Terms of Use:
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY.
WHEN YOU USE, ACCESS, OR PARTICIPATE IN OUR WEBSITE OR SOCIAL MEDIA PROPERTIES OR USE OR PURCHASE OUR CONTENT OR PRODUCTS, YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY (TOGETHER, “AGREEMENT”). IF YOU DO NOT AGREE WITH ALL PROVISIONS IN THE AGREEMENT, YOU MAY NOT USE, ACCESS, OR PARTICIPATE IN OUR WEBSITE OR SOCIAL MEDIA PROPERTIES OR USE OR PURCHASE OUR CONTENT OR PRODUCTS.
Spiral Path Consulting provides consulting services and educational training. When you use our website, interact with us on our social media properties, or purchase our products, intellectual property laws protect products offered in our online store (“Products”) and the content on this website or shared on our social media properties (“Content”). We either own or have permission to use all the intellectual property rights to all protectable elements in the Products and Content, including without limitation, the logo, images, trademarks, service marks, design elements, layout, graphic, information, materials, documents, data, and text. We reserve all rights not specifically granted in these Terms.
Not Intended For Children
Content and Products are intended for individuals at least 18 years of age and legally able to enter into a contract, and when you buy or use our Content or Product, you represent and warrant that you meet both requirements. We disclaim all liability for use or purchase of any Content or Products by individuals under 18 years of age. Children under 13 years of age may not use our Content or Products, and children between 13 and 18 years of age should obtain a parent’s or guardian’s permission before viewing, purchasing or using our Content and Products.
Content And Products For Personal Use Only
While we love it when you share about us, please keep in mind that our Content is protected by copyright laws and any Products purchased are for personal use only. You may (i) view and use our Content, (ii) email and share short snippets of our Content on your social media platforms of choice, with proper attribution and a link back to our site, where possible, and (iii) purchase and use our Products for personal, noncommercial use only. Selling, sharing, redistributing, licensing, or sublicensing our Content or Products to an individual, business, or third party (other than the recipient you send your purchased Product to) is prohibited. In the event you breach these Terms, you will pay us $5,000 USD, which you agree has been incorporated into these Terms as a valid pre-estimate of damages that we will sustain, which will not be capable of precise determination. You agree this is not a penalty, but rather is the agreed-upon liquidated damages suffered as a result of your using or selling our Content or Products outside of these permitted and expressly limited usage Terms.
No Warranty
While we use reasonable efforts to include accurate and up-to-date information in our Content and Products, we cannot make any representations or warranties as to the accuracy of information in either. We assume no liability or responsibility for any errors or representations in the content available in the Content and Products.
You Are Responsible For Content You Submit or Post
Please be mindful when you choose to submit, post, or otherwise share any content on our website or social media properties, as that content is public and you are responsible for your content and any liability that may result from your posted content. When you submit, post, or otherwise share content on this website or our social media properties, you do so at your own risk.
Content Guidelines
We require that any content you submit, post, or otherwise share on this website or our social media properties be respectful and posted only once. We prohibit the sharing of content that is illegal, abusive, offensive, threatening, harassing, vulgar, harmful, defamatory, obscene, or otherwise in violation of others’ rights or applicable laws, and we may delete any content, in full or in part, for violation of our content guidelines or for any other reason. However, we do not have an obligation to monitor content submitted by you or other third parties, so we cannot be responsible or liable for damages or losses arising from third party content. We do not make any representations regarding the accuracy of any third party content.
To purchase Products on our website or access certain Content we provide, you may need a username and password, which you agree to keep confidential. To the extent you provide information about yourself during the registration or checkout process for our Content or Products, you agree to provide accurate, complete, up-to-date information about yourself, and that information will be used and protected under our Privacy Policy. If we believe you have provided false information or otherwise violated our content guidelines, we may terminate or suspend your account, cancel unfulfilled orders, and refuse to grant access to our Content or Products, without refund.
Permission to Use Content You Submit Or Post
In the event you choose to submit or post any content on our website or social media properties or tag us in posts you share on your social media profiles (e.g., comments, photos, videos, other feedback or written content), you represent and warrant that you own or have permission to share that content. We will not claim ownership rights in that content; however, you grant us a nonexclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, copy, publish, distribute, and publicly perform that content, in whole or in part, and your name and likeness in connection with that content, in any medium or manner currently known or later developed, for any purpose, including promotion of our Products and Content and other commercial purposes.
Disclaimers
THE CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE CONTENT AND PRODUCTS AND WE DO NOT WARRANT THAT THE CONTENT OR PRODUCTS OR ANY OF THEIR FUNCTIONS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS INCLUDED IN THE PRODUCTS, DELAYS OR FAILURES IN DELIVERY OF THE CONTENT OR PRODUCTS, OR ANY OTHER RESULTING DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM VIRUS ATTACKS, INTERNET CONGESTION, AND DENIAL OF SERVICE ATTACKS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS WE HAVE PROVIDED TO YOU SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT YOU HAVE PAID TO US FOR THE PRODUCTS DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. IF YOUR USE OF THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU, RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL DIRECT AND RELATED COSTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO DEPENDING ON YOUR STATE OF RESIDENCE, ALL OR A PORTION OF THIS PROVISION MAY NOT APPLY.
