TERMS AND CONDITIONS
Effective Date: April 2024
PLEASE READ THE FOLLOWING CAREFULLY.
THE FOLLOWING TERMS AND CONDITIONS OUTLINED BELOW (THIS AGREEMENT”) APPLY TO USE OF THIS WEBSITE, ALL REGISTRATIONS ONTO OUR ONLINE COURSES, AND ANY OTHER PURCHASE OF OUR CONTENT ON THIS WEBSITE. THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CLR FILMS & VENTURES LLC (REFERRED TO AS THE “COMPANY” OR “WE”) WITH RESPECT TO YOUR CURRENT AND FUTURE USE OF THIS WEBSITE AND THE RESOURCES AVAILABLE ON IT. IN THIS AGREEMENT YOU WILL BE REFERRED TO AS “YOU” OR “REGISTRANT”.
BY USING THE WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF AND AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. YOU ALSO AGREE TO THE TERMS OF OUR PRIVACY POLICY, WHICH IS LINKED HTTPS://HOWTOBUILDYOUROWNHOUSE.THINKIFIC.COM/PAGES/PRIVACY AND EXPRESSLY INCORPORATED HEREIN. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, DO NOT USE THIS WEBSITE.
1. Eligibility. You (as Registrant) must be 18 years of age or older to purchase website content, participate in any course offered on our website, or participate in any of the Community Forums. You will need sufficient fluency in the language in which the online course and other content is presented.
2. Fees.
a. Online Courses. Full payment of the enrollment fee is due before the time of registration. You can pay by credit card, debit card, Cash App Pay, Google Pay, Affirm, Afterpay, or Klarna. We will give you access to the online course when full payment is made. The enrollment fee shall cover the course registration and participation, and all other course content. We will accept payment from organizations or other third parties only if such organization or third party provides us with a valid purchase order containing acceptable payment terms and conditions; however, you are responsible for full payment prior to the commencement of the course. Any funds received on your behalf in excess of the full enrollment fee will be returned to you. The individual Registrant named shall be responsible for any non-payment, even in the event such payment is made by an organization or other third party. Use of Cash App Pay, Google Pay, Affirm, Afterpay, or Klarna may be subject to certain acceptance criteria and the terms and conditions of those products and services shall apply.
b. Other Website Content. Full payment of the price of any non-online course content is due upon purchase of the content. You can pay by credit card, debit card, Cash App Pay, Google Pay, Affirm, Afterpay, or Klarna. We will give you access to the purchased content when full payment is made. The purchase price shall cover access to the purchased content. We will accept payment from organizations or other third parties only if such organization or third party provides us with a valid purchase order containing acceptable payment terms and conditions; however, you are responsible for full payment prior to accessing purchased content. Any funds received on your behalf in excess of the full purchase price will be returned to you. The individual purchaser named shall be responsible for any non-payment, even in the event such payment is made by an organization or other third party. Use of Cash App Pay, Google Pay, Affirm, Afterpay, or Klarna may be subject to certain acceptance criteria and the terms and conditions of those products and services shall apply.
3. Refund Policy; Cancellation. The nature of the content offered by us is such that all content, including all course content, is available upon purchase. As such, once payment is made in full and you are provided access to the content, no refunds will be made and Registrants may not cancel their courses.
4. System Availability. The website and online courses are generally available 24/7, but may be down during times of maintenance required for optimum system performance. We will make every effort to inform you of system downtime in advance, but this is not always possible. It is your responsibility to ensure that you have proper hardware and software requirements, along with reliable internet access, to be able to participate in the course. You will need to ensure you have the proper technology at the time of registration. We are not responsible for any errors or failures in relation to your ability to access the online courses, the website, or any related materials, including where such errors or failures are caused by: (i) a loss of connection on your or our end; (ii) a breakdown or problems with the online software; and/or (iii) a breakdown or problems with your internet connection, computer, or system. We cannot provide support for computers that do not meet our system requirements.
5. Content.
a. Online Course Content. The course description is intended to indicate only the general nature of the course and does not guarantee content. We reserve the right to amend the course and alter details at our sole discretion.
b. Other Website Content. The description of any other purchased content is intended to indicate only the general nature of the purchased content and does not guarantee content. We reserve the right to amend the content and alter details at our sole discretion.
c. Access to Content. Once purchased, you shall have access to all website content indefinitely, unless your license is terminated in accordance with the provisions of Section 8 herein, in which case all access to website content, even content which you’ve purchased, shall be immediately prohibited.
