to time, in order to connect to, communicate with and use the Training materials provided by Company and to access Company’s website.
- Consent to Communications. 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.
- Grant of Ownership Rights. You acknowledge and agree that the Training classes are prerecorded or broadcasted live online through use of a screenshare tool. If you send comments or suggestions to the Company through the Site, 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.
- Your Intellectual Property Rights. The Company respects the copyright, trademark and all other intellectual property rights of others. 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 firstname.lastname@example.org. 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.
- Links to Third Party Sites. The Site may contain links to Web sites controlled by parties other than PowerApps911.com or BoldZebras.com (each a “Third Party Site”). The Company may work with a number of partners and affiliates whose sites are linked with PowerApps911.com and/or BoldZebras.com. The Company is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. The Company makes no guarantees about the content or quality of the products or services provided by such sites. The Company is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
- No Warranty. 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.
- DISCLAIMER. 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.
- LIMITED LIABILITY. 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.
- Indemnification. 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.
- Headings. The headings and captions appearing herein have been inserted for the purposes of convenience and ready reference only and do not purport to and shall not be deemed to define, limit or extend the scope or intent of the provisions to which they appertain.
- Form. Where the context so admits, words and expressions appearing in the singular herein may be interpreted in the plural, and vice versa.
- Waiver. No waiver of any provision hereunder shall be effective unless made in writing and signed by the waiving party, nor shall any such waiver, if made, constitute a waiver of any subsequent breach of the same or of any other provision hereunder.
- Fees and Expenses. If either party institutes an action to enforce the agreements hereunder or any of its terms, the prevailing party shall also be entitled to recover all of its costs, expenses and reasonable attorneys' fees.
Welcome to the PowerApps911 and Thinkific.com Inc. (together, “PowerApps911”, “our”, “us”) Community Space (“Community”), a website for knowledge entrepreneurs to share ideas, expertise, and make connections with other knowledge entrepreneurs.
- Your Account
- In order to access the Community you must create an account by following the instructions on the Community registration page. You must have your own username and password and you are responsible for ensuring that your password remains confidential. You must not share your username or password with anyone, including your colleagues, teammates, or other company employees.
- You may not use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, or (vi) that we reject at our sole discretion.
- You must be 18 years of age or older or at least the age of majority in the jurisdiction where you reside or from which you use the Community in order to access the Community.
- All information you provide in your profile must be accurate, complete and true. PowerApps911 may delete your account if any of your profile information is inaccurate, false, out of date, or incomplete.
- If your username or password is compromised, if you become aware of any unauthorized use of your account, or you notice another breach of security, you must notify us immediately by contacting us at email@example.com.
- When you create an account with Thinkific, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from us. You consent to receive notices electronically by way of transmitting the notice to you by email.
- Your Conduct
- Users may use the Community to upload, download or share material, including words, images and videos (“Content”) with other users. Your use of the Community, including any Content you share must comply with all applicable laws in the jurisdiction in which you register for and use the Community.
- You must not upload Content that:
- is in violation of the Terms;
- is abusive, threatening, defamatory, bigoted, racially offensive, vulgar, hateful, fraudulent, confidential or that discloses a person’s private or personal matters without their consent;
- is spam, or make duplicate posts, or post excessively on one or more boards;
- impersonates another person or organization;
- indicates that you are a moderator or otherwise represent PowerApps911;,
- promotes illegal activity or discusses illegal activities with the intent to commit them;
- infringes a third party’s intellectual property rights;
- contains advertising, promotional materials, market research or other forms of solicitation including chain letters and pyramid schemes;
- contains viruses or corrupted files or attempts to exploit a vulnerability of the Community or of another user’s device;
- are designed to evade profanity or other content filters; or
- contains the personal information of another person (such as phone numbers, address, personal email address, social security number, medical information, or banking information).
- PowerApps911 has no obligation to and does not monitor the Content shared by Community users. However, PowerApps911 may, with or without notice, remove or modify any Content that violates the Terms in our sole discretion.
- If you violate the Terms in our sole discretion, PowerApps911 may immediately suspend or terminate your account. You must not, and must not attempt to evade bans or suspensions or otherwise disregard the directions of Community moderators or administrators.
- If you encounter any Content that violates the Terms, you may report such Content to us by using the “Report Inappropriate Content” feature in the “Options” menu of the post.
- Community Content
- The use of the Community is at your own risk. The Community is provided on an “as is” and “as available” basis and PowerApps911 gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Community.
- Any user may share Content with the Community. PowerApps911 makes no representations or warranties as to the accuracy, completeness, or truth of any Content posted on the Community and is not liable or responsible for any Content contained in the Community. For official support related to Thinkific’s services, please contact firstname.lastname@example.org.
- PowerApps911 is not liable for any links to third-party sites or content posted in the Community.
- You may use the Community to provide PowerApps911 with comments, ideas, suggestions, techniques, concepts, questions, or answers related to PowerApps911, our business or our services (“Feedback”). You hereby grant to PowerApps911 all intellectual property rights in any Feedback you share with us by using the Community and waive any claim you may have to any form of compensation related to or arising from your Feedback.
- Disclaimer; Limited Liability
- NEITHER POWERAPPS911 NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE COMMUNITY AND/OR ANY CONTENT ON THE COMMUNITY 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 COMMUNITY. 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. POWERAPPS911 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE CONTENT IN THE COMMUNITY, THE RESULTS OF THE USE OF SUCH CONTENT, THE SUITABILITY OF SUCH CONTENT FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. POWERAPPS911 DOES NOT WARRANT THAT USE OF THE COMMUNITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMMUNITY, THE CONTENT, AND/OR ANY MATERIALS AVAILABLE ON THE COMMUNITY ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. POWERAPPS911 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.
- IN NO EVENT SHALL THE POWERAPPS911 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 COMMUNITY, 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 POWERAPPS911 HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
- You agree to indemnify and hold PowerApps911 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 these Terms, (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 Community, (iv) your use of the Community or any services that PowerApps911 may provide via the Community, and (v) your conduct in connection with the Community or the services or with other users of the Community or the services. PowerApps911 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 PowerApps911 with such cooperation as is reasonably requested by PowerApps911.
- These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, 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 Hamilton County, Ohio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- These Terms 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 to which you are bound.
- BY USING POWERAPPS911’S SERVICES OR ACCESSING THE COMMUNITY, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
Bold Zebras, LLC welcomes your questions or comments regarding these Terms and Conditions. Please direct any questions to Bold Zebras, LLC to:
Bold Zebras, LLC
3116 W Montgomery Rd STE C #294
Maineville, Ohio 45039
Email Address: email@example.com