- User Responsibility. User is responsible for User’s legal, ethical, and professional use of any and all information and materials received from Thinkific.com and/or Company and/or the course. User shall not use any information obtained from Thinkific.com and/or Company and/or the course for any illegal, illicit purpose or for infringement, misappropriation, or other violation of any party or third party’s intellectual property rights, including without limitation copyright, trademark, patent, trade secret, rights of publicity, and any and all other forms of intellectual property protection, whether registered or not, and whether reduced to practice or not.
- Limitation of Liability. USER ACKNOWLEDGES AND AGREES THAT USE OF THE WEBSITE, PLATFORM, OR ANY THIRD PARTY LINKS OR RESOURCES PROVIDED ON THE WEBSITE OR PLATFORM, IS AT USER’S OWN RISK, AND THAT COMPANY DOES NOT ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS SUBMITTED TO OR PROVIDED ON OR VIA THE WEBSITE OR PLATFORM, AND COMPANY HAS NO CONTROL OVER AND IS NOT RESPONSIBLE FOR THE ACTIONS OR BEHAVIOR OF THINKIFIC.COM OR OTHER USERS OF THE WEBSITE OR PLATFORM, OR MEMBERS OF THE PUBLIC. User acknowledges that in using the Website, Platform, or third party links and resources provided via the Website or Platform,User may be exposed to content from a variety of sources, and such content may be inaccurate, offensive, or objectionable to User, and Company is not responsible for the accuracy, usefulness, safety, sensibility, decency, or intellectual property rights of or relating to such content. User agrees that Company, its employees, agents, advisors, officers, directors, members, and shareholders, are not and shall not be liable for any losses, damages, or liabilities arising out of or relating to User’s use of the Website or the Platform, or engagement in transactions originating from or within the Website or Platform, including without limitation any losses or damages from loss, theft, or damage to property or persons, including without limitation any personal injuries sustained by User or User’s employees, contractors, guests, family members, or invitees. User assumes full responsibility for any such injuries, losses, or damages, except in the event of fraud or willful misconduct by Company. Under no circumstances shall Company’s liability exceed the cost that User paid for the good(s) or service(s).
- No Insurance. Neither Thinkific.com nor Company provides any insurance coverage for the Website, the Platform, third party links or resources, or for goods or services sold, purchased, or gifted via the Website, ,Platform, or third party links. User shall be solely responsible for any and all costs and expenses not covered by insurance.
- Amendment. The Agreement may not be modified or amended except in writing by both parties, and any such amendment may be subject to the consent of Thinkific.com, if required.
- Construction and Interpretation. The captions in the Agreement are inserted only as a matter of convenience and in no way affect the terms or intent of any provision of the Agreement. All phrases, pronouns, and other variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the actual identity of the organization, person, or persons may require. No provision of this Agreement shall be construed against any party hereto by reason of the extent to which such party or its counsel participated in the drafting hereof. If any term or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall continue in full force as if the invalid provision never existed. Whenever possible, each part of this Agreement shall be interpreted in such a manner as to be valid under applicable law, and in accordance with the parties’ intent. The invalidity or unenforceability of a particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. Construction and interpretation shall not favor one party or the other based on which party drafted such term or provision.
- Non-Exclusivity. User acknowledges that there is no agreement of exclusivity with Company.
[END OF TERMS AND CONDITIONS]