6. Disclaimers.
a. Online Courses. THE MATERIALS PRESENTED ON THE ONLINE COURSES REPRESENT ONLY THE INSTRUCTOR’S OPINION AS TO ISSUES PRESENTED. NO ASSURANCE CAN BE GIVEN THAT THE METHODS AND TECHNIQUES DISCUSSED ARE THE MOST EFFECTIVE OR SAFEST AVAILABLE. ALTHOUGH REASONABLE STEPS HAVE BEEN TAKEN TO ENSURE THE APPLICABILITY AND PROPRIETY OF THESE MATERIALS, NEITHER WE NOR THE INSTRUCTOR CAN MAKE ANY GUARANTEES THAT THE USER WILL NOT BE SUBJECTED TO RISK OF INJURY OR LOSS, EVEN IF THE METHODS DESCRIBED HERE ARE STRICTLY ADHERED TO. BY PURCHASING AND/OR WATCHING THESE MATERIALS, YOU ASSUME ALL RISK OF INJURY OR LOSS, EVEN IF THE METHODS DESCRIBED IN THESE MATERIALS ARE STRICTLY ADHERED TO. FURTHERMORE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE INSTRUCTOR PROVIDING THE CONTENT OF THESE MATERIALS FROM ANY AND ALL INJURY, LOSS OR DAMAGE ARISING OUT OF ANY ACTION YOU MAY TAKE BASED ON THESE MATERIALS.
b. Subcontractor and Vendor Lists. WE CANNOT GUARANTEE THE RESULTS OR EFFECTIVENESS OF ANY SERVICES PROVIDED BY INDIVIDUALS AND ENTITIES PROVIDED ON OUR LIST OF SUBCONTRACTORS AND VENDORS AVAILABLE FOR PURCHASE ON THE WEBSITE, NOR CAN WE GUARANTEE OR MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO ANY PARTICULAR INDIVIDUAL’S OR ENTITY’S QUALIFICATIONS, SUITABILITY, LICENSURE, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER CRITERIA. RATHER, YOU MUST MAKE YOUR OWN DETERMINATION, BASED ON YOUR OWN RESEARCH, OF WHICH, IF ANY, INDIVIDUALS AND/OR ENTITIES YOU WOULD LIKE TO HIRE FOR YOUR PARTICULAR PROJECT, AND YOU ASSUME ALL RISK OF INJURY OR LOSS RELATED TO YOUR HIRING OF ANY INDIVIDUAL OR ENTITY PROVIDED ON OUR LIST OF SUBCONTRACTORS AND VENDORS AND ANY SERVICES WHICH THEY MAY PROVIDE. EACH AND EVERY INDIVIDUAL AND ENTITY SHALL CONDUCT THEIR OPERATIONS AND PROVIDE THEIR SERVICES IN THE MANNER THEY SEE FIT, AND WE HAVE NO OBLIGATION OR AUTHORITY TO OVERSEE THE OPERATIONS OR SERVICES OF ANY INDIVIDUAL OR ENTITY LISTED ON OUR LIST OF SUBCONTRACTORS AND VENDORS.
7. Registrant Conduct. Registration with an online course may include access to view and post on a Community Forum available on the website. You are solely responsible for any information, images, or hyperlinks that you may post, upload, email, transmit, or otherwise make available through the website. You agree to ensure that any images and/or text that you post or link to as a URL and/or a hyperlink are under your explicit control. Linking an image and/or text from another site that is not under your control could result in a violation of this Agreement. By using this website, you are warranting that you have permission to post all images or hyperlinks, even if they are subject to copyright protection. You warrant that you will not submit an image or hyperlink which depicts or directs any internet traffic to a resource or website that disparages or undermines the content provided by the Company on this website. If you submit an image or hyperlink that is later alleged to be infringing of another person’s copyright, or which is otherwise contrary to the warranties contained in this section, the Company may immediately disable your access to the website or remove the image or hyperlink which does not comply. We will comply with any lawful demands of third parties related to all copyrighted material. All rules set forth herein apply equally to posting images and hyperlinks, as well as to other forms of posting or linking. If you choose to post a URL, hyperlink, image, or any other content, you do so at your own risk. You agree not to use the website for any illegal purpose, or for any purpose which may infringe on the property rights of others. Further, You agree that You WILL NOT: (i) upload, post, email, transmit, or otherwise make available any content through the website that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) so make available through the website any content that portrays nudity or adult content; (iii) so make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information subject to nondisclosure obligations); (iv) so make available any content that infringes on any patent, copyright, trademark, trade secret, or other proprietary rights of any third party; (v) so make available any content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”; (vi) so make available any content that advertises any illegal service or the sale of any items which is prohibited under applicable law; or (vii) allow usage of the website by others in such a way as to violate this Agreement. You further understand that although the Company has no responsibility with respect to any content, we may nevertheless take whatever steps are necessary and appropriate to remove any content which, in our sole discretion, does not comply with this Agreement.
