Terms & Conditions

Nimble Cyber Solutions LLC,
d/b/a Nimble Cyber Academy
TERMS AND CONDITIONS OF USE 

Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to
these TOU before you are permitted to use any digital or downloadable resources,
membership, online course, one-on-one or group coaching, class, program,
workshop, or training, or enter any online private forums such as Slack or Facebook
groups operated by Nimble Cyber Solutions LLC d/b/a Nimble Cyber Academy (for
any purpose), whether on a website hosted by Nimble Cyber Solutions LLC or a
third-party website such as an online course platform or facebook.com (collectively
“the Program”).

If you do not agree with these TOU, you may not use the Program.

As used in these TOU, the term “Releasees” is defined to include the following: (i)
Nimble Cyber Solutions LLC d/b/a Nimble Cyber Academy, its subsidiaries, affiliated
companies, owners, members, managers, directors, officers, past and present
employees, agents, coaches, representatives, successors and assigns (collectively
“the Company”); (ii) any Company volunteers; and (iii) Gerrie Allabach.

1. Participants

You will receive the services outlined on the web page where you register.

If you wish to participate in another session of the Program in the future or
purchase any other event tickets, products, programs or services from the
Company, all terms of these TOU will continue to apply unless superseded by
another agreement in writing.

If you cancel and then decide to join the Program again at a later time, you will be
charged at the current rate, regardless of any special offers or discounts you
received in the past.

This Program is intended and only suitable for individuals aged 18 and above. Some
of the content in this Program may not be appropriate for children. Company
hereby disclaims all liability for use by individuals under the age of 18.

2. Payment

You agree to the fees and payment schedule selected at checkout.

A. BREAK INTO IT:
Pay in Full: Upon registering for this Event, you agree to pay the payment in full of
$4,000.

B. SECURE YOUR FUTURE:

Pay in Full: Upon registering for this Event, you agree to pay the payment in full of
$2,200.

If paying by debit card or credit card, you give us permission to automatically
charge your credit or debit card for all fees and charges due and payable to the
Company, without any additional authorization, for which you will receive an
electronic receipt.  You also agree that the Company is authorized to share any
payment information and instructions required to complete the payment
transactions with its third-party payment service providers (e.g., credit card
transaction processing, merchant settlement, and related services).

If payment is not received by the date due, you will have a five (5) day grace period
to make the payment, otherwise the Program will not continue, and we reserve the
right to terminate your access to the Membership Program and all Content
immediately and permanently. 

If you fail to make any payment in a timely manner or voluntarily withdraw from the
Program at any time or for any reason, you will remain fully responsible for the full
cost of the Program and all payments in any payment plan you have chosen. The
Company reserves the right to charge a late fee on all balances more than 30 days
overdue. You agree to reimburse the Company for all collection and/or legal fees
and expenses necessitated by lateness or default in payment.

3. Refunds

Your satisfaction with the Program is important to us. However, because of the
extensive time, effort, preparation and care that goes into creating and providing
the Program, and due to the nature of the Program and Content that cannot be
“returned,” we have a no refund policy. We do not give partial month refunds,
partial refunds on annual payments, or refunds of any kind.

Unless otherwise provided by law, you acknowledge that we do not offer refunds
for any portion of your payment for any portion of our Program and no refunds will
be provided to you at any time. By using and/or purchasing our Program, you
understand and agree that all sales are final, and no refunds will be provided.

Company reserves the right, in its sole discretion, to determine how to discipline a
member who violates these Terms. Therefore, if a member disagrees with how the
Company disciplines another member and requests a refund, the Company will
deny such request.

Furthermore, if a member violates these Terms, the Company reserves the right, in
its sole discretion, to offer the member another opportunity to abide by these
Terms. If a member disagrees with the Company offering another member a
second opportunity to follow these terms, no grounds for a member to receive a
refund would be created, and any request for a refund on this basis shall be
denied.

If, in the Company’s sole right and discretion, you persist with behaviors or actions
that violate these Terms, the Company may terminate your access and participation
in the Program without notice and without refund.

