ACTIVE CHOICES, INC TERMS & CONDITIONS
Welcome to Active Choices, Inc’s Websites. Our Websites are located at anesecavanaugh.com, iep.io, IEP Steward School, IEP School (paid membership on our third-party e-learning platform) and iepmethod.com (the “Websites”). These terms and conditions govern your use of the Websites and our provision of Our Services (as defined below). These terms and conditions are a contract between you and Active Choices, Inc. You must read and agree to these terms and conditions before using Our Services. If you do not agree, you may not use Our Services. These terms and conditions describe your rights and responsibilities as well as what you can expect from the Websites and Our Services.
By clicking “I’ve read and accept” at the end of this agreement, or by being a subscribing member to IEP School, you acknowledge that you have read this agreement, that you understand its terms and conditions, and that you agree to be legally bound by it and its terms and conditions.
No matter who created your account for any of the Websites, your use of the Websites serves as an acknowledgement that you understand these terms and conditions and agree to be bound by them.
Active Choices, Inc (“Active Choices, Inc”, “Our”, “We” and “Us”) owns and operates the Websites and reserves the right to add, delete, and/or modify any of the terms and conditions, at any time and in its sole discretion, by posting a change notice or a new terms and conditions on the Websites. In the event of material changes to these terms and conditions, you will be notified by email and/or will be presented with notice upon logging in to one of the Websites.
- The Websites are available solely for the purpose of helping individual members of IEP School to become experts at using Our content, model, tools and process as purely as possible.
- If you subscribe to the IEP School membership, You agree to pay the monthly membership fee in effect, which We reserve the right to change from time to time. Any change in the membership fee will be effective not less than thirty (30) days following either Our dispatch of a notice to you or Our posting of such change on the Websites. You agree to, and authorize automatic recurring billing of the monthly membership fee to your credit card until your IEP School membership is cancelled. You understand and agree the monthly membership fees are not refundable and will not be prorated.
Use of the Websites and Our Services
- We will only knowingly provide Our Services to anyone that can lawfully enter into and form contracts under applicable law. The Websites and Our Services are not for individuals under the age of 18 and any such use is prohibited.
- You must comply, at all times, with all of these terms and conditions, the applicable agreements and policies referred to in these terms and conditions, and all applicable laws, regulations, and rules when you use the Websites and Our Services.
- Your use of the Websites and Our Services. (a) All intellectual property and other rights, title, and interest in and to the Websites, Our Services, and the registered and unregistered trademarks and copyrights related to the Websites, and the content and materials accessible on and/or through the Websites, and Our Services are owned or licensed to us. Except as otherwise provided in these terms and conditions, You will not acquire any right, title, or interest in such intellectual property rights or otherwise. (b) Subject to the limitations and criteria below and your compliance with these terms and conditions, we grant you a limited, non-exclusive, revocable license (“Limited License”) to access and use the Websites, Our Services and Our trademarks and copyrights solely for their intended purposes, which is the education of the IEP Method and leadership practices. You may not sell, transfer, assign, license, sublicense or modify any of Our trademarks or copyrighted materials. (c) You understand the use of Our trademarks outside of the United States may violate the laws of another country and/or the rights of other third parties. As such, You acknowledge and agree such use is at your own risk. (d) You understand that only you may use your IEP School user account and password, and that your IEP School membership to use Our Services is only valid for your personal use and may not be utilized by or shared with others. If you use the Websites or Our Services in a manner that exceeds the scope of this license or breaches any of these terms and conditions, your license shall terminate immediately and We may pursue all legal remedies available to Us under these terms and conditions and the law.
- Active Choices, Inc is the owner and/or entity having the exclusive right to sub-license the copyrights in all content on or accessible through the Websites, such as text, graphics, logos, images, audio clips, information, data, graphs, videos and other material (the “Website Content”), and in the content of its written materials.
- The Limited License includes a personal, non-exclusive, non-transferable and revocable right to access and use the Website Content, which right is conditioned on your compliance with these terms and conditions.
- Videos and audio clips may not be downloaded from any of the Websites, unless otherwise specified by Us. Other Website Content may be downloaded for your personal use, but may not otherwise be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise shared with others for any purpose whatsoever unless we expressly grant that permission for specific content items.
- You may not modify, sell, transfer, assign, license, sublicense or modify any of the Website Content or Written Materials, or create derivative works based on the Website Content or Written Materials without our express authorization.
- Active Choices, Inc is the owner and/or entity having the exclusive right to sub-license its trademarks.
- If you are an IEP School user based in the United States and are an IEP-Trained Steward or IEP-Certified Steward as defined in the IEP Stewardship Program Overview, the Limited License includes a limited, non-exclusive, non-transferable, revocable license to use the Trademarks.
- We have the right to revoke your trademark license if you cease being an IEP School Member or fail to comply with any of the Guidelines, or any of the terms and conditions herein.
- Prohibited Use. You may only use the Websites and/or Our Services to become educated about IEP and the IEP Method. You shall not cause harm to the Websites or Our Services. Specifically, but not by way of limitation, you shall not (a) interfere with the Websites and/or Our Services by using viruses or any other programs or technology designed to disrupt or damage the Websites, (b) collect electronic mail addresses or other information from third parties by using the Websites and/or Our Services, (c) impersonate another person or entity, (d) without the written authorization from Active Choices, Inc, in its sole discretion, use Our logos, graphics, trademarks or service marks (registered or not registered) in your business name, website domain (URL), email address, logo, tag line, favicon or in any other manner whatsoever, (e) engage in any activity that interferes with another user’s ability to use or enjoy the Websites and/or Our Services or (f) assist or encourage any third party in engaging in any activity prohibited by these terms and conditions.
