Website Disclaimers for NewbieToExpert.com

DISCLAIMERS, AND TERMS & CONDITIONS OF USE

Last Updated: Jan 1, 2020

Welcome to the website of NewbieToExpert.com, which is owned and operated by Kaizen Athena, LLC, a California limited liability company (the “Company,” “we” or “us”).

By using this website, you agree to be bound by these Disclaimers, and Terms and Conditions of Use (together, the “Terms of Service”). These Terms of Service govern your use of our website; if you disagree with any part of the Terms of Service, do not use our website.

These Terms of Service refer to the following additional terms, which also apply to your use of our website:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our website. When using our website, you must comply with the Acceptable Use Policy.

We reserve the right to change these Terms of Service or to impose new conditions on use of the website, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the website after we post any such changes, you accept the Terms of Service, as modified, whether or not you have reviewed them. You should therefore check periodically for changes.

Registration

To access certain features of the website, we may ask you to provide certain demographic information including your name, e-mail address, company name, address, phone number, gender, year of birth, and other information about yourself or your business. You agree to provide true, accurate, current and complete information about yourself as prompted by the website’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the website, you will need a username and password. You are responsible for maintaining the confidentiality of your username and password, and you must not disclose them to any third party. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at policy@newbietoexpert.com.

You are responsible for all activities (whether by you or by others) that occur under your account. We will not be liable for any loss or damage arising from your failure to protect your password or account information. We have the right to disable any user account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

California’s Children Online Privacy Protection Act (COPPA)

We comply with the requirements of California’s Children Online Privacy Protection Act (COPPA). We do not specifically market to children under the age of 13; our website, products and services are all directed to people who are at least 13 years old or older. We do not knowingly collect any information from anyone under 13 years of age.

Accuracy of Information Disclaimer

Although we have made every effort to ensure that the information on this website was correct at the time of publication, the Company does not assume and hereby disclaims any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause.

While a reasonable effort will be made to keep content up to date and accurate, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our website, or any content on it, will be free from errors or omissions. If you find any omissions or errors, please notify us at contact@newbietoexpert.com.

No warranty expressed or implied is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information on this website. This disclaimer applies to both isolated and aggregate uses of the information. The Company provides this information on an “AS IS” basis. All warranties of any kind, express or implied, including but not limited to the IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, freedom from contamination by computer viruses and non-infringement of proprietary rights ARE DISCLAIMED.

Earnings & Income Disclaimer

Company cannot and DOES NOT make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. Results will vary.

You should know that all products and services by Company are for educational and informational purposes only. Nothing on this website, or any of our content or curriculum, is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced on our website are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

If you are a business user, please note that in particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

Virus Disclaimer

While we rely on vendors to keep our website virus-free, we do not guarantee that our website will be secure or free from bugs or viruses. You should use your own virus protection software. We will not be liable for any loss or damage caused by viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful that may infect your computer equipment, computer programs, mobile devices or programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would be committing a criminal offence and we will report any such breach to the relevant law enforcement authorities. We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Intellectual Property Rights & Licenses

All rights reserved. No part of this website or the publications available on this website may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.

This website and all the materials available on the website are the property of the Company and/or our affiliates, and are protected by copyright, trademark, and other intellectual property laws. You may not use the website or the materials available on the website in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the website.

You may, however, from time to time, download and/or print one copy of individual pages of the website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may also copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the website, internet groups, social media venues, or to any of our staff via email or otherwise, you are representing: (i) that you are the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, assignable, sublicensable, transferable, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge that Company has the right but not the obligation to use and display any postings or contributions of any kind and that Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Digital Millennium Copyright Act (DMCA)

Just as we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe content located on or linked to by our website violates your copyright, you are encouraged to notify us. We will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material. If you suspect such a violation, please send an email to policy@newbietoexpert.com.