Since we have a clear and explicit Refund Policy in these TOU that you have agreed
to prior to completing the purchase of the Program, we do not tolerate or accept
any type of chargeback threat or actual chargeback from your credit card company
or payment processor. If a chargeback is placed on a purchase or we receive a
chargeback threat during or after your purchase, we reserve the right to report the
incident to all three credit reporting agencies or to any other entity for inclusion in
any chargeback database or for listing as a delinquent account, which could have a
negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address.
Chargeback abusers wishing to be removed from the database shall make the
payment for the amount of the chargeback.

4. Intellectual Property Rights

a. Access to Content
Upon enrolling in the Program, you will gain access to content from the MONTH OF
YOUR ENROLLMENT FORWARD. Your membership does not include access to all
Content that has ever been shared with other members. Company makes no
guarantee that it will maintain recordings of any Content for any particular time
period.

While your membership is active, the Content to which you have access may be
available to download. When your membership has been terminated, you will not
have any access to the membership site or any Content posted there after the end
of the current billing term.

b. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout,
graphics, photos, images, information, materials, documents, data, databases and
all other information and intellectual property accessible on or through the
Company website, any third-party website the Company may use to distribute or
host the Program, and contained in e-mails sent to you by the Company, as well as
the look and feel of all of the foregoing (“the Content”) is property of the Company
and/or our affiliates or licensors, unless otherwise noted, and it is protected by
copyright, trademark, and other intellectual property laws.

c. The Company’s Limited License to You
If you view, purchase or access any Program or any of the Content, you will be
considered our Licensee. For the avoidance of doubt, you are granted a revocable,
non-transferable license for personal, non-commercial use only, limited to you and
those living within your household only.

This means you and those living within your household may view, download, print,
email and use one copy of individual pages of the Program and Content for your
own personal purposes or your own business only.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute
to friends, family, or any other third party outside your household, or otherwise use
any material from the Program or Content for commercial purposes or in any way
that earns you or any third-party money (other than by applying them generally in
your own business). By downloading, printing, or otherwise using the Program or
Content for personal use you in no way assume any ownership rights of the
Content – it is still Company property. Any unauthorized use of any materials found
in the Program or Content shall constitute infringement.

You must receive our written permission before using any of the Program or
Content for your own commercial use or before sharing with others.

The trademarks and logos displayed on the Program or Content are trademarks
belonging to the Company, unless otherwise indicated. Any use including framing,
metatags or other text utilizing these trademarks, or other trademarks displayed, is
strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are
reserved by us.

d. Unauthorized Use
Your use of any materials found in the Program or Content other than that
expressly authorized in this agreement or by a separate written assignment, is not
permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5)
times the total fees paid for the Program in the event of your Unauthorized Use, or
a minimum of $5,000, whichever is greater, in addition to any legal or equitable
remedies the Company may be entitled to pursue. This is not a penalty but an
agreed liquidated damage charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property
Rights terms in these TOU would cause irreparable injury to the Company that may
not be adequately compensated by damages, entitling the Company to obtain
injunctive relief, without bond, in addition to all legal remedies.

e. Your License to the Company; Use in Testimonials and Marketing.

By posting or submitting any material during the Program such as comments,
posts, photos, designs, graphics, images or videos or other contributions, you are
representing to us that you are the owner of all such materials, and you are at least
18 years old. You are also granting us, and anyone authorized by us, an unlimited,
royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license
to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute,
and/or publicly perform or display your contributions, in whole or in part, in any
manner or medium, now known or developed in the future, for any purpose, and
granting us the right to make it part of the Company’s current or future Program
and Content. This right includes granting us proprietary rights or intellectual
property rights under any relevant jurisdiction without any further permission from
you or compensation by us to you.

You also consent to photographs, videos, and/or audio recordings, including
teleconference calls, webinars, or other communications, that may be made by the
Company during any Program that may contain you, your voice and/or your
likeness. In the Company’s sole discretion, we reserve the right to use these
photographs, videos, and or/audio recordings and/or any other materials
submitted by you to the Company or created by the Company in connection with
your participation in any Program, for any reason, without compensation to you at
any time, now or at any time in the future.

