Terms & Conditions General
This website (the “Site”) is owned and operated by S.O.W.A.H.A. (“COMPANY,”
“we” or “us”). By using the Site, you agree to be bound by these Terms of
Service and to use the Site in accordance with these Terms of Service, our
Privacy Policy and any additional terms and conditions that may apply to
specific sections of the Site or to products and services available through
the Site or from COMPANY. Accessing the Site, in any manner, whether
automated or otherwise, constitutes use of the Site and your agreement to be
bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new
conditions on use of the Site, from time to time, in which case we will post
the revised Terms of Service on this website. By continuing to use the Site
after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the
Site are the property of us and/or our affiliates or licensors, and are
protected by copyright, trademark, and other intellectual property laws. The
Site is provided solely for your personal noncommercial use. You may not use
the Site or the materials available on the Site 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 or by
the owner of the materials, 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 Site. You may, however, from time to time,
download and/or print one copy of individual pages of the Site for your
personal, non-commercial use, provided that you keep intact all copyright and
other proprietary notices.
Your License to Us. By posting or submitting any material (including, without
limitation, comments, blog entries, Facebook postings, photos and videos) to
us via the Site, internet groups, social media venues, or to any of our staff
via email, text or otherwise, you are representing: (i) that you are the
owner of the material, or are making your posting or submission with the
express consent of the owner of the material; and (ii) that you are thirteen
years of age or older. In addition, when you submit, email, text or deliver
or post any material, you are granting us, and anyone authorized by us, a
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 such material, in
whole or in part, in any manner or medium, now known or hereafter developed,
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 and agree that any contributions originally created by you
for us shall be deemed a “work made for hire” when the work performed is
within the scope of the definition of a work made for hire in Section 101 of
the United States Copyright Law, as amended. As such, the copyrights in those
works shall belong to COMPANY from their creation. Thus, COMPANY shall be
deemed the author and exclusive owner thereof and shall have the right to
exploit any or all of the results and proceeds in any and all media, now
known or hereafter devised, throughout the universe, in perpetuity, in all
languages, as COMPANY determines. In the event that any of the results and
proceeds of your submissions hereunder are not deemed a “work made for hire”
under Section 101 of the Copyright Act, as amended, you hereby, without
additional compensation, irrevocably assign, convey and transfer to COMPANY
all proprietary rights, including without limitation, all copyrights and
trademarks throughout the universe, in perpetuity in every medium, whether
now known or hereafter devised, to such material and any and all right, title
and interest in and to all such proprietary rights in every medium, whether
now known or hereafter devised, throughout the universe, in perpetuity. Any
posted material which are reproductions of prior works by you shall be co-
owned by us.
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.
Limitations on Linking and Framing. You may establish a hypertext link to the
Site so long as the link does not state or imply any sponsorship of your site
by us or by the Site. However, you may not, without our prior written
permission, frame or inline link any of the content of the Site, or
incorporate into another website or other service any of our material,
content or intellectual property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites
maintained by third parties. Our linking to such third-party sites does not
imply an endorsement or sponsorship of such sites, or the information,
products or services offered on or through the sites. In addition, neither we
nor affiliates operate or control in any respect any information, products or
services that third parties may provide on or through the Site or on websites
linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties,
including information providers, are those of the respective authors or
distributors, and not COMPANY. Neither COMPANY nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness of any
content. Furthermore, COMPANY neither endorses nor is responsible for the
accuracy and reliability of any opinion, advice, or statement made on any of
the Sites by anyone other than an authorized COMPANY representative while
acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY
COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF
ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE
SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY
SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR
OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its
affiliates, their successors, transferees, assignees and licensees and their
respective parent and subsidiary companies, agents, associates, officers,
directors, shareholders and employees of each from and against any and all
claims, causes of action, damages, liabilities, costs and expenses, including
legal fees and expenses, arising out of or related to your breach of any
obligation, warranty, representation or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different types
of products and services online that are provided by third parties. We are
not responsible for the quality, accuracy, timeliness, reliability or any
other aspect of these products and services. If you make a purchase from a
merchant on the Site or on a site linked to by the Site, the information
obtained during your visit to that merchant’s online store or site, and the
information that you give as part of the transaction, such as your credit
card number and contact information, may be collected by both the merchant
and us. A merchant may have privacy and data collection practices that are
different from ours. We have no responsibility or liability for these
independent policies. In addition, when you purchase products or services on
or through the Site, you may be subject to additional terms and conditions
that specifically apply to your purchase or use of such products or services.
For more information regarding a merchant, its online store, its privacy
policies, and/or any additional terms and conditions that may apply, visit
that merchant’s website and click on its information links or contact the
merchant directly. You release us and our affiliates from any damages that
you incur, and agree not to assert any claims against us or them, arising
from your purchase or use of any products or services made available by third
parties through the Site.
Your participation, correspondence or business dealings with any third party
found on or through our Site, regarding payment and delivery of specific
goods and services, and any other terms, conditions, representations or
warranties associated with such dealings, are solely between you and such
third party. You agree that COMPANY shall not be responsible or liable for
any loss, damage, or other matters of any sort incurred as the result of such
dealings.
