Welcome, and thank you for your interest in Green Building Education Services (“GBES,” the “Company”, “we,” “us,” or “our“), which operates the web site(s) located at https://www.gbes.com (the “Website“) and related application programming interfaces (“APIs”) and online services, including, but not limited to any Downloadable Content (as defined below), and any other products and services that Company may provide now or in the future (collectively, the “Services“). The following Terms are a legal contract between you (“you” and “your“) and GBES regarding your use of the Services. Visitors and users of the Services are referred to individually as “User” and collectively as “Users“.
You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting us at [email protected] or 888.414.9998. You must have reached the age of consent for online services in your country to use GBES.
You need an account to purchase and access GBES’ Services. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address and a valid, authorized form of payment. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and GBES will not intervene in disputes between Users who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us at [email protected] or 888.414.9998. We may request some information from you to confirm that you are indeed the owner of your account.
Users must be at least 18 years of age to create an account and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you may not create a GBES account. If we discover that you have created an account that violates these rules, we will terminate your account.
You can close your account at any time by following these steps by contacting us at [email protected] or 888.414.9998.
For annual Subscription Customers: You can elect for your annual subscription to not renew by going into your GBES account, clicking “Orders”, clicking “view” by your subscription, then clicking “cancel.” You must click cancel at least 2 business days before your “next due date.” You can also decline to renew your annual subscription by contacting our customer care team at least 7 days before your “next due date” by emailing [email protected] or calling 888.414.9998. We strive to respond to you within 1-2 business days.
2. Content Licensing
When you purchase a course or course Subscription, you get a license from us to view that course content and for no other use. Don’t try to transfer or resell content in any way. We generally grant you a twelve month access license, except when we must disable the content because of legal or policy reasons or based on the terms of your specific purchased Service.
When you purchase a stand alone course, a series of courses, a course Subscription, or any other Service, GBES grants you a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of the Service.
All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a GBES authorized representative.
We reserve the right to revoke any license to access and use any content or Service at any point in time in the event we decide to discontinue the content or Service, are obligated to disable access to the content due to legal or policy reasons, for example, if the course or other content you purchased is the object of a copyright complaint, or because of any other legitimate business reason.
Under our third-party content provider Terms, when third-party content providers provide content to GBES, they grant GBES a license to offer a license to the content to customers. This means that we have the right to sublicense the content to our customers. As a customer, when you purchase a course or other content, you are getting a license from GBES to view that content and GBES is the licensor of record. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information or by illegally downloading the content and sharing it on torrent sites).
2.1. Proprietary materials.
The Services are owned and operated by GBES. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the “Services Materials“) are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 2, all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to GBES, and GBES reserves all rights therein and thereto not expressly granted by these Terms.
2.2. Digital Millennium Copyright Act.
It is GBES’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. GBES will promptly terminate without notice your access to the Services if you are determined by GBES to be an “infringer.” A repeat infringer is a User who has been notified by GBES of infringing activity violations and/or who has had User Content or any other user-submitted content removed from the Services. To report copyright infringement, please notify us at [email protected] or 888.414.9998.
3. Payments, Credits, and Refunds
When you make a payment, you agree to use a valid payment method. If you aren’t happy with your content, GBES offers a limited 30-day money-back guarantee for most non-live on-demand training content. Please see full terms in Section 12.14.
The prices of content on GBES are determined based on the Terms, our third-party content provider terms and our promotions policies.
We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content (at checkout). Any price offered for particular content may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.
If you are located in a state or country where use and sales tax, goods and services tax, or value added tax is applicable to our products and Services, we may be responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to our content, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.
3.3. Refunds and Refund Credits
If the content you purchased is not what you were expecting, you can request, within 30 days of your purchase of the content, that GBES apply a refund to your account in accordance with the full terms in Section 12.14. This refund option does not apply to “live” online classes, master classes, and products or services that are labeled “non-refundable.” We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment service providers, and other factors. No refund is due to you if you request it after 30-days from your date of purchase. However, if the content you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 30-day limit. To request a refund, contact us at [email protected] or 888.414.9998.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of the content that you want to refund or if you’ve previously refunded the content, we reserve the right to deny your refund, restrict you from other future refunds, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to the content due to your violation of these Terms, you will not be eligible to receive a refund.
We may change any of the Terms by posting revised Terms on our website. Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service. We may change the Service or any features of the Service at any time, and we may discontinue the Service or any features of the Service at any time.
5. Content and Behavior Rules
You can only use GBES for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep reviews, questions, posts, and other content you upload in line with these Terms and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws [or regulations of your country]. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If we are put on notice that your posted content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates these Terms, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. GBES has discretion in enforcing these Terms. We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
If a User has published content that infringes your copyright or trademark rights, please let us know at [email protected] or 888.414.9998
6. GBES’s Rights to Content You Post
You retain ownership of content you post to our platform. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other Websites.