You also grant us, and anyone authorized by us, the right to use your likeness and
identify you as the author and individual depicted in any comments, posts, photos,
images, videos or other contributions created by you or the Company, or by name,
email address, or screen name, for any purposes, including commercial purposes
and advertising. You acknowledge that we have the right but not the obligation to
use any contributions from you and that we may elect to cease the use of any such
contributions in the Program or in our Content at any time for any reason.

This means you give the Company permission to use anything you submit or post in
the Program or any third-party forum or website operated by the Company, or
anything captured by the Company during your participation in the Program,
including images in which your face is visible and recognizable.

f. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property

belonging to the Company, you should request permission in writing BEFORE you
use the Content by sending an email to support@jodymoore.com.

If you are granted permission by the Company, you agree to use the specific
Content that the Company allows and only in the ways for which the Company has
given you its written permission. If you choose to use the Content in ways that the
Company does not specifically give you written permission, you agree now that you
will be treated as if you had copied, duplicated and/or stolen such Content from us,
and you consent to immediately stop using such Content and to take whatever
actions as we may request and by the methods and in the time frame that we
prescribe to protect our intellectual property and ownership rights in the Program
and Content.

5. Your Conduct
The Program is a “pitch free zone.” You agree you will not pitch, promote, market,
or sell any other products, groups, programs, or events to Program participants on
any Company website or third-party forums operated by the Company, whether or
not officially sanctioned, owned, or operated by the Company. This means you
agree not to form, or ask Program participants to join, “shadow” groups on social
media or any other platform, or in-person meetups, based on interests or locality.
You agree you will not invite Program participants to participate in events, such as a
meetup, seminar, or athletic competition, without first receiving approval from the
Company. You agree not to market, promote, or sell products or services to
Program participants, unless you are authorized or requested to do so by the
Company.

Please choose carefully the materials that you upload to, submit to, or embed on
any website operated by the Company and any third-party forums operated by the
Company. Any material you post on the Company’s website or in any third-party
forums operated by the Company may become public.

You are responsible for your material and for any liability that may result from the
material you post. You participate, comment, and post material at your own risk.
Any communication by you on the Company’s website and any third-party forums
operated by the Company, whether by leaving a comment, participating in a chat,
public or private forum, or other interactive service, must be respectful.

You may not communicate or submit any content or material that is abusive,
vulgar, threatening, harassing, knowingly false, defamatory or obscene,
pornographic, sexually explicit or violent, or otherwise in violation of any law or the
rights of others. You agree to post comments or other material only one time.

You are strictly forbidden from the following:

• Harassing, fighting with, or being disrespectful to other participants

• Impersonating any other person

• Causing damage to any Company website or third-party forums operated by the
Company

• Using any Company website or third-party forums operated by the Company for
any unlawful, illegal, fraudulent or harmful purpose or activity

• Using any Company website or third-party forums operated by the Company to
copy, store, host, transmit, send, use, publish or distribute any spyware, virus,
worm, Trojan horse, keystroke logger or other malicious software

• Using any Company website or third-party forums operated by the Company to
transmit, send or deliver unsolicited communications or for other marketing or
advertising purposes

• Systematically or automatically collecting data from any Company website or
third-party forums operated by the Company

• Using any Company website or private membership forum or third-party forums
operated by Company, to take pictures and/or screenshots of comments, posts,
pictures, materials or any other content posted and/or shared by Company and/ or
Participants without receiving their advance permission

• Sharing any private and proprietary information, screen shots, comments, posts,
pictures, materials or any other content posted and/or shared from other
participants, with the public or with anyone who is not a participant on or in any Company website, private membership or third-party forums operated by
Company.

If, in the Company’s sole discretion, your conduct violates these TOU in any way,
you agree that the Company may immediately and permanently terminate your
participation in the Program and your access to the Content without refund.

The Company, in its discretion, may delete or modify, in whole or part, any post,
comment or submission to the Company’s and any third-party forums operated by
the Company. The Company does not, however, have any obligation to monitor
posts, comments, or material submitted by third parties. The Company neither
endorses nor makes any representations as to the truthfulness or validity of any
third-party posts, comments, or material on the Company website or any third-
party forums operated by the Company. The Company shall not be responsible or
liable for any loss or damage caused by third-party posts, comments, or materials
on the Company website and any third-party forums operated by the Company.

