TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (the “TOUs”) set forth the terms and conditions that govern your access to and use of our services and products, including our website (www.findingmastery.com), online courses, podcasts, digital content and other services and products controlled, owned or licensed by Finding Mastery (collectively, the “Services”), unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link.
The Services are owned and operated by Finding Mastery Inc. (“Finding Mastery,” also “we,” “our,” and “us”) a California corporation with its principal place of business at 128 Sierra Street 2nd Floor, El Segundo, CA 90245.
BY USING ANY SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THESE TOUs. If you do not agree to these TOUs, you must not use any of the Services. Finding Mastery may change the terms of these TOUs at any time, and your access or use of Services after such change is posted will mean that you accept such change. You warrant to us that you have the authority to enter into an agreement with us on the terms of these TOUs.
LICENSE AND USE
Subject, where applicable, to full payment of any required fees, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your personal use only. Any commercial use, use in violation of these TOUs, or use for data collection and/or profit is not allowed.
You may access and use the Services on a computer or other device. Additional terms may also apply to certain features, parts or content of the Services and, where they apply, will be displayed on-screen or accessible via a link (“Other Terms“).
You must use the Services only for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates or content providers.
You remain responsible for:
- all of your activity on and in connection with the Services;
- all of the content that you submit or post in connection with your use of the Services; and
- what you access via the Services, how you interpret or use the Services and any actions you may take as a result of accessing or using the Services.
ACCESS TO THE SERVICES
Services may only be accessed and used on a computer or other device owned or controlled by you and running the relevant operating system that the Service concerned was designed, so you must make sure you have a compatible device that meets all the necessary technical specifications to enable you to access and use the Services.
You will be assumed to have obtained permission from the owner of any computer or other device that is controlled, but not owned, by you to access the Services on that device. You accept responsibility, in accordance with these TOUs, for all access to, and use of, any of the Services by you on any device, whether or not it is owned by you.
You acknowledge that the mobile service provider for any mobile device on which you access or use any Services may charge for internet access on that device.
Certain features, parts or content of the Services may be restricted to users who have registered and/or paid for such Services. You must ensure that any registration details you provide are accurate and you must keep those details accurate and up to date. You acknowledge and agree that any content that forms part of the Services may, at any time and with or without prior notice, be removed or changed by Finding Mastery from time to time in its sole discretion.
If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these TOUs or if any details you provide for the purposes of registering as a user prove to be false.
You may encounter third-party advertisements during your use of the Services. We do not endorse or sponsor any advertiser, advertised products or services and any interactions with advertisers, including through engagement with interactive advertisements, are at your own option and risk.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Services or that any website or product content will respond at a certain speed (since this depends on a number of factors outside our control).
We reserve the right to withdraw or suspend the operation of any of the Services, with or without notice to you, if we need to do so for security or legal reasons.
You may be required to pay a fee for certain Services, the amount of which will be as set out on our website(s) from time to time, unless you have been issued a promotion code (e.g., by an organization with which you are working) in which case you may redeem that promotion code.
Any required payment for Services must be made by credit or debit card via the checkout page. We use a reputable third-party payment services provider to take payment. Payment is accepted by most major credit and debit cards. Payment is taken, in full, immediately. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for any such charges.
Except as explicitly authorized in these TOUs, you are not allowed to:
- rent, lease, loan, sell, license, or transfer access to the Services to any third-party, or exploit the Services for commercial purposes;
- store the Services on a server or other storage device connected to a network or create a database;
- interfere with, disrupt, alter, translate, or modify the Services or any part thereof, or create an undue burden on our Services or the networks or services connected to the Services, nor attempt to circumvent the security of any servers on which the Services are hosted;
- reverse engineer, decompile, disassemble, or reverse compile the Services;
- introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services;
- transmit, distribute, introduce or otherwise make available in any manner through the Services any computer virus, keyloggers, spyware, worms, trojan horses, time bombs or other malicious or harmful programming;
- use any of the Services in a way that might damage our name or reputation or that of any of our affiliates;
- export any of the Services in breach of the applicable export or import laws of any country;
- publicly display, perform, republish, or reproduce any of the Services (including without limitation by way of email, newsgroups, file or discussion areas, intranet or internet site or any other means);
- tamper with, bypass or alter any security, digital rights management, or other licensing enforcement procedures relating to the Services; or
- otherwise, do anything not expressly permitted by these TOUs.
All intellectual property rights in any content that forms part of the Services (including but not limited to trademarks, copywrite, text, graphics, photographs and other materials, images, videos and audio) (collectively, “Content”) are owned by Finding Mastery or our licensors. Except as expressly set out herein, where necessary for accessing the Content, or except as required by applicable law, nothing in these TOUs gives you any rights in respect of any intellectual property owned by us or our licensors, and you acknowledge that you do not acquire any ownership rights by accessing or using the Services or any Content.
