TERMS OF SERVICE AND END USER AGREEMENT
Last Updated: January 1, 2020
Ferris Industries LLC dba Venomous Design (the “Company” or “I” or “We”) welcomes you. This is the End User Agreement (EAU) for VenomousDesign.com (the “Site”), which is operated by Ferris Industries LLC dba Venomous Design ((the “Company” or “I” or “We”). Your use of the site, venemousdesign.com, is only on the condition that you agree to abide by the following terms:
Terms of Participation.
We reserve the right to change these Terms or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms on this website. By continuing to use the Site and Materials after we post any such changes, you accept the revised Terms, as modified. If you do not agree to the modified Terms, you should discontinue your use, because your continued participation constitutes binding acceptance of the modified EUA.
Restrictions on Participation.
Do not misuse the Site or Materials or any of the content provided on the Site or Materials. We may, at our sole discretion, limit, suspend, or terminate your participation in the any of the Materials and/or Site at any time without notice. You may not interfere with the presentation or delivery of the content or try to access the Site or any Material using any method other than the interface and the instructions that we provide.
As a condition of accessing the Site, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Materials other than as expressly allowed under this EUA; (b) use our name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Site (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages or otherwise affect the display of its page; (e) use any manual process to monitor or copy any of the material on the Site or Materials or for any other unauthorized purpose; (f) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (g) otherwise interfere with or disrupt the Site, Materials or servers or networks connected to the Site or Materials, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
This Site and all the Materials and all related content, names, designs, marks, techniques and slogans, are the property of the Company, and are protected by copyright, trademark, and other intellectual property laws (“Intellectual Property”). All such Intellectual Property shall remain the property of the Company. No license to sell or distribute the Intellectual Property or any of the Company’s materials is granted or implied.
All Intellectual Property is provided solely for your personal noncommercial use. You may not use the Intellectual Property in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized, 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 Intellectual Property. You agree (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any confidential information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) not to disclose such information to any other person or use it in any manner other than in discussion with the Company.
By posting or submitting any material or communication (including, without limitation, comments, blog or newsletter entries, Facebook or other social media postings, photos, videos) to or relating to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, 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, email, text or deliver 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 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 acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to the Company from their creation. Thus, the Company shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as the Company determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to the Company all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted materials which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that the Company has the right but not the obligation to use and display any postings or contributions of any kind and that the Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or Material, or incorporate into another website or other service any of our material, content or intellectual property.
You agree that if you violate, or display any likelihood of violating, any of your agreements contained in this section relating to Intellectual Property, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
To use certain features of the Site or Materials, you will need a username and password, which you will receive through the applicable 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 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.
Course and Program Refund Policy; Nontransferable; Termination
In purchasing the right to participate in any course or program we want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the course. We offer a 30-day refund period for purchases. However, in order to qualify for a refund you must complete all the work within the course, and provide proof of your completed work via the worksheets and exercises given.
In the event that you decide your purchase was not the right decision, within 30 days of enrollment, contact our support team at firstname.lastname@example.org and let us know you’d like a refund by the 30th day at 11:59 EST. You must include your full name and email address with your request for a refund. If you request a refund and do not include your full name and email address by the 30th day, you will not be granted a refund.
All refunds are discretionary as determined by the Company. To further clarify, we will not provide refunds after the 30th day from your date of purchase and all payments must be made on a timely basis.
You agree to be financially responsible for all purchases made by you and to use the Site and Materials, and participate in any course or program for your own behalf for legitimate, non-commercial purposes only. You agree not to register or participate for speculative, false or fraudulent purposes. The right to participate in a course or program, upon payment of the registration fee, is solely the right of the registrant and is non-assignable or transferable to any third party. Notwithstanding the foregoing, all rights and obligations of the Company may be freely assigned by the Company to any third party and this EUA shall be binding upon and inure to the benefit of the Company and our successors, heirs and legal representatives.
If you purchase a course or seminar, then we reserve the right to, in our sole discretion, limit, suspend or terminate your participation in the course or seminar without refund or forgiveness of any future payment if you become disruptive to Company or participants, fail to follow the applicable guidelines, are difficult to work with, impair the participation of the other participants in the course or program or upon violation of the Terms or other applicable terms, as determined by us. You will still be liable to pay the total contract amount.
Limitation of Liability.
You agree that you are using our Materials at your own risk and that any information available on the Site, blog, any newsletter, any course or program or otherwise within or related to the Material is only an educational service being provided. You release the Company, its members, officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff and related entities any way as well as the venue where any courses or programs may be held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from use of any of the Site or any Materials (including inability to use the Site), any such content or participation in the courses or programs or any services made available in connection with or through the Site, Materials or by the Company in any way. You accept any and all risks, foreseeable or unforeseeable. You agree that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to, direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Site, Materials or services. Company assumes no responsibility for errors or omissions that may appear in the Site or any of the Materials, has no obligation to regularly update the Site or Materials and can terminate your access to the Site or Materials at any time, in its sole discretion. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user of our Site, the Materials, products or services. If you are dissatisfied with the Site, Materials or any such products or services, terms and conditions, your sole and exclusive remedy is to discontinue using the Site, Materials and the products, services and/or materials.
You shall defend, indemnify, and hold harmless Company and the Releasees from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from a breach of this EUA. You shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this EUA. You recognize and agree that all, and each, of the Releasees shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of your payment for the right to participate in any Company courses or programs, you, you heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Company and its members, subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the courses or programs may be held (if applicable) and any of its owners, executives, agents, or staff of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the courses or programs.
You agree not to disclose information you obtain from us (including course material) or from other seminar participants, our clients, advertisers, suppliers and forum members. You shall keep all such information in the strictest of confidence and shall use your best efforts to protect it against disclosure, misuse, espionage, loss and theft. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this EUA will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances or amounts do of/by you, you are responsible for any and all arbitration, attorney and other related fees.
In the event that a dispute arises between the parties for which monetary relief is inadequate and where a party may suffer irreparable harm in the absence of an appropriate remedy, the injured party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: email@example.com. This EUA shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This EUA constitutes and contains the entire agreement between the parties with respect to its subject matter, and supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. If any provision of this EUA shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this EUA and shall not affect the validity and enforceability of any remaining provisions. This EUA shall be governed by and construed in accordance with the laws of the State of Florida, United States of America.