The content you post as a user remains yours. You allow GBES to reuse and share any content you post but you do not lose any ownership rights you may have over that content.
When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize GBES to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with GBES for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
7. Using GBES at Your Own Risk
Anyone can use the GBES Website to create and publish content and we enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use GBES at your own risk.
Our platform model means we do not always review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content. If you access content, you rely on any information provided by an instructor at your own risk. GBES provides information for purposes of continuing education only and does not guarantee the completeness or currency of information. Responsibility for compliance with applicable legal requirements and licensing or certifications falls solely on the individual User and not GBES.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. GBES has no responsibility to keep such content from you and no liability for your access or enrollment in any course or other content, to the extent permissible under applicable law. This also applies to any content relating to health and wellness. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content.
When you interact directly with other users or instructors, you must be careful about the types of personal information that you share. We do not control what users and third-party instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
Some of our instructors are employees, others are consultants, guest speakers, and volunteers. For instructors that are not employed by GBES, we are not responsible or liable for any interactions involved between those instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of third-party instructors (non-employees of GBES), students, or other GBES users.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
8. GBES’s Rights
We own the GBES platform and Services, including the Website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the GBES platform and Services, including our Website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of GBES and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the GBES name or any of the GBES trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding GBES or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the GBES platform and Services:
- access, tamper with, or use non-public areas of the platform (including content storage), GBES’s computer systems, or the technical delivery systems of GBES’s service providers.
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the GBES platform or Services.
- access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as GBES); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
GBES also doesn’t allow accounts or Users that promote or incite harm toward others or that promote discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you share content that we determine, in our sole discretion, contains either of the following:
- A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
- Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
9. Subscription Terms
This section covers additional terms that apply to your use of our subscription-based collections as a student (“Subscription Plans”). By using a Subscription Plan, you agree to the additional terms in this section.
9.1. Subscription Plans
During your subscription to a Subscription Plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that Subscription Plan via the Services for twelve months.
The subscription that you purchase or renew determines the scope, features, and price of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with anyone else.
We reserve the right to revoke any license to use the content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion, such as if we no longer have the right to offer the content through a Subscription Plan. Additional information on our right to revoke, terminate, and change our Subscription Plan and Services is included in Section 4 “Changes.”
9.2. Account Management
You may cancel your subscription in your account setting or by contacting us at [email protected] or 888.414.9998. If you cancel your subscription to a Subscription Plan, your access to that Subscription Plan will automatically end on the last day of your billing period. All fees are non-refundable unless the limited money-back guarantee applies. For clarity, cancellation of a subscription does not terminate your GBES account.
9.3. Payments and Billing
The subscription fee will be listed at the time of your purchase. We may also be required to add taxes to your subscription fee as described in the “Payments, Credits, and Refunds” section above. Payments are non-refundable and there are no refunds or credits for partially used periods, except for our limited 30-day money-back guarantee described in Section 12.14 or otherwise required by applicable law.
To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then-applicable fees.
In the event that we update your payment method using information provided by our payment service providers, you authorize us to continue to charge the then-applicable fees to your updated payment method.
If we are unable to process payment through the payment method we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription and your account.
We reserve the right to change our Subscription Plans or adjust pricing and content for our Services at our sole discretion.
9.4. Subscription Disclaimers
We make no guarantees as to the availability of any specific content in any Subscription Plan or as to any minimum amount of content in any Subscription Plan. At any point in the future, we reserve the right to offer or cease to offer additional features to any Subscription Plan, or to otherwise modify or terminate a Subscription Plan at our sole discretion. These disclaimers are in addition to those listed in the “Disclaimers” section below.
10. Term and Termination
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you. Those boring parts start around here, but we urge you to read them because (as we mentioned) they’re important.
These Terms and Conditions shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services or your Account.
- Termination by GBES. GBES, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or any part thereof) you may have with GBES or your use of the Services and remove and discard all or any part of your account, User profile, and User Content, at any time. GBES may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be effected without prior notice, and you agree that GBES will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GBES may have at law or in equity. As discussed herein, GBES does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be infringers.
- Termination by You. Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any of these Terms, (iii) any policy or practice of GBES in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate the Terms and your account. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services.
- Responsibility for Pre-Termination activity. Termination of the Terms as to any User account will not limit GBES’s rights and remedies regarding any breach of these Terms occurring prior to such termination.
11. Representations, Warranties, Indemnification, Disclaimers
11.1. Representations and Warranties
You warrant, represent and agree that you will not provide any User Content or otherwise use the Services in a manner that (i) infringes, violates or misappropriates another’s intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render GBES in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws (collectively, “Applicable Law“); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant and agree that (i) you possess all rights necessary to provide your User Content and grant Company the rights in these Terms; and, (ii) you will comply with Applicable Laws in connection with your use of the Service.