7. Community Guidelines

The Company has created a community that is a safe and judgment-free space for
connection, conversation, learning, and growth. Within Company’s community is
the baseline expectation that all participants will treat one another with respect
while bringing encouragement and consideration to all participants.

The Company’s community guidelines are as follows:
A. The Company’s Program promotes diversity amongst its members. Therefore,
the Company encourages all members to connect with one another and to learn
about one another’s background, interests, hobbies and points of view. The
Company does not tolerate nor support any member’s discriminatory speech, hate
speech, comments, or actions against another member based on their sex, gender,
age, ethnicity, race, socio-economic status, disability, or other labels.

B. The Company does its best to create a safe and welcoming space for all
members, however, Company cannot guarantee that all members will follow these
guidelines. Company, in its sole discretion, may remove any member’s comments,
posts, content or materials, however, Company does not have a duty to review all
comments, posts, content and material shared within the Program. Therefore,

Company shall not be held liable for any member’s comments, actions, posts,
content or materials that result in another member’s trauma or discomfort.

C. The Company has created a safe space for all members to feel seen, respected
and heard. Company encourages members to engage in respectful dialogue with
one another. The Company does not support nor tolerate any disrespectful actions
or comments, which include, but are not limited to hate speech, discriminatory
comments, physical, or mental or emotional abuse. Therefore, each member must
demonstrate respect towards one another.

D. Support each member with words of encouragement, resources or suggestions,
while respecting each member’s boundaries.

We may also post separate rules regarding your behavior in any online community
or forum, whether hosted on the Company’s website or a third-party website, which
may be updated from time to time. You agree that you are bound by those rules
and they are expressly incorporated into these TOU.

8. Confidentiality
Company is not legally bound to keep your information confidential.

Nevertheless, the Company agrees to keep all information about your membership
confidential except for use in testimonials or marketing, outlined above, or when
disclosure is required by law, for example if a court issues a subpoena for the file or
information, or if you threaten to harm yourself or others. You acknowledge that
your communications with the Company are not covered by any doctor-patient
privilege or other privilege.

You may use a screen name or pseudonym instead of your actual name, or remain
anonymous, for your participation in group classes and public posts on the
Company website and in third-party forums operated by the Company.
You agree that the Company shall not be liable for the disclosure of any of your
information by another Program participant. You agree to keep all information you
learn about other Program participants, their businesses (including their intellectual

property), or clients (as applicable), strictly confidential except in very rare
circumstances where disclosure is required by law.

The Company may record class sessions and share them in the Program, on the
Company’s website, for marketing of the Company and/or the Program, or on third-
party forums operated by the Company.

You agree you will not share any recorded class sessions or third-party forum
postings outside the private member areas of the Company’s website, or any third-
party forums operated by the Company. If the Company discovers you have done
so, this will be grounds for immediate termination of your access to the Program
and Content.

9. Username and Password
To access certain features of the Program, including any private membership areas,
you may need a username and password. It is your responsibility to inform the
Company before the Program start date if you do not receive an email containing
your password to access the Program. You agree to keep your username and
password confidential and to not share it with anyone outside those living within
your household. During the registration process for any service or product, you
agree to provide true, accurate, current and complete information about yourself. If
the Company has reasonable grounds to suspect that you have provided false
information, shared your username and password with anyone outside those living
within your household, or forwarded any non-public material from the Program to
any other person, the Company has the right to suspend or terminate your account
and refuse any and all current or future use of the Program or any Content, in
whole or part, without refund. Any personally identifiable information you provide
as part of the registration process is governed by the terms of the Company’s
website Privacy Policy.