You agree to be financially responsible for all purchases made by you or
someone acting on your behalf through the Site. You agree to use the Site and
to purchase services or products through the Site for legitimate, non-
commercial purposes only. You also agree not to make any purchases for
speculative, false or fraudulent purposes or for the purpose of anticipating
demand for a particular product or service. You agree to only purchase goods
or services for yourself or for another person for whom you are legally
permitted to do so. When making a purchase for a third party that requires
you to submit the third party’s personal information to us or a merchant, you
represent that you have obtained the express consent of such third party to
provide such third party’s personal information.
Your purchase is for personal use only. Sharing of purchases is not permitted
and will be considered unauthorized, an infringing use of our copyrighted
material, and may subject violators to liability. If payment for a course is
declined, our system will automatically disable access to our premium
materials. (We understand. This usually happens because a credit card
expires.) We want to help restore your access, so we’ll make every attempt to
contact you to help resolve this issue. Once the billing issue is resolved,
we’ll restore access.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web
logs, chat rooms, and email services, 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 bulletin
boards, web logs, chat rooms, and other public posting areas on the Site, or
sent via any email services on the Site, 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
Site. It is a condition of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the Site.
Use the Site 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 Site or
its features, or disobey any requirements, procedures, policies or
regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or
cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or
network connected to this Site, 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 Site.
Use the Site 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 Site 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 Site to post or transmit any information, software or other material
that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information,
software or other material for commercial purposes, or that contains
advertising.
Use the Site 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 Site.
COMPANY may host message boards, chats and other public forums on its Sites.
Any user failing to comply with the terms and conditions of this Agreement
may be expelled from and refused continued access to, the message boards,
chats or other public forums in the future. COMPANY or its designated agents
may remove or alter any user-created content at any time for any reason.
Message boards, chats and other public forums are intended to serve as
discussion centers for users and subscribers. Information and content posted
within these public forums may be provided by COMPANY staff, COMPANY’s
outside contributors, or by users not connected with COMPANY, some of whom
may employ anonymous user names. COMPANY expressly disclaims all
responsibility and endorsement and makes no representation as to the validity
of any opinion, advice, information or statement made or displayed in these
forums by third parties, nor are we responsible for any errors or omissions
in such postings, or for hyperlinks embedded in any messages. Under no
circumstances will we, our affiliates, suppliers or agents be liable for any
loss or damage caused by your reliance on information obtained through these
forums. The opinions expressed in these forums are solely the opinions of the
participants, and do not reflect the opinions of COMPANY or any of its
subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or
postings on the message boards, chat rooms or other public forums on the
Sites. 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, sponsors, users and visitors.
We occasionally include access to an online community as part of our
programs. We want every single member to add value to the group. Our goal is
to make your community the most valuable community you’re a member of.
Therefore, we reserve the right to remove anyone at any time. We rarely do
this, but we want to let you know how seriously we take our communities.
Registration
To access certain features of the Site, we may ask you to provide certain
demographic information including your gender, year of birth, zip code and
country. In addition, if you elect to sign-up for a particular feature of the
Site, such as chat rooms, web logs, or bulletin boards, you may also be asked
to register with us on the form provided and such registration may require
you to provide personally identifiable information such as your name and
email address. You agree to provide true, accurate, current and complete
information about yourself as prompted by the Site’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 Site (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 Site, you will need a username and password,
which you will receive through the Site’s registration process. You are
responsible for maintaining the confidentiality of the password and account,
and are responsible for all activities (whether by you or by others) that
occur under your password or account. You agree to notify us immediately of
any unauthorized use of your password or account or any other breach of
security, and to ensure that you exit from your account at the end of each
session. We cannot and will not be liable for any loss or damage arising from
your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE,
OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS,
COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY
MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN
ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT
COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH
STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE,
OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR
MATERIALS
COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER,
AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL
ADVISOR.
WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION
CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL
INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS
INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR
SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION
OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT
BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER
INVESTMENTS.
WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE
RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE
ACTING ON ANY INFORMATION PROVIDED BY US.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF
ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR
APPROPRIATENESS FOR ANY PURPOSE.
YOU acknowledge and agrees that no representation has been made by COMPANY OR
ITS AFFILIATES and relied upon as to the future income, expenses, sales
volume or potential profitability that may be derived from the participation
in THIS PROGRAM.
Termination
We may cancel or terminate your right to use the Site or any part of the Site
at any time without notice. In the event of cancellation or termination, you
are no longer authorized to access the part of the Site affected by such
cancellation or termination. The restrictions imposed on you with respect to
material downloaded from the Site, and the disclaimers and limitations of
liabilities set forth in these Terms of Service, shall survive.
Refund Policy
All sales are final unless otherwise noted. This includes all training
programs, coaching/consulting and marketing services. If you have any
questions or concerns regarding our refund policy please direct them to :
support@sowaha.com
Other
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse