Terms of Use

Acceptance of Terms and Conditions

Welcome to Graceful Spaces. The following Terms and Conditions, which include our Privacy Policy, apply when you view or use the web site graceful-spaces.com and all websites associated with the graceful-spaces.com domain (our “Site”), whether as a guest or as a registered user. These Terms and Conditions also govern the supply of any of the products listed on our Site to you, including all features and functionalities, instant streaming, our website and user interfaces, and all content associated therewith (the “Products and Services”). By using, visiting, or browsing the Site, or by ordering any of our Products and Services, you accept and agree to be bound by these Terms and Conditions.

Changes to Terms and Conditions

Graceful Spaces, LLC (the “Company” or “we”) reserves the right, from time to time, with or without notice to you, to change these Terms and Conditions, including the Privacy Policy, in our sole and absolute discretion. It is your sole responsibility to check the Site from time to time to view any such changes to these Terms. You will be deemed to have accepted such changes by continuing to use the Site. The most current version of these Terms and Conditions can be reviewed by visiting our website and clicking on “Terms and Conditions” located at the bottom of the pages of the Site. The most current version of the Terms and Conditions will supersede all previous versions.

Information about Us

Our Site is a web site operated by Graceful Spaces, LLC, 407 Highland Village Dr. Lakeway, Texas 78738 (under the trading name of Graceful Spaces). If you would like information on how to contact us, click Contact.

Accessing Our Site

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site. We have the right to terminate your access to the Site if we determine that you have failed to comply with any of the provisions of these Terms and Conditions. You are solely responsible for keeping confidential any password you may be granted to access our Site. We advise you not to share your password, payment methods or any other information associated with our Site or your account with anyone.

Use of Our Site

By accessing our Site you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on the use of the service or content therein. In addition, the following restrictions apply to your use of our Site:

(a) You shall not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Site;

(b) You shall not interfere with the servers or networks connected to any portions of our Site or violate any of the procedures, policies or regulations of networks connected to our Site;

(c) You shall not impersonate any other person while using our Site, conduct yourself in a vulgar or offensive manner while using our Site, or use our Site for any unlawful purpose;

(d) You shall not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site;

(e) You shall not use our Site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(f) You shall not use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with all relevant provisions of these Terms and Conditions;

(g) You shall not use our Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or

(h) You shall not use our Site to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack our Site (via a denial-of-service attack or a distributed denial-of-service attack); or otherwise adversely affect the operation of any computer software or hardware.

Use of Our Streaming Service

We provide streaming Products and Services and non-streaming digital downloads over the internet to certain devices (streaming and non-streaming digital downloads are hereinafter collectively referred to as “Streaming Service”). Currently, Streaming Service is only available on computers and certain iPad® devices. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate Streaming Service. Any description of how Streaming Service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to Streaming Service and often these adjustments are not completely captured within these Terms and Conditions.

(a) Availability of Streaming Service:

The availability of Streaming Service will change from time to time, and from country to country. The quality of Streaming Services may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. We will stream a small amount of data to your device as a buffer each time you start Streaming Service. Frequently starting and stopping Streaming Service will result in a minor increase in the amount of data the Company streams to you per hour. You are responsible for ensuring that you have internet access and for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges. The Company makes no representations or warranties about the quality of Streaming Service.

Streaming Service may be unavailable to you from time to time in connection with maintenance or for other technical or non-technical reasons, and, as a result, without prior notice to you, some or all Products or Services ordinarily available via Streaming Service may cease to be available.

(b) Initiation of Streaming Service:

The amount of time it takes to initiate Streaming Service on a device will vary based on a number of factors, including your location, available bandwidth at the time, the particular Product or Service you have selected and the configuration of your device. In addition, you must be connected to the internet throughout the period in which you are accessing Streaming Service.

You may access Streaming Service only in geographic locations where we offer Streaming Service. In addition, the content that may be available to watch may vary by geographic location.

(d) Software for Accessing Streaming Service:

Streaming service software is licensed to the company and is designed to enable the streaming of content from the company to certain devices. This software is licensed to you by the company pursuant to these terms and conditions and solely for the purpose of using streaming service and for no other purpose whatsoever. We do not warrant the performance of this software, including its continuing compatibility with our service. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or create derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and the company reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Streaming Service through such software at any time, without prior or any notice.

By using streaming service, you acknowledge and agree to receive, without further notice or prompting, updated versions of the software related to the streaming service. If you do not accept the foregoing terms, do not use the streaming service. We do not warrant that any of the software used and or licensed in connection with streaming service will be compatible with other third party software nor do we warrant that operation of streaming service and the associated software will not damage or disrupt other software or hardware. In addition, we do not take responsibility or otherwise warrant the performance of devices used in connection with streaming service, including the continuing compatibility of the device with our service. By using streaming service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with streaming service. Any issues related to streaming service, including any system requirements, are covered and limited by these terms and conditions.

(e) Inactivity and Deactivation

We reserve the right to deactivate a user profile after 90 days of inactivity, but you are permitted to request access be restored by emailing [email protected]. Should streaming services become inactive due to hosting, Graceful Spaces agrees to make efforts to make available any purchased video by other means such as download or other electronic transfer.