10. Live or In-Person Events
If you participate in any live or in-person event as part of any Program, you agree to
observe and obey all posted rules and warnings, to follow any instructions or
directions given by the Company through its employees, representatives or agents,
and to abide by any decision of any Company staff or volunteers, or Company

vendors or contractors, regarding your ability to safely participate in the Program.
You agree to exhibit appropriate behavior at all times and to obey all local, state
and federal civil and criminal laws while participating in the Program. This includes,
generally, respect for other people, equipment, facilities or property. The Company
may dismiss you, without refund, if your behavior endangers the safety of or
negatively affects the Program or any person, facility or property.

You consent to medical care and transportation in order to obtain treatment in the
event of injury to you as Company, volunteers or medical professionals may deem
appropriate. These TOU extend to any liability arising out of or in any way
connected with the medical treatment and transportation provided in the event of
an emergency and/or injury.

The Company is not responsible for any personal item or property that is lost,
damaged or stolen at or during any Program.

11. Termination or Cancellation

The Company reserves the right in its sole discretion to refuse or terminate your
access to the Program and Content, in full or in part, at any time without notice. The
Company may terminate your participation in the Program at any time, without
refund, if you breach any part of these TOU. In the event of cancellation or
termination by the Company, you are no longer authorized to access the part of the
Program or Content affected by such cancellation or termination. The restrictions
imposed on you in these TOU with respect to the Program and its Content will still
apply now and in the future, even after termination by you or the Company.

12. Personal Responsibility, Assumption of Risk, Release, Disclaimers

You are voluntarily participating in the Program and assume all risk of injury, illness,
damage, or loss to you or your property that might result, whether arising out of
the negligence of Releasees or otherwise.

You understand that physical activity and exercise are inherently risky and
dangerous activities. Inherent risks are risks that cannot be eliminated completely
regardless of the care and precautions taken by Releasees. You are fully aware of
the risks and hazards inherent in participating in Program and voluntarily,
knowingly and freely assume all risks associated with participating in the Program,

including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries,
illnesses, infections, paralysis and even death. This includes injury or damage
sustained while and/or resulting from using any premises or facility, or using any
equipment (whether owned, operated, or provided to you by Releasees or
otherwise), including injuries or damages arising out of the negligence of Releasees,
whether active or passive, or any of Releasees’ affiliates, employees, coaches,
agents, representatives, successors, and assigns.

Your participation in the Program does not establish a business advisor-client
relationship of any kind between you, the Company, or anyone providing services
on behalf of the Company.

You represent and warrant to Releases that you are able to safely participate in
the Program and have no medical condition that would make your participation in
the Program more hazardous. You acknowledge that you have had a physical
examination and have been given a physician’s permission to participate, or that
you have decided to participate in the Program without the approval of a physician.

Your participation in the Program does not establish any doctor-patient, attorney-
client, counseling, or accountant-client relationship of any kind between you, the
Company, or anyone providing services on behalf of the Company.

The Program and Content provide information and education only, and do not
provide any financial, legal, medical or psychological services or advice. None of the
Program or Content prevents, cures or treats any mental or medical condition. The
Program and Content is not intended to be a substitute for professional advice that
can be provided by your own accountant, lawyer, financial advisor, or medical
professional. You are responsible for your own financial, legal, physical, mental and
emotional well-being, decisions, choices, actions and results. You should consult
with a professional if you have specific questions about your own unique situation.
The Company disclaims any liability for your reliance on any opinions or advice
contained in the Program.

You acknowledge that, by engaging with the Company for the Program, you
voluntarily assume an element of inherent risk, and knowingly and freely assume
all risk and responsibility for injuries to any persons or damages to any property,
and release, covenant not to sue, and hold Releasees harmless for any and all
liability to you, your personal representatives, assigns, heirs and next of kin, for any

and all claims, causes of action, obligations, lawsuits, charges, complaints,
controversies, damages, costs or expenses of whatsoever kind, nature, or
description, whether direct or indirect, in law or in equity, in contract or in tort, or
otherwise, whether known or unknown, arising out of or connected with your
participation in the Program, whether or not caused by the active or passive
negligence of the Releasees. This release is not intended as an attempted release of
claims of gross negligence or intentional acts by Releasees.

In the event that the release and hold harmless provision is held unenforceable for
any reason, you agree to limit any damages claimed to the total paid to the
Company for the Program.

