These terms and conditions govern the way in which Awakening Your Mastery, Inc (“AYM”, “we” or “us”) supplies products to you, including any e-Learning courses. Please read these terms and conditions (“Terms & Conditions” or “Terms” or “T&Cs”) carefully before you submit your order to us. All rights not expressly granted in these terms are hereby reserved. You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.
- Introduction The following terms govern all use of the AYM website platform (the “Platform”), including any use or viewing of any content, services and products available at or through the Platform (collectively, “Services”), by Platform visitors and participants (collectively, “Users”), both unregistered and registered (“Registered Users”). The Services are offered to each User subject to such User’s acceptance of all of these Terms & Conditions, operating rules, policies and procedures that are communicated from time to time on or through the Platform by eLearning Industry. These Terms apply in full force and effect to your use of this Platform and by using this Platform, you expressly accept all terms and conditions contained herein in full. You must not use this Platform, if you have any objection to any of these Terms And Conditions. This Platform is not intended for use by minors (defined as those who are not at least 18 years of age), therefore you must not use this Platform if you are a minor.
- Intellectual Property Rights All rights, title and interest in intellectual property rights relating to the content including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by AYM. While you may utilize the intellectual property, you understand that there shall be no transfer of ownership of the same. Nothing that you see or read on this Platform may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use. Other than content you own, which you may have opted to include on this Platform, under these Terms, AYM and/or its licensors shall own all rights to the intellectual property and material contained on this Platform, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms. All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorized use is prohibited.
- User Contributions The Platform may contain message boards, forums, bulletin boards, the ability for users to link or copy the Licensed Content or materials, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (collectively, “post”) Licensed Content or materials (collectively, “User Contributions”) on or through the Platform. Any User Contribution you post on or through the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Platform, you grant AYM, and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to AYM and our licensees, successors and assigns and all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not AYM, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. AYM is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other users of the Platform.
- Access to Materials The starting date of your access to our content is deemed to be the date of purchase. We will attempt to contact you 1 month prior to the expiry date to inform you of this. It is the responsibility of the User to ensure that all course content has been completed within the allocated time period. If you do not think this will be possible, extensions of time are available for purchase at an additional cost. We will take all commercially reasonable steps to provide you with uninterrupted access to our products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money. Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to our Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate. Where your access to our products is restricted for any of the above reasons, we may provide you with a free extension of time at our sole discretion.
- Prohibited Uses
You may use the Platform only for lawful educational and academic purposes and in accordance with these Terms. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material in a manner which/that does not comply with its intended educational use set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate AYM, a AYM employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm AYM or users of the Platform or expose them to liability.
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other user’s authorized use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
- Pricing & Payment We use third party payment providers, which collect funds immediately upon the point of purchase. You agree to provide payment for the products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that we must receive your payment in full before providing you with access to AYM products or services. Your payment includes the licensing of the products for a limited period of time that is appropriate for the eLearning content, workshop, or other services available on this Platform. We are unable to provide a refund if you fail to attend, access or complete content within the allocated time except at our absolute and sole discretion. We reserve our right to review and change the pricing of any of our products or services at any time as we see fit.
- Cancellation Policy
Where products are delivered to you immediately, you will not have the right to change your mind. In other cases, you may change your mind within fourteen (14) days of purchase, so long as materials have not been provided to you, downloaded, streamed or otherwise accessed or attended. If you do wish to cancel, please contact us via email.
It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any eLearning content. We are unable to provide refunds where your access to our products are inhibited due to insufficient system requirements.
We may restrict your access to our content if you breach these terms, including without limitation:
- A failure to make any payment due to us.
- Failure to provide accurate information that is necessary for us to provide the Products to you.
- In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to our content will be restricted.
- Directory listings
All Users can access listings that are included in a Directory where they can find, compare and review practitioners and educators within our Platform. The Directory tool on the Platform operates as an automated search engine, allowing Users to locate professionals using specific categories, locations, tags and/or other available criteria.