We do not take responsibility or otherwise warrant the performance of third-party providers such as the services of Thinkific or Facebook.

User-Created Content

We permit you to post or send us comments, information, ideas, concepts, reviews, or techniques and other material relating to Products and Services (each a “Response”).

(a) Restrictions on Response Content

You are not permitted to post Responses that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, other personal information; misleading information regarding the origin of the Response; or a discussion of the Company’s policies or services. We do not regularly review the Responses posted on our Site; however, we reserve the right to reject, remove or edit any such Responses at any time without notice to you. You understand and agree that we may, but are not obligated to, review Responses and may delete or remove them (without notice to you) in our sole and absolute discretion, for any reason or no reason. In addition, we may use Responses for the purposes set forth under the “Use of Responses: License Grant” section below.

(b) Use of Responses: License Grant

The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each a “Response”), without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site or the Products and Services. Furthermore, by posting any Response on our site, submitting a Response to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Response submitted in any media, software or technology of any kind now existing or developed in the future.

By submitting a response, you understand and agree that you are consenting to the release of all information provided in your response, including your rating of a product or service, to a public forum, including other users of our site. If you do not want your responses to be shared in a public forum, do not use the response feature on our site.

Privacy

Please review our Privacy Policy, which also governs your visit to, and any orders from, our Site, to understand our practices in relation to any personal information you provide.

Consent to Cross-border Transfers

You acknowledge that the data collected via our Site will be stored in servers located within the United States. Further, you acknowledge that your personal information may, at times, be accessible by individuals that may be located worldwide including in countries that may have not been determined to provide the same level of data protection as in your country. By providing us with your personal information, you agree and consent to our use of such data and/or personal information in accordance with our Site privacy policy, including, without limitation, the transfer of your personal information across international boundaries.

Linking to and Links from Our Site

Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have not reviewed the content of those web sites and have no control over the content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible for and do not endorse or warrant any materials, information, goods or services available through any linked websites. These third party web sites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. By ordering any of our Products and Services, you also acknowledge you have read, accept and agree to be bound by the End User License Agreement of our third-party provider.

Grant of Limited License to Use the Products and Services

Unless otherwise specified, the Products and Services, including any content viewed through our Streaming Service, are for your personal and non-commercial use only and we grant you a limited, non-exclusive, non-transferable, license for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Site, without our express written consent. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on our Products and Services. Any unauthorized use of the Streaming Service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.

Ordering Products or Services

(a) Restrictions on Purchases of Products and Services

(i) Restrictions on Geographic Availability

Some restrictions are placed on the extent to which we accept orders for Products or Services from specific countries. These restrictions can be found on the Frequently Asked Questions page of our Site. Please review our Frequently Asked Questions pages on our Site, as relevant, before ordering Products and Services from us.

(ii) Restrictions on Age of Purchaser

You must be 18 years of age or older to place an order on our Site. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. Individuals under the age of 18 may only place an order on our Site with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

(b) Product Orders for Shipment

When you place an order to purchase a Product from our Site, we will send you a confirmatory email that will contain details of the Product(s) you have ordered along with any delivery charges.

You must check that the details in the confirmatory email are correct as soon as possible and should print out and keep a copy of it for your records.

Your order will represent an offer to us to purchase the relevant Product(s) which will be accepted by us when we dispatch the Product(s) ordered from our headquarters in Texas, USA, to you.

We will confirm that the Product(s) (other than downloads and Streaming Service) have been dispatched to you by sending you an e-mail confirmation (a “Shipping Confirmation”). This Shipping Confirmation will be evidence that we dispatched the Product(s) to you, and that the contract between us (the “Contract”) has been formed. The Contract shall be deemed to include these Terms and Conditions.

In the event that we are unable to fulfill your total order in one shipment (for example if one of the Products you have ordered are out of stock), any Product(s) on the same order which we have not confirmed in the Shipping Confirmation to have been dispatched will not form part of that Contract. We will not be obliged to supply any such Product(s) which may have been part of your order until the dispatch of such Product(s) has been confirmed in a separate Shipping Confirmation.

When you place an order to purchase any downloadable Products or Services, we will send you a confirmatory email that will contain details of what you have ordered, any delivery charges, as well as details regarding how you can download them. When you are purchasing a downloadable or streaming Product or Service, the Contract between us relating to such downloads or streaming Products or Services will only be formed once we make those Products and Services available for you to download from our servers.

(d) Import Duty

Orders may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order, and please refer to the Frequently Asked Questions Page of our Site for further information.

Please also note that it is your responsibility to understand and comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

(e) Risk and Title

The risk of loss or damage to Product(s) passes to you on delivery of the Product(s).

Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including postage and packing charges.

(f) Pricing

The price of any Product(s) will be as quoted on our Site from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders for which we have already sent you a Shipping Confirmation (or confirmation email in relation to downloads).

Our Site contains a large number of Products and Services and it is always possible that, despite our best efforts, some of the Products and Services listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch and distribution procedures so that, where a Product’s or Service’s correct price is less than our stated price, we will charge the lower amount when dispatching or distributing such Product or Service to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. In such circumstances, we are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as incorrect pricing.