- Only IEP-Trained Stewards or IEP-Certified Stewards (as defined in the Stewardship Program Overview) shall have the limited right to refer to themselves as an IEP-Trained Steward or IEP-Certified Steward and have access and use the Website Content, in the form as provided, for purposes of providing IEP information and education services to third parties for a fee, subject to the limitations defined in the Stewardship Program Overview. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Website Content. Downloading video content from the Websites for any purpose is strictly prohibited unless specifically noted otherwise. Reposting the video content to any website for any purpose is strictly prohibited unless specifically noted otherwise. If video content is reposted without permission, a fee for damages to Active Choices, Inc may be charged to the user until the video content is removed. Use of the Active Choices, Inc logos without prior written consent is strictly prohibited.
- Ordering Policies. If you purchase any of Our products and/or services, you agree that your use of the product or service is limited by these terms and conditions.
- Password Restricted Areas of the Website. Areas of the Websites are password restricted to member users (“Password Protected Areas”). As a member, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Us of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.
Reservation of Rights
- We reserve the right, but do not assume the obligation, to monitor communications that occur through the Websites.
- Modification of the Service. We may modify the Websites and/or Our Services at any time with or without notice to you, and will incur no liability for doing so.
Etiquette — We ask that you respect the Websites and that your conduct when using the Websites and Our Services should be guided by common sense and basic etiquette. To further these common goals, you agree not to (a) impersonate or represent Us, (b) link to or post content not allowed on the Website, (c) solicit a user’s password or other account information, (d) use racially or ethnically offensive language, discuss or incite illegal activity, use explicit/obscene language, or solicit/post sexually explicit images and (e) violate any law.
Representations and Warranties — You represent and warrant to Us that, in your use of the Websites and/or Our Services, you (a) will comply with all applicable laws, rules, policies and regulations, and (b) you will provide correct, current, and complete billing and contact information.
Disclaimers and Exclusions
- DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEBSITES, OUR SERVICES, AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITES, OUR SERVICES, OR WEBSITE CONTENT, OR USE THEREOF (a) WILL BE UNINTERRUPTED, (b) WILL BE FREE OF INACCURACIES OR ERRORS, (c) WILL MEET YOUR REQUIREMENTS, OR (d) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OUTSIDE OF THE UNITED STATES.
- EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACTUAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE WEBSITES AND/OR OUR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY. IN NO EVENT WILL OUR LIABILITY INWE HAVE ANY LIABILITY OR BE IN ANY WAY RESPONSIBLE IN CONNECTION WITH YOUR USE OF OUR SERVICES EXCEED THE AMOUNT PAID TO US BY YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY. ANY ACTION THAT YOU TAKE UPON THE INFORMATION PROVIDED IN THIS PROGRAM IS STRICTLY TAKEN AT YOUR OWN RISK.
Indemnification — You agree to indemnify and hold Us and Our employees, representatives, agents, affiliates, directors, officers, managers, members and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand, or action (“Claim”) brought against any of the Parties arising out of or related to (a) a breach or an alleged breach of any provision of these terms and conditions, (b) any act or omission related to any training, coaching and/or consulting services you may provide or (c) any use of Our trademarks or copyrights outside of the United States. If you have to indemnify Us under this section, We will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Our express written permission.
- You may terminate your IEP School membership at any time by completing the steps to cancel your IEP School membership in the “My Account” section of IEP School. You agree that, under certain circumstances and without prior notice, We may suspend or terminate your use of the Websites and/or Our Services, including, without limitation, if We believe, in Our sole and absolute discretion, that you have breached these terms and conditions. You acknowledge and agree that all suspensions and terminations shall be made in Our sole discretion and that We shall not be liable to you or any other party for said suspension and/or termination. Any fees appropriately charged and received prior to termination will not be refunded or prorated.
- Upon termination of your IEP School membership, your Limited License is automatically revoked with respect to the Trademarks and any Website Content from IEP School, and you may not retain copies of Website Content from IEP School. We also reserve the right to revoke your Limited License for content and items outside of IEP School at our sole discretion.
Notice — All notices required or permitted to be given under these terms and conditions will be in writing and delivered to the other party by electronic mail. If you give notice to Us, you must use the following address: info@AneseCavanaugh.com. If Active Choices, Inc provides notice to you, We will use the email address provided by you to Us. All notices will be deemed received 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement. Also, you understand that this agreement and the Stewardship Program Overview may be updated from time to time without notice to you.
- These terms and conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without reference to conflict of law principles. You agree to submit to the exclusive jurisdiction of the applicable state and federal courts for the County of Placer, State of California.
- These terms and conditions are not assignable or transferable by you without Our prior written consent.
- These terms and conditions (including all of the policies described in these terms and conditions which are hereby incorporated herein by this reference, including the Stewardship Program Overview) contain the entire understanding between Us and you regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between Us and you.
- No failure or delay by Us in exercising any right, power, or privilege under these terms and conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. Any rights not expressly granted herein are reserved.
- The invalidity or unenforceability of any provision of these terms and conditions will not affect the validity or enforceability of any other provision of these terms and conditions, all of which will remain in full force and effect.
- We are not liable for any delay or failure in performance resulting directly or indirectly from causes beyond Our reasonable control, including, without limitation, failure of the Internet; power failure; failure of computer; telecommunication or other equipment; strikes; labor disputes; riots; insurrections; civil disturbances; shortage of labor or materials; fires; floods; storms; explosions; acts of God; attacks by hackers; war; governmental actions; orders of domestic or foreign courts; or non-performance of third parties.
- If you breach any of these terms and conditions, We shall be entitled to any and all remedies available to Us under the law, including, but not limited to, the reimbursement of any and all attorneys’ fees and costs incurred by Us.
- If you have questions or concerns regarding these terms and conditions you should contact Us by emailing info@AneseCavanaugh.com