The Directory listings may include links to third party websites which include Content for which AYM has no control or liability.
Registered Users can list their business in the Directory by applying for an elevated membership to the Platform and undergoing a strict vetting process to ensure they meet AYM standards for inclusion on our Platform.
By submitting Content for a Directory listing, in addition to any other representations made by the User, the submitting User declares that:
- such User acknowledges that the User’s products/services will be subject to review from other Users and, based on those reviews, a rating shall be generated that will be visible to all Users.
- such User warrants that any links to another website will direct Users to lawful Content and/or transactions, for which the Registered Users or third party will bear full responsibility and liability.
- Registered Users can delete their Directory listing, at any time without notice.
Registered Users can submit a review of Platform content including practitioner listings that appear in the Directory.
In order to ensure the validity and truth of the reviews, the following shall apply:
- Portions of the Registered User’s Profile User data shall be visible to the public along with its review. The User can determine which data will be visible. AYM shall extract automatically the ratings provided by the Registered Users based on the information provided in the reviews by Users and the Platform disclaims and is not liable for any inaccuracy and/or fault of the ratings.
- Events The Platform operates an Event listing section. Authorized Registered Users can publish Events that are relevant to our mission statement, (including for example scheduled conferences, workshops, Meetup events, seminars, symposiums, and podcasts) in the Events section, subject to approval. Registered Users who are interested in uploading an Event can apply for elevated membership privileges or notify AYM of upcoming events we may wish to include on our events calendar. All Users can access information about Events and browse Events by category and/or other available criteria. Registered Users sponsoring Events are responsible for the lawfulness of the Events and of the accuracy and truth of all information provided. The Platform shall in no manner be responsible or liable for the availability of any tickets and/or seats and/or venues for any Event, including if the Event is cancelled and/or rescheduled. Events may include links to third party websites which include Content for which AYM has no control or liability. Where links are provided to third party websites, Users are redirected directly to that third party’s website and content, outside of the Platform’s environment and hosting services. Registered User must comply with all AYM Terms and Conditions In order to post an Event as well as any specific guidelines provided from the Platform at the point of submission of the Event. Registered Users can delete their Events listing, at any time by contacting AYM support.
- Newsletters Users may subscribe to the Platform’s newsletter which is sent periodically at AYM’s discretion. Newsletters may include exclusive AYM member content, upcoming events, featured directory listings or relevant news articles. Subscription to the newsletter is effective when the subscribing User activates the subscription link, they receive via email after requesting to subscribe. To subscribe to the newsletter database, a User is required to provide a name and e-mail address. Users can unsubscribe from the newsletter at any time, by clicking the “unsubscribe” link included at the bottom of each Newsletter. Articles in the newsletter may include links to third party websites and Content, for which AYM has no control or liability.
- No warranties This Platform is provided “as is,” with any faults, restrictions or imperfections and AYM makes no express or implied representations or warranties, of any kind related to this Platform or the materials contained on this Platform. Additionally, nothing contained on this Platform shall be construed as providing consult or advice to you.
- Limitation of liability In no event shall AYM, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Platform, whether such liability is under contract, tort or otherwise, and Awakening Your Mastery, Inc., including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Platform.
- Indemnification You hereby indemnify to the fullest extent Awakening Your Mastery, Inc. from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
- Severability If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
- Variation of Terms AYM is permitted to revise these Terms at any time as it sees fit, and by using this Platform you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Platform.
- Assignment AYM shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
- Entire Agreement These Terms, including any legal notices and disclaimers contained on this Platform, constitute the entire agreement between AYM and you in relation to your use of this Platform, and supersede all prior agreements and understandings with respect to the same.
- Governing Law & Jurisdiction These Terms will be governed by and construed in accordance with the laws of the State of Idaho, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Idaho for the resolution of any disputes.