Earnings and Results Disclaimer: You agree that Company has not made and does
not make any representations about the earnings or results you may receive as a
result of your participation in the Program. The Company cannot and does not
guarantee that you will achieve any particular result or earnings from your use of
the Program, and you understand that results and earnings differ for each
individual.

Any links to third-party products, services, or sites are subject to separate terms
and conditions. The Company is not responsible for or liable for any content on or
actions taken by such third-party company or website. Although the Company may
recommend third-party sites, products or services, it is your responsibility to fully
research such third parties before entering into any transaction or relationship with
them.

The Company is not responsible or liable for members of the Program infringing on
another other member’s intellectual property, content or materials.

The Company tries to ensure that the availability and delivery of the Program and
Content is uninterrupted and error-free. However, the Company cannot guarantee
that your access will not be suspended or restricted from time to time, including to
allow for repairs, maintenance or updates, although, of course, we will try to limit
the frequency and duration of suspension or restriction.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE
PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF

ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY
DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY PART OF THE COMPANY’S WEBSITE, INCLUDING ANY PAGES HOSTING
CONTENT, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.

THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS,
PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES
MADE AVAILABLE THROUGH THE PROGRAM.

13. Security

You acknowledge that there is an inherent risk in all forms of electronic
communication, and communications between you and the Company may be
unlawfully intercepted by third parties not under our control. The Company does
not guarantee the security of any information transmitted via the Internet,
telephone, video conference, or other electronic media. Any efforts you undertake
to communicate with Company are done at your own risk.

14. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the
State of Illinois, without giving effect to its conflict of laws principles. The state and
federal court nearest to Fairview Heights, Illinois shall have exclusive jurisdiction
over any case or controversy arising from or relating to the Program or Content,
including but not limited to the Company’s Privacy Policy or these TOU. By using the
Program or Content, you hereby submit to the exclusive jurisdiction and venue of
these courts and consent irrevocably to personal jurisdiction in such courts and
waive any defense of forum non conveniens. The prevailing party in any dispute
between the parties arising out of or related to these TOU, whether resolved by
negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees
and costs from the other party.

15. Users Outside United States
The Company controls and operates the Program from offices in the United States.
The Company does not represent that materials on the Program are appropriate or
available for use in other locations. People who choose to access the Program from
other locations do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.

16. Indemnification
You agree to defend, indemnify, release, and hold harmless the Company and any
directors, officers, agents, contractors, partners, assigns, successors-in-interest and
its and their employees from and against any and all claims, damages, obligations,
losses, liabilities, costs, debt and expenses (including but not limited to attorney’s
fees) arising from or in connection with: (i) your use of the Program or Content in
violation of these TOU, (ii) any breach by you of these TOU or any representation
and warranty made by you herein, (iii) any comment, post, or material you submit
to the Company’s website or any third-party forum or website operated by the
Company, (iv) your use of materials or features available on the Program or Content
(except to the extent a claim is based upon infringement of a third-party right by
materials created by the Company) or (v) a violation by you of applicable law or any
agreement or terms with a third party to which you are subject.

17. Force Majeure
The Company shall not be deemed in breach of this Agreement if the Company is
unable to complete or provide all of the Program or any portion thereof by reason
of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic,
death, illness or incapacity of the Company or any local, state, federal, national or
international law, governmental order or regulation or any other event beyond
Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any
Force Majeure Event, the Company shall give notice to Client of its inability to
perform or of delay in completing or providing the Program and shall propose
revisions to the schedule for completion of the Program or other accommodations
or may terminate this Agreement.

18. General Provisions

This Agreement may only be modified by agreement of both parties in writing. If
any provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement will remain in full force and the invalid or unenforceable provision
will be replaced by a valid or enforceable provision.

This is the entire agreement of the parties and reflects a complete understanding of
the parties with respect to the subject matter. This agreement supersedes all prior
written and oral representations.

By clicking on the box when signing up for the Program, you are providing the
electronic equivalent of your signature and assert that you have read, understood
and agreed to this entire document. If you do not agree with these TOU, do not
purchase or use the Program or Content.

Updated on 09/26/2022