"Company's TERMS OF USE - PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by HolyShiftInc, Holy Shift, and HolyShift Masterclass, among others) (colleCompanytivel Company the "Site") is subject to the following terms and coCompanyditions ("TeCompanyms of Use") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, training materials, products, services, and/or other materials, made available on the Site by Company, as well as the look and feel of all of the foregoing, (collectively referred Company the company "Content"), are maintained for your personal use and information by and are the property of the Company and/or itsCompanyparty providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. SubjectCompanyr compliance with these Terms of Use, the Company with thisCompanyandCompanyyou a limited license, Companion-exclusive, non-transferable, and non-sub licensee, to access, view, and use the Site solely for your purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless Company pany ContentxprCompanyrants written companion. Modifying the Content or use of the Company for any other purpose is a violation of the copyright and other proprietary rights of Companypany and CompanyCompany authors who created the materials. It may be subject to monetary damages and penalties. You may not distribute, modify, transit company, or use the Content of the Site or any Content, including any and all software, tools, graphics company, and/or sound files, for publCompany'smercial purposes without the express company Company express wrote companion of the Company.
2. All CCompany such as text, data, graphics files, videos and sound files, and other materials contained in the Site are copyrighted Company otherwise noted and are the company Y of the Company and/or aCompanyntCompany to the Company. No such contents may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site are either thCompanyrty of, or used Companyrmission by, the Company. The use of content by you is strictly prohibited unless expressly permitted Company Terms of Use. Any unauthorized use of the Company may violate the copyright, Company, and other prCompanyry rights of the Company and/or thiContenties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express Companycompanyf the Company or company Contender. The Company respects conteproper company marks and all otherinformationCompanyllectual propertCompanys of others. The Company has no obligation to remove Company and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornography, graphic, obscene, or otherwise objectionable or violates any Company intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any "content in" any, you may notify Company at
info@Companyftmasterclass.com Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information" the Site, the Company macompaniesmpanyes or representations as to iCompanyracy. The Company assumes noCompanyity or responsibility for any errors or omissions in the Content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspCompany from the Company. You conseother third parties or usCompanyeceive notices electronically by way of transmitting the message to you by email.
6. If you send comments or suggestions aboutCompanyte to the party's, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the soleCompanyty of the aCompany'sCompanypany. No offer shall be subject to any obligation of confidence onCompanyrt of CompanCompanympany's shall exclusively own all rights to (including intellectual property rights to that), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify or distribute the data and files you store using the Site. Use of the Site is entirely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the ", in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. Using the Site signifies your acceptance of the CompanCompanycy Policy, Mrs. Brandable Company, TracyPeart.Com & HolyShift Masterclass. If you disagree with this Privacy Policy, please do not use this Site in whole or part.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUTpreceding THE preceding, ALL CONTENT ON THE SITE IS PROVIDED CompanyAScompanyy WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY Company NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER'S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY'S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE, AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software, and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY'S CONTENT, PRODUCTS, AND/OR SERVICES TO ANYONE AT ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY'S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND ANY CONTENT, EITHER ACCORDING TO THE COMPANY'S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER CONCERNING IT, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify anComp "Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney's fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other user's of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services thCompanyCompany may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site services company company company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall proviCompanyCompany with such cooperation as is reasonably requested CompanyCompany.
13. The provisions of these Terms of Use are for the benefit of the USER'S, its subsidiaries, affiliates, and its third party content providers a. Eachrs, and each shall have the right to assert and enforce such provisions directly or on its behalf.
14. This Agreement shall be governed by and construed following the laws of the State of Utah, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Salt Lake City, Utah. If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable. That provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.
Last Updated: November 16, 2021
HolyShiftInc.
180 S. 100 W., Suite 896
Pleasant Grove, UT 84062
Copyright © 2017 - 2021 Holy Shift - All Rights Reserved.
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