Introduction
Our websites (the “Sites”), including kwcontent.com or strongbrandsocial.com, provide the end user (“You”) with access to our products, programs, workshops, seminars, educational resources, and other materials or content (both downloadable and non-downloadable) related thereto (“Content”). Both the Sites and the Content are owned and operated by Social Skills LLC (“Company,” “we,” or “us”). By using the Sites or the Content, you consent to be bound by these Terms & Conditions (“Terms”), our Privacy Policy, and any additional terms and conditions we determine, at our discretion, to govern your use of the Sites and the Content. These Terms will be applied fully and, by using or accessing the Sites or Content, you understand, agree, and accept all terms and conditions written herein. You must not use our Sites or Content if you disagree with any of these terms and conditions.
We reserve the right to change these Terms or to impose new conditions on use of the Sites, from time to time, in which case we will post the revised Terms on the Sites. By continuing to use the Site after we post any such changes, you accept the Terms, as modified.
General
This website (the “Site”) is owned and operated by “Social Skills LLC.” (“COMPANY,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Social Skills LLC. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You.
The Sites and all Content available on the Sites are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You are granted a non-transferable, non-exclusive, limited right to access and use the Sites and Content for your personal, non-commercial use only. You may not use the Sites or the Content available on the Sites in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the Content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Restrictions on Commercial Use:
Users are expressly prohibited from using the S3 System or any of its components in direct service provision to clients unless such use is explicitly authorized by us in writing. This includes, but is not limited to, the application of any methodologies, tools, strategies, or proprietary information encompassed by the S3 System in client consultations, workshops, training sessions, or other professional engagements. Unauthorized commercial use of these materials will be considered a breach of these Terms and may result in legal action, termination of access, and other penalties.
Enforcement of Terms:
In the event that you sell a similar or competing product or infringe upon our intellectual property rights, we reserve the right to cease your access to the Sites and Content immediately and permanently.
We reserve the right to monitor compliance with these terms at our discretion and conduct audits or require declarations from users to ensure adherence. Violations of these terms, especially unauthorized use of course content for client work, may result in immediate termination of access and potential legal action.
Your License to Us.
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to the Sites or to us directly (or indirectly), you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate. You retain copyright ownership of your original works as submitted. We do not claim any ownership rights to your original content. However, by posting or submitting your content, you allow us the right to use your content for any purpose, in perpetuity, across any media.
You acknowledge that Company has the right, but not the obligation, to use and display any postings or contributions of any kind and that Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
LIMITATIONS ON LINKING AND FRAMING
You may establish a hypertext link to the Sites so long as the link does not state or imply any sponsorship of your site by us or by the Sites. However, you may not, without our prior written permission, frame or inline link any Content, or incorporate into another website or other service any Content or our other material or intellectual property.
DISCLAIMERS
Throughout the Sites, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Company. Neither Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any such content. Furthermore, Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized representative of Company while acting in their capacity as the same.
THE INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ANY CONTENT, OFFERED ON OR THROUGH THE SITES AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE AND PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITES, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE THE SITES AVAILABLE, ARE FREE OF VIRUSES, MALEWARE, OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR CONTENT ON THE SITES OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
INDEMNIFICATION
You agree at all times to defend, indemnify, and hold harmless Company its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth in these Terms. This indemnification obligation covers claims resulting from your use or misuse of the Sites, your breach of these Terms, or your violation of any law or the rights of a third party.
EARNINGS DISCLAIMER
Any earnings or income statements or examples shown through our Sites or Content are only estimates or examples of what might be possible now or in the future. Company makes no assurance, either express or implied, as to any particular financial outcome based on your use of our Sites or Content. You agree that Company is not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Sites or Content. You are solely responsible for your results. Examples and outcomes shown are exceptional results and are not intended to guarantee, promise, represent, or assure that similar results will be achieved by all users.
TESTIMONIALS
Company may present testimonials and insights about other people’s experiences with our Sites for purposes of illustration only. The testimonials, examples, and photos used are of actual clients. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials are for illustrative purposes only.
PURCHASES AND ONLINE COMMERCE
If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for the Content, or other program, product, or service, that you wish to purchase without any additional authorization, for which you will receive an electronic receipt.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Content will not continue and we reserve the right to cease your access immediately and permanently.
All information obtained during your purchase or transaction for our Content , and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase Content for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Since we have a clear and explicit Refund Policy in these Terms that you have agreed to prior to completing the purchase of any of our Content , we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In case of any payment discrepancies or disputes, please contact us first to resolve the issue amicably before resorting to a chargeback, which may affect your credit history. In the event that a chargeback is placed on your purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Content (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the Merchant and their payment processing company as well. Your participation, correspondence, or business dealings with any affiliate, individual or company on or through our Content , and all purchase terms, conditions, representations or warranties associated with payment, refunds, or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices or policies that are different from ours. We have no responsibility or liability for any practices or policies independent of our own policies or practices. In addition, when you make certain purchases through our Content , you may be subject to additional terms and conditions of a payment processing company, Merchant, or Company. These additional terms and conditions may specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Sites or our Content.
REFUND POLICY
Only digital products marked with a 14-day refund policy are eligible for refunds under this policy. Physical products and some digital services may have different return or refund policies, which will be clearly stated at the time of purchase.
INTERACTIVE FEATURES
The Sites may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Sites, or sent via any email services on the Sites, lies with you – you alone are responsible for any material you post or send. We do not control any messages, information, or files that you or others may provide through the Site and other terms herein may govern those as well.
It is a condition of your use of the Sites that you do not:
Restrict or inhibit any other user from using and enjoying the Sites.
Use the Sites to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Sites or their features, including any Content, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Sites.
Use the Sites to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Sites, or any account, computer system, or network connected to this Sites, by means such as hacking, password mining, or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.
Use the Sites to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, national or international law.
Use the Sites to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
Use the Sites to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Sites.
Company may host message boards, chats and other public forums on its Sites. Any user failing to comply with these Terms or Company’s other rules or policies for these forums may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Company or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Company staff, Company’s outside contributors, or by users not connected with Company, some of whom may employ anonymous user names. Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Company or any of its subsidiaries or affiliates.
Company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
REGISTRATION
To access certain features of the Sites, we may ask you to provide certain demographic information including your gender, year of birth, zip code, and country. In addition, if you elect to sign-up for a particular feature of the Sites, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account, without recourse, and refuse any and all current or future use of the Sites (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
PASSWORDS
If you need a username and password to use certain features of the Sites, you will receive a username and password through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit and logout from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, INCLUDING ANY CONTENT, MATERIALS, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITES, ANY CONTENT OR MATERIALS ON THE SITES, OR WITH ANY OF THE SITES’ TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE CONTENT OR MATERIALS. Third-party sites may have their own terms and privacy policies, which we strongly advise you to review. We are not responsible for the content or practices of these sites.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.
TERMINATION
We may cancel or terminate your right to use the Sites or any part of the Sites at any time without notice. Reasons for termination may include, but are not limited to, breach of these Terms, illegal or unethical use of the Sites or Content, or behavior detrimental to other users. In the event of cancellation or termination, you are no longer authorized to access the part of the Sites affected by such cancellation or termination. The restrictions imposed on you with respect to any Content you receive or obtain, for example, by downloading or printing from the Sites, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
OTHER
These Terms shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither these Terms nor any rights hereunder may be assigned without the prior written consent of Company. Notwithstanding the foregoing, all rights and obligations under these Terms may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.
These Terms shall be governed by and construed in accordance with the laws of the state of Vermont and any disputes shall be subject to adjudication in Burlington, Vermont. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
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