In the event you print, copy or store pages from our websites, you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
CONTENT OF SERVICES
We may change the format and content of the Services from time to time without notice. We reserve the right to change the design, features and/or functionality of any Service by making the updated Service available for you to access or use. You are not obligated to download any updated Service that has been updated or replaced, but we may cease to provide and/or update content to earlier versions of any Service and, depending on the nature of the update, in some circumstances you may not be able to continue using Service until you have downloaded the updated version.
We may, but are not obligated to, make updates available to any Service and we may cease to make such updates available at any time, with or without notice to you.
Parts of the Services may not be correct, accurate, reliable, complete or up to date from time to time. You should check with us or the relevant information source and make any other appropriate inquiries before acting on any such information, and notify us if you notice any inaccurate, incomplete or out of date Content or Services.
Neither we nor our licensors can guarantee that any Services or Content will be free from viruses or other code that may have contaminating or destructive elements, or that access to the Services will function as intended or be uninterrupted. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security protections) to satisfy your particular requirements as to the safety and reliability of the Services.
Services may, from time to time, include links to external sites or applications owned, operated or produced by third-party organizations independent of us, which may include links to third-party offers and promotions. We include these for convenience only, to provide you with access to information, products or services that you may find useful or interesting. We have not verified and are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement, sponsorship or recommendation of, or association with, their operators or promoters or any materials on them.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SET FORTH HEREIN, THE SERVICES ARE PROVIDED BY FINDING MASTERY TO YOU ON AN “AS IS” “AS-AVAILABLE” BASIS. ALL WARRANTIES OF ANY TYPE NOT EXPRESSLY STATED IN THESE TOUs, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED BY FINDING MASTERY AND ITS LICENSORS. NO REPRESENTATION OR DEMONSTRATION SHALL CONSTITUTE A WARRANTY OF ANY PRODUCT UNLESS EXPRESSLY INCORPORATED IN THESE TOUs. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
For greater certainty, these TOUs will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
Nothing in these TOUs is intended to limit or exclude our liability to you or the liability of our licensors to you:
- for death or personal injury caused by our negligence; or
- for fraudulent misrepresentation; or
- for rights that you may have under any law that may not be waived, excluded, restricted or modified by agreement (“Your Consumer Rights”).
Subject to Your Consumer Rights, in no event shall we or our licensors be liable to you for:
- any business losses;
- any consequential or incidental damages or losses, including, but not limited to lost profits;
- any losses that were not reasonably foreseeable; or
- any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
If you suffer any loss in connection with the Services, you must take all reasonable steps to minimize your loss, including notifying us without delay if there are steps we can take to help minimize your loss. Any liability we do have for losses you suffer shall not, in aggregate, exceed the total fees paid by you for the relevant paid-for Service in respect of which the liability arises.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FINDING MASTERY, ITS AFFILIATES, OWNERS, LICENSORS AND/OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST INFORMATION OR OTHER DAMAGES ARISING OUT OF THESE TOUs OR YOUR USE, MISUSE, OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FINDING MASTERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT. IN ALL EVENTS, IF FINDING MASTERY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, FINDING MASTERY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU WITH RESPECT TO ANY SERVICES IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST FINDING MASTERY, OR (2) US$100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE IN SUCH JURISDICTIONS.
CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND FINDING MASTERY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, WHERE PERMITTED UNDER THE APPLICABLE LAW, UNLESS BOTH YOU AND FINDING MASTERY AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS WITH YOUR CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
You agree to indemnify and hold Finding Mastery, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Finding Mastery by any third-party due to or arising out of or in connection with your use of the Services.
GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these TOUs must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Finding Mastery and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
We may terminate, disable, lock, block or suspend your access to any Service if you fail to comply, or if we suspect on reasonable grounds that you have failed to comply, with any of the TOUs. In the event of such termination, you must cease all use of the Services and Finding Mastery may immediately revoke your access to the Services.
All provisions which by their nature survive termination will survive the termination of these TOUs.
You may not transfer or assign any of your rights or obligations under these TOUs. All notices given by you to us must be given in writing to the address set out in these TOUs. If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these TOUs is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, all other provisions shall remain in full force and effect. These TOUs may not be varied except with our express written consent. These TOUs and the Other Terms represent the entire agreement between you and us in relation to their subject matter. These TOUs shall not be interpreted or construed to confer any rights or remedies on any third parties. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any court of competent jurisdiction.
If you have any questions, comments, requests regarding these TOUs, or if you need assistance with your account, please contact us:
- Via email at firstname.lastname@example.org
- Write to us at the following address:
128 Sierra Street 2nd Floor,
El Segundo, CA 90245
These TOUs were last updated on November 15, 2022.