(g) Payment and Refunds

Payment for all Products and Services must be by credit or debit card. We accept payment with American Express, Visa, MasterCard and Discover. We will not charge your credit or debit card until we dispatch your order.

Refunds for video courses are available up to 30 days from the date of purchase. To request a refund you may contact us at [email protected]

Intellectual Property

Trademarks.

The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of Company, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Company or such third party that may own the displayed Trademarks.

Site Contents and Copyright.

The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, the Products Services available through our Site and their arrangement on this Site (“Company Intellectual Property”) are all subject to patent, copyright, trademark and other intellectual property protection. Company Intellectual Property may not be copied for commercial use or distribution, nor may Company Intellectual Property be modified, processed, or reposted to other websites for commercial purposes without our written permission. Access is granted to this Site solely for your use of Company services for personal entertainment, information, education and communication with the Company. You may download copy or print the content of this Site for your personal non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. All such rights in Company Intellectual Property not expressly granted in by the Company are reserved. You are not permitted to modify the paper or digital copies of Company Intellectual Property, or to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

If you print off, copy, download or otherwise use any part of our Site or our Products or Services in breach of these terms of use, your right to use our Site and such Products and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Graceful Spaces Products and Services are provided for your personal use only. You agree not to resell, copy, or redistribute Graceful Spaces’ materials, nor may you use it for any commercial purpose.

If you order downloadable or streaming Products or Services, you agree that any Graceful Spaces’ encrypted watermarks are reasonable means to detect misappropriation of its course materials which are protected by copyright and trademark law. You agree that removal of such watermarks would violate the terms of this contract.

Copyrights and Digital Millennium Copyright Agents.

Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent can be reached at: 407 Highland Village Dr., Lakeway, TX 78738 or via email at [email protected].

DMCA Infringement Notification.

To be effective, your infringement notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;

5. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and

6. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

1. We will remove or disable access to the content that is alleged to be infringing;

2. We will forward the written notification to the alleged infringer; and

3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

DMCA Infringement Counter Notification

Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Company, the alleged infringer will have the opportunity to respond to Company with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Company’s designated copyright agent, and must include the following:

1. A physical or electronic signature of the subscriber;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;” and

4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.

Our Liability

Commentary, testimonials, reviews, and other materials posted on our Site along with the Products and Services themselves are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

Our liability for losses you suffer as a result of us breaching this agreement, including deliberate breaches, is strictly limited to the purchase price of the Product you purchased.

(a) Disclaimers of Warranties and Limitations on Liability

THIS SITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD-PARTY PROVIDERS THAT DEPLOY COOKIES IN CONNECTION WITH THEIR SERVICES. BY USING THE SITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY DEVICE USED TO ACCESS OUR SITE(S). EXCEPT AS OTHERWISE PROVIDED ON OUR SITE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE STREAMING SERVICE, OUR SITE, AND ALL AND SOFTWARE ASSOCIATED THEREWITH. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF STREAMING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT THE COMPANY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF STREAMING SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. THE COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF DEVICES IN CONNECTION WITH STREAMING SERVICE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH STREAMING SERVICE). WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF STREAMING SERVICE, (II) DELIVERY AND OR DISPLAY OF ANY CONTENT CONTAINED ON OUR SITE OR OTHERWISE THROUGH STREAMING SERVICE; AND (III) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE PRODUCTS OR SERVICES PROVIDED ON OUR SITE OR OTHERWISE THROUGH STREAMING SERVICE, INCLUDING ANY LOSSES OR DAMAGES ARISING FROM DOWNLOADING OF RELATED SOFTWARE, DOWNLOADING AND/OR USE OF ANY OTHER SOFTWARE. EXCEPT AS OTHERWISE PROVIDED ON OUR SITE, TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR GUARANTEE THAT YOUR USE OF THE STREAMING SERVICE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON THE COMPANY.

IN NO EVENT SHALL THE COMPANY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PRODUCTS OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCTS OR SERVICES, OUR SITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH EXCEED THE PURCHASE PRICE OF THE RELEVANT PRODUCT OR SERVICE. IN THE EVENT THAT A CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, OUR TOTAL LIABILITY TO YOU FOR ANY RELATED DAMAGES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY TO THE COMPANY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

(b) Indemnity

You agree to defend, indemnify and hold harmless the Company, any parent corporation, its affiliates, and its and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Response submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site.

Transfer of Rights and Obligations

These Terms and Conditions and any Contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, change, or otherwise dispose of these Terms and Conditions or a Contract, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and Conditions or a Contract, or any of our rights or obligations arising under them, at any time.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Severability

If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.

Notice and Consent to Electronic Communications.

When you visit this Site or send e-mails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically, including, without limitation, e-mail and text messages. We will communicate with you by e-mail, text messaging or by posting notices to your account on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.

Law and Jurisdiction

Contracts for the purchase of Products and Services through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by governed by and construed in accordance with the laws of the state of Texas, without regard to conflict of laws provisions. and shall be subject to the non-exclusive jurisdiction of the courts of Austin, Texas.

Entire Agreement

These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.