Indemnification
You agree to defend, indemnify, and hold harmless our company and its owners, directors, officers, shareholders, managers, members, past and present employees, contractors, volunteers, representatives, agents, affiliates, successors, and assigns (collectively, “Releasees”) from and against all actions, suits, claims, losses, liability, costs, and expenses, including attorney fees (collectively, “Claims”) arising out of or in connection with: (i) your viewing, purchase, use, or participation in the Content and Products; (ii) any content you submit to our website or social media properties or tag us in on your social media profiles, or (iii) your violation of these Terms. This provision shall apply regardless of Releasees’ negligence, if any.
Content and Product Availability; Delivery; Force Majeure
We do our best to ensure uninterrupted, error-free availability and delivery of the Content and Products. However, we cannot guarantee your access will never be suspended or restricted due to circumstances outside our control and because we occasionally need to make repairs, maintenance, or updates to our Content, Products and website.
We shall not be liable to you for any delay or failure by us to perform our obligations under these Terms if that delay or failure arises from any cause beyond our reasonable control, including, without limitation, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any obligation under these Terms.
Third-Party Links
The Content and Products may contain links to other sites on the internet that are owned and operated by third-parties (“External Sites”). We have no control over those External Sites and are not responsible for the availability of or materials provided on or through those External SItes. We recommend you research independently all recommended resources, and you agree to assume all responsibility for your decision to enter into any transaction or other relationship with those third parties.
Protecting Personal Information
Protecting your personal information is important to us, which is why we have implemented and strive to maintain reasonable, commercially acceptable safeguards appropriate to the nature of the information we collect, use, and store. However, no website, internet transmission, method of electronic storage, or security system is completely secure. Any transmission of personal information is at your own risk. Therefore, we urge you to take appropriate steps to keep your personal information safe, such as choosing not to send personal information through insecure email and closing your browser when finished buying, downloading, using, or participating in our Content, Products or those of any other website on a shared device or unsecured network. Please read our Privacy Policy to learn more about how we collect, use, share, and protect your personal information.
Prohibited Actions
Protecting others’ personal information is equally important to us. You shall not transmit to us or upload to our website any Harmful Code or use or misappropriate the data on our website or in our Content or Products for your own commercial gain. “Harmful Code” includes, without limitation, any software (e.g., viruses, trojan horses, worms, time bombs, time locks, drop dead devices, traps, access codes, cancelbots, or trap door devices that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on exceeding a number of copies, exceeding a number of users, passage of a period of time, advancement to a particular date or other numeral, use of a certain feature, or any other event; or (b) would enable an unauthorized person to cause that result; or (c) would enable an unauthorized person to access another person’s information without that other person’s permission. We may refuse access to our website, Content and Products without notice if you fail to comply with these Terms.
Content and Products Intended for Use Within United States
We control and provide the Content and Products from the State of North Carolina within the United States, and we do not represent or warrant that the Content or Products will be available in locations outside the United States. If you choose to access or use the Content or Products from outside the State of North Carolina within the United States, you agree to assume full liability for compliance with any applicable local laws.
Governing Law; Location for Disputes
These Terms and any disputes arising out of or in connection with these Terms or the Content or Products shall be governed by and construed in accordance with the laws of the State of North Carolina without regard for its conflict of law provisions. Any matter involving interpretation or enforcement of these Terms shall be brought in the state or federal courts in Buncombe County, North Carolina. By purchasing, using, viewing or participating in the Products, Content and our website, you hereby accept the exclusive jurisdiction of those courts. We shall be entitled to recover our attorneys’ fees and costs in enforcing our rights under these Terms in the event of a violation of our intellectual property rights or other breach of these Terms, whether we choose to enforce our rights through negotiation, mediation, arbitration, or litigation.
Notices
Any notices to you regarding these Terms and the Products will be provided by email using the contact information provided by you when you last purchased the Products. Notice will be deemed given one (1) business day after email transmission from us, or two (2) business days after the date of posting on our website or elsewhere, as may be appropriate under the circumstances or otherwise required by law.
If you have any questions about our Products, Content, or any of our terms or policies, including these Terms, please email team@spiralpathconsulting.org and include the name of the terms, policy, product, or services in the subject line.
Waiver
Failure by either party to enforce any provision in these Terms is not a waiver of future enforcement of that or any other provision. The waiver of any breach of these Terms is not effective unless in a written agreement signed by the waiving party and is not a waiver of any other or subsequent breach.
Updates to Terms of Use
We will update these Terms occasionally to reflect changes in the law, our Content and Products, our practices, and advances in technology. When we post those changes, we will revise the “Last Updated” date at the top of these Terms. If we make any material changes to these Terms, we will take reasonable steps to notify you or obtain your consent, which could include notifications through our website, via email, or as otherwise may be required by law. Please review any changes carefully. Any access or use, including your continued use, of the Content, Products or our website by you after we have posted the updated version of these Terms will mean you consent to and accept those changes. If you do not consent to any changes, you may cease using and viewing our Content and Products and contact us to request deletion of your personal information.
Severability; Entire Agreement
In the event that any portion of these Terms is declared invalid, illegal, or unenforceable for any reason, the remaining portions of these Terms shall remain in full force and effect. These Terms together with our Privacy Policy, are the exclusive agreement between us with respect to this subject matter and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to this subject matter. There are no conditions precedent to the effectiveness of these Terms other than those expressly stated in these Terms. The provisions of these Terms may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealing. In entering into these Terms, neither party has relied upon any representation, warranty, or agreement of the other party except for those expressly contained in these Terms.
Tell Us How We’re Doing
Please send any questions or feedback about our Content, Products, or anything in these Terms via email or mail to:
Spiral Path Consulting
10 Dawson Pl
Asheville, NC 28803
team@spiralpathconsulting.org