You agree, to the extent permissible under your state’s laws, to indemnify, defend, and hold harmless GBES, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“GBES Parties“) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein; (iv) your failure to comply with Applicable Laws (including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. GBES reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GBES, and you agree to cooperate with GBES’s defense of these claims. You agree not to settle any such matter without the prior written consent of GBES. GBES will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
11.3. Disclaimers; No warranties
- No Warranties. THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE (THE “GBES OFFERINGS“), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE GBES PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GBES OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- Content. GBES, AND THE GBES PARTIES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. GBES AND THE GBES PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE GBES OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
- Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
- Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND PLACE TO PLACE.
11.4. Limitation of Liability and Damages.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GBES OR THE GBES PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF GBES OR A GBES PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR THE GBES OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH GBES OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE GBES OFFERINGS, INCLUDING OTHER USERS,. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GBES’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Damages. IN NO EVENT WILL GBES’S OR THE GBES PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO GBES, IF ANY, IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
- Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT GBES HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GBES, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GBES. GBES WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
- User Interactions and Release.
- User Disputes. GBES is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.
- Release. If you have a dispute with one or more Users, you release us (and the GBES Parties) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you waive your rights under California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive your rights under any applicable statutes of a similar effect, to the fullest extent permissible under applicable law.
12. Miscellaneous Legal Terms
12.1. Prohibited Conduct
YOU AGREE NOT TO:
- use the Services for any commercial use or purpose unless expressly permitted by GBES in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
- except as expressly permitted by GBEW in an agreement signed by GBES you cannot rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services or Services Materials;
- post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
- post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- use the Services in any manner that is harmful to minors, or in any manner that violates GBES’s Terms;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, or perform any other fraudulent activity;
- delete the copyright or other proprietary rights notices on the Services or on any licensed content or User Content;
- assert, or authorize, assist, or encourage any third party to assert, against GBES or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any licensed content or User Content you have used, submitted, or otherwise made available on or through the Services;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
- use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- defame, harass, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, licensed content, or User Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services, licensed content, or User Content;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by GBES herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
- intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
12.2. Third-Party Sites, Products and Services; Links.
The Services may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites“). GBES does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.
GBES may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Services, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless GBES is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Services are deemed given 30 days following the initial posting. Any notices directed to GBES shall be sent by first class U.S. Mail to GBES at 5607 Glenridge Dr., Suite 250, Atlanta, GA 30342 and also via e-mail to 888.414.9998.
The failure of GBES to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by GBES.
12.5. Governing Law
??The State of Georgia’s laws, except for conflict of laws rules, will apply to any dispute related to the Terms or the Service. You acknowledge and agree that any dispute related to the Terms or the Service itself will be decided by the state or federal courts in Cobb County, Georgia, and each party consents to personal jurisdiction in those courts.
If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions while still maintaining the original intent of the parties to the maximum extent possible.
The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without GBES’ prior written consent, but may be assigned by GBES without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2, 4, 5, 6, 7, 8, 9, and 11.
12.9. Entire Agreement
12.10. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
12.11. Notification of Security Incident
If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of Mailchimp for such incident.
12.12. Subpoena Fees
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
12.13. Export Controls
The software that supports the Services is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the U.S. government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, “Export Control Laws”). Therefore, you agree that you won’t, directly or indirectly through a third party, allow the Services or your Account to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of the Service is designated on any U.S. government list of prohibited or restricted persons.
It’s important to note that this Section isn’t meant to provide a comprehensive summary of the Export Control Laws that govern us or the Service. You’re downloading and using the Service at your own risk, and it’s your responsibility to consult with a legal advisor to make sure your use of the Service complies with applicable laws.
12.14. Limited 30-Day Money Back Guarantee
I bought something from GBES and I’m not happy with it. Can I get a refund?
We’re sorry to hear that you are unhappy with your purchase. We offer a 30-day money-back guarantee for most products.
- “Live” online classes and master classes that span 4 weeks or more from the first session: you may receive a refund if you notify us within 7 days of your first scheduled live session that you are unhappy with your purchase, that you want to cancel the rest of your sessions, and you’d like a refund.
- “Live” online classes that span 7 days or less from the first session: No refunds are provided
- Everything else: not refundable.
I bought the wrong product. Can I get an exchange rather than a refund?
How do I get a refund or exchange?
To obtain a refund or exchange, you must contact us by either sending an email to [email protected] or speaking with one of our live representatives at 888.414.9998 within 30 days of your purchase date. Refunds will only be applied back to the credit card you used for the purchase.
12.15. Other Refunds
We’ll give you a refund for a prorated portion of any prepaid amounts for the Service or reimburse you for unused Services if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund or credit from us under any other circumstances other than for products eligible for the 30-day Money-Back Guarantee. We may, at our sole discretion, offer a refund, discount, credit, or exchange.