8. Intellectual Property Rights. The website was developed by and is the sole property and constitutes confidential and proprietary information of the Company. All materials, including, but not limited to, text, photographs, video, audio, images, and any other content, appearing in any online course and/or on the website are protected by copyrights and/or other proprietary rights belonging to the Company and/or other parties. You are being granted access to use the website only under this Agreement. You shall not disclose or transfer your passwords or any other method of accessing the website to any third party or to any unauthorized computers or devices. You understand that the use of any feature contained on the website or through an internet browser enabling passwords to be “remembered” or entered automatically may create breaches in password security, and you assume responsibility for and you understand and agree to take reasonably necessary steps to prevent unauthorized access or use of your data. The Company grants you a limited, revocable, nonexclusive license to use the content on the website solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the website which is not owned by you for commercial use. You agree not to copy the website or the content located on the website; to reverse engineer or break into the website; or to use content, products or services in violation of any law. Any use of the website or the content contained therein other than as specifically authorized by this Agreement, without the prior written consent of the Company, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. The Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Website.
9. Export Control Laws/U.S. Government Restricted Rights. You agree to comply with all United States and other applicable laws, rules and regulations relating to the export, re-export or transshipment of the software. Use, duplication or disclosure of the software by the United States Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR52.227-19, as applicable. This means that you are restricted from any use of the website or its functionality and from downloading or exporting any functionality from the website to certain countries and individuals as identified by U.S. Government laws, regulations, or agencies. We make no representation that materials on the website are appropriate or available for use in locations outside the United States, and accessing any such materials from areas where their contents are illegal, is prohibited.
10. Exclusion of Warranties and Limitation of Damages. THE INFORMATION, MATERIALS AND RESOURCES ON THE WEBSITE ARE PROVIDED “AS IS.” THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR UNINTERRUPTED OR CONCERNING THE SECURITY, RELIABILITY, AND TIMELINESS OF ANY RESOURCES AVAILABLE ON THE WEBSITE. THE COMPANY AND ITS AGENTS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, MULTIPLE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SAVINGS, OR OTHER SUCH DAMAGES ARISING OUT OF THE USE OF (OR IMPROPER USE OF), OR INABILITY TO USE, ANY OF THE INFORMATION OR RESOURCES AVAILABLE ON THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PERSON OR ENTITY RELATED THERETO. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT THE COMPANY’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED TO THE TOTAL COST OF THE ACTUAL PURCHASE PRICE PAID FOR THE PRODUCT(S) SUBJECT TO THE DISPUTE. THESE LIMITATIONS SHALL ALSO APPLY TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED THROUGH THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED THROUGH THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH LINKS MADE AVAILABLE THROUGH THE WEBSITE.
11. Indemnification. You will, at your sole cost and expense, assume all risk of injury or loss and will indemnify and hold the Company and its officers, directors, employees, agents, instructors, successors and assigns harmless from and against any and all claims, losses, damages, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of the terms of this Agreement, or the violation of the terms of this Agreement by any person who has access to the website through you, or any content displayed through your use of the website, or any actions you may take based on materials or resources available to you on the website.
12. Governing Law. This Agreement and any dispute arising from it, or your use of the website (including non-contractual disputes) shall be governed by and enforced pursuant to the laws of the State of Texas without regard to its conflict of laws provisions. The parties expressly consent to the personal jurisdiction of the state and federal courts lying in or having jurisdiction over Montgomery County, Texas.
13. Arbitration. The parties shall settle any controversy arising out of this Agreement by arbitration in Montgomery County, Texas in accordance with the Commercial Arbitration Rules of the American Arbitration Association. A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within twenty (20) days after the filing and service of the demand for arbitration, then the parties agree that a single arbitrator shall be appointed by the American Arbitration Association. The non-prevailing party shall pay all costs of arbitration and the attorneys’ fees of the prevailing party, and the parties shall request the arbitrator to include such provisions in the award. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction.
14. Miscellaneous. The terms of this Agreement may be amended or modified by the Company on a prospective basis at any time without prior notice to you. You may not assign your rights or delegate any of your duties under this Agreement without the Company’s prior written consent, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
https://howtobuildyourownhouse.thinkific.com/pages/privacy