Acceptable Use Policy

This website may include a variety of interactive features, such as bulletin boards, online forums, and chat rooms, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on any interactive feature on the website, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the website. It is a condition of your use of the website that you do not:

Restrict or inhibit any other user from using and enjoying the website.
Use the website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the website.
Use the website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this website.
Use the website to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the website to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the website to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the website.

Any user failing to comply with the Acceptable Use Policy or the Terms of Service may be expelled from and refused continued access to the interactive features on the website.

Company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other interactive features on the website. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, business partners, users and visitors.

You agree and understand that you may be held legally responsible for damages suffered by other members or users of our website as the result of your remarks, information, feedback or other content posted or made available on the website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, Company is not legally responsible, nor can it be held liable, for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the website.

Bandwidth Limitation

If your bandwidth usage exceeds 200 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by us) of other website users, we reserve the right to immediately disable your account or throttle your bandwidth until you reduce your bandwidth consumption.

Limitations on Linking and Framing

You may establish a hypertext link to our website so long as the link does not state or imply any sponsorship of your site by us or by our website. However, you may not, without our prior written permission, frame or inline link any of the content of our website, or incorporate into another site or other service any of our material, content or intellectual property.

Third Party Products

Occasionally, at our discretion, we may provide links to third party products or services on our website. We do not control, and are not responsible for, the content or practices of these third party websites. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these third party products or services.

The inclusion of any links to third party websites does not necessarily imply a recommendation or endorsement of such sites, or the information, views, products or services offered through them.

Credit Cards

A valid credit card is required for purchases. If a payment is declined (which usually happens because a credit card expires), we will make every attempt to contact you to help resolve this issue.

Refund Policy

Due to the nature of electronic media, all sales of eBooks and audio products are final – no refunds.

However, in regards to our eCourses, we provide 60-day 100% satisfaction guarantee. If you are not happy for any reason you can ask for all your money back within 60 days of your purchase.

Once a valid refund request is submitted, the refund process will take no more than 30 days. All refunds will be returned to the original credit card used to make the purchase.

Limitation of Liability

Neither the Company nor its contributors shall be held liable for any improper or incorrect use of the information described and/or contained on the website, and Company assumes no responsibility for anyone’s use of the information. In no event shall the Company or its contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to: procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, tort (including negligence or otherwise), or any other theory arising in any way out of the use of this website or the publications, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, whether based on alleged breach of contract, tortious behavior, negligence or any other cause of action, including but not limited to damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, and/or theft, destruction or unauthorized access to, alteration of, or use of any record.

You agree to defend, indemnify, and hold harmless, the Company, its contributors, affiliates officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the website by you or your account.

Legal Matters

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of law provisions.

You agree that any dispute, of any nature whatsoever, between you and the Company arising out of or relating to the website, our services, or these Terms of Service, shall be decided by neutral, binding arbitration before a representative of JAMS, Inc. (a company that provides judicial arbitration, mediation, and alternative dispute resolution services) in Alameda County, California unless. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS fee and reasonable attorneys’ fees) to the prevailing party.

If you or the Company shall institute legal proceedings against the other to interpret or enforce the rights, obligations, or remedies provided under law or in these Terms of Service (whether in contract, tort, or both), or is made a party to any action or proceeding brought by a third party, the prevailing party shall be entitled to recover from the other party all costs, fees and expenses incurred by the prevailing party in such proceeding, including but not limited to reasonable attorneys’ fees and the cost of a contract litigation insurance policy, as part of its judgment. The “prevailing party” shall be the party who is entitled to recover its costs of suit, whether or not suit proceeds to final judgment.

Whenever possible, each provision of these Terms of Service shall be interpreted so as to be effective and valid under applicable law. If any provision of these Terms of Service is held to be prohibited by, or invalid under, applicable law, any other application of such provision and the remainder of these Terms of Service shall not be affected thereby.

Customer Service

If you have questions or comments regarding the Company, the website, these Terms of Service, or any of its products or services, please email us at policy@newbietoexpert.com.

Business Address

Kaizen Athena, LLC

1569 Solano Avenue, Suite #222

Berkeley, CA 94707