Last Updated: Effective as of January 2017
Welcome to www.soundadvicebyjason.com (the “Site”). These Terms and Conditions (“Terms”) sets forth the legally binding terms for your use and access of our Site, or any Services (as defined below) provided by Sound Advice by Jason (“Company,” “we,” “us” or “our”). Company provides access to the Site, and its services offered in the Site to you, subject to the following Terms. In return for gaining access to the Site, you agree to be bound by these Terms without limitation or qualification. By using the Services, you agree to be bound by this Agreement, whether as a “visitor” or “user”.
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you: (a) are 18 years of age or older; (b) have not been previously suspended from using the Services; and (c) have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party.
To access and use certain areas or features of the Services, you may be required to register for an account. If you create an account via our Services, you agree to: (a) provide accurate, current and complete information; (b) maintain and promptly update your account information to keep it accurate, current and complete; (c) maintain the security of your account and accept all risks of unauthorized access to your account and the information you provide to us; and (d) immediately notify us if you discover or otherwise suspect any security breaches related to your account or the Services.
3. Services & Fees
Access to the Company’s training guides, live trainings, videos, and other course content is made available for purchase (the “Services”). Your payment for access to Services is subject to the following terms:
a. Price. The price for any Services will be made available via the Services page on the Site at the time of purchase.
b. Valid Payment Methods. Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to our Services. By submitting your order to purchase access to our Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order.
c. Refunds & Cancellations. Please consult our Refund Policy for information regarding refunds and cancellations of our Services. Aside from refunds given within the first 45 days of Service, all sales are final and we do not offer any refunds or cancellations.
d. Errors in Charges. In the event of an error that results in an incorrect charge, we reserve the right to correct such error and revise your order accordingly if necessary, including charging the correct price, or to cancel the order and refund any erroneous amount charged.
These Terms shall remain in full force and effect while you use the Services or are a registered user. You may terminate your registration at any time, for any reason. Company may terminate your user registration at any time, and for any reason, without warning. Even after user registration is terminated, these Terms will remain in effect.
5. Copyright Policy
Unless otherwise indicated, the Services, including all content, video and other materials on or made available via the Services, are the proprietary property of Company and its licensors and are protected by U.S. and international copyright laws. Any use, copying, redistribution and/or publication of any part of the Services, other than as authorized by these Terms or expressly authorized in writing by us, is strictly prohibited. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons, scripts, and action sheets is the proprietary property of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You do not acquire any ownership rights to any content, video and other materials on or made available via the Services, and we reserve all rights not expressly granted in these Terms.
It is the policy of Company to terminate any user’s account who infringes the copyright rights of others upon receipt of proper notification to Company by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Company Services in a way that constitutes copyright infringement, please provide us with the following information to [email protected]
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Company Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You are granted a limited, non-transferable, non-exclusive, revocable right to access and use the Services solely for your own personal purposes; provided, however, that such license is subject to these Terms and does not include the right to: (a) resell, lease, rent or sublicense any Services or any access to the Services or any content, video and other materials on or made available via the Services; (b) copy, distribute, or publicly display any Services or any content, video and other materials on or made available via the Services; (c) modify or otherwise make any derivative uses of any Services or any content, video and other materials on or made available via the Services; (d) download (other than page caching) any content, video and other materials on or made available via the Services, except as expressly permitted in connection with the Services; or (e) use the Services or any content, video and other materials on or made available via the Services other than for their intended purposes. Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Sound Advice By Jason, the Company logos, the look and feel of the Services, and any other product or service name, logo or slogan contained in the Services are trademarks (whether approved, or pending), service marks of Company or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written authorization of Company or the applicable trademark holder. Any authorized use of such trademarks, service marks and/or trade dress must be in accordance with any guidelines provided by Company.
7. No Commercial Use.
You acknowledge that certain content, videos and other materials on or made available via the Services constitute the Confidential Information of Company. “Confidential Information” refers to certain information that is marked as “Confidential” or “Proprietary” that we reasonably regard as proprietary or confidential relating to our courses, business, products, processes and techniques, including without limitation information relating to our trade secrets, business plans, strategies, methods and/or practices that are not generally known to the public and are disclosed to you pursuant to your express agreement to maintain the confidentiality of the Confidential Information.
Except as expressly allowed in these Terms, you agree to hold in confidence and not disclose any such Confidential Information except in accordance with this Agreement.
The foregoing obligations shall not apply to the extent that Confidential Information: (i) must be disclosed to comply with any requirement of law or order of a court or administrative body; (ii) is known to or in your or our possession prior to receiving the disclosure of such Confidential Information as documented by notes or records; (iii) is known or generally available to the public through no act or omission of you or us in breach of this Agreement; or (iv) is made available free of any legal restriction by a third party. The duties and requirements under this section shall survive termination of this Agreement.
You hereby agree that any unauthorized disclosure of Company’s Confidential Information may cause immediate and irreparable injury to Company and that, in the event of such breach, Company will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.
8. Content Posted By Users.
The Services may include discussion forums, blogs, profiles, or other features or areas (collectively, “Collaborative Sections”), in which you or other users create, post, transmit or store any content on the Services, such as text, photos, video or graphics (“User Content”). You agree that you are solely responsible for your User Content and for your use of the Collaborative Sections, and that you use the Collaborative Sections at your own risk.
By submitting or posting User Content, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content via the Services and any other medium. Further, you acknowledge and agree that Company may, but is not obligated to, enforce its rights in the User Content against third-party infringers. You represent and warrant that you own and control all the rights, title and interest in and to any User Content you provide or you otherwise have all necessary rights to grant the rights to Company that you grant in these Terms.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services any User Content that: (a) is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law; (c) displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Company or any user; (d) may violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent; (e) makes false or misleading statements, claims or depictions about a person, company, product or service; (f) does not clearly and prominently disclose any material connections you may have to Company or a third-party brand or seller (for example, if you receive free products or services or are a paid blogger or employee of Company or such third-party brand or seller); (g) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (h) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (i) contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; or (j) in the sole judgment of Company, restricts or inhibits any other person from using or enjoying the Services or which may expose Company or its users to any harm or liability of any type.
Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the Terms is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms.
Although Company has no obligation to screen, edit or monitor any of the User Content posted on the Services, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.
9. Prohibited Activity
You agree that you will not use the Services in violation of any law, contract or intellectual property or other third party right. You further agree not to: (a) use the Services in any manner that could damage, disable, overburden or impair the Services; (b) send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Services for the purposes of sending commercial emails; (c) use or attempt to use another’s account, or grant any third party any right to access your account, without authorization from Company; (d) circumvent measures employed to prevent or limit access to any area, content or feature of the Services; (e) develop any third-party applications that interact with User Content and the Services; (f) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; (g) introduce to the Services any virus, trojan worms, logic bombs or other harmful material; (h) engage in any harassing, intimidating, predatory or stalking conduct; or (i) “Frame” our Services or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose without the prior written permission of Company.
You are solely responsible for your interactions with other users. Company reserves the right, but has no obligation, to monitor disputes between you and other users.
10. Third-Party Content, Advertisements and Promotions
Company may provide third-party content on the Services, including without limitation, advertisements and promotional offers, and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”). Company does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation, regarding its accuracy or completeness. You acknowledge and agree that Company is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Your use of any Third-Party Content is at your own risk. The inclusion of Third-Party Content on the Services does not imply affiliation, endorsement or adoption by Company of any Third-Party Content or any information contained therein. Your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. When you leave the Services or Site, you should be aware that our terms and policies no longer govern. When you access these third-party sites, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services.
Company is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the Services, whether caused by users of the Services or by any of the hardware, software or functionality associated with or utilized in the Services. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user profile, content or communication. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, mobile device or other hardware or software, due to technical problems or traffic congestion on the internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Company be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance or participation in a Company event or promotion, from any content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline. THE COMPANY SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND DOES NOT WARRANT THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Company cannot guarantee and does not promise any specific results from use of the Company Services.
12. Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, AND CONSEQUENTIAL DAMAGES AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES TWELVE (12) MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
13. No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, Company and you only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.
Please read this Section carefully, as it requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from Company.
a. Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 8 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Company agree (a) to waive your and Company’s respective rights to have any and all Disputes arising from or related to these Terms or the Services, resolved in a court, and (b) to waive your and Company’s respective rights to a jury trial. Instead, you and Company agree to arbitrate Disputes through binding arbitration.
b. No Class Arbitrations, Class Actions or Representative Actions. You and Company agree that any Dispute arising out of or related to these Terms or the Services is personal to you and Company and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Company agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
c. Federal Arbitration Act. You and Company agree that these Terms affect interstate commerce and that the enforceability of this Section 14 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
d. Notice. You and Company agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Company shall be sent by certified mail or courier to Sound Advice by Jason, Attn: Legal, 50 S. Steele Street, Suite 870, Denver, CO 80220.
Your notice must include: (i) your name, postal address, telephone number, the email address you use or used for your Company account and, if different, an email address at which you can be contacted, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking.
Our notice to you will be sent electronically and will include: (1) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that we are seeking.
If you and Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Company may, as appropriate and in accordance with this Section 14, commence an arbitration proceeding.
e. Process. Except for Disputes arising out of or related to a violation of Section 8 or Disputes as otherwise described in Section 14.a., you and Company agree that any Dispute must be commenced or filed by you or Company within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred. You and Company agree that (a) any arbitration will occur in Denver County, Colorado, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Colorado and the United States, respectively, sitting in Denver County, Colorado, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
f. Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
g. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason
h. Severability. If any term, clause or provision of this Section 14 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 14 will remain valid and enforceable. Further, the waivers set forth in Section 14.b. are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
You agree to defend, indemnify and hold harmless Company, our independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents from and against any claims, damages, costs, liabilities and expenses, including, but not limited to, reasonable attorneys’ fees, arising out of or related to (a) your use of the Services, (b) any Feedback you provide, (c) your breach of any of these Terms, or (d) your violation of the rights of any third party.
16. Governing Law
Any dispute between the parties regarding the subject matter of these Terms will be governed by these Terms and the laws of the State of Colorado and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and Company agree that any action at law or in equity arising out of or relating to any actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property, or relating to these Terms shall be filed only in the state and federal courts located in Denver County, Colorado and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
18. Modifications to the Services
Company reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that Company will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
19. Amendment of Terms
Company reserves the right to change, add, modify, or remove these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, providing notice through the Services or updating the “Last Updated” date at the top of these Terms. Your continued use of the Services following our notice of the amended Terms will confirm your acceptance of the amended Terms. If you do not agree to the amended Terms, you may not continue accessing or using the Services.
20. Other Applicable Terms
This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a user. These Terms constitutes the entire agreement between you and Company regarding the use of the Company’s Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. These Terms and Conditions do not constitute a formal engagement between Company and any visitors of www.soundadvicebyjason.com until visitor has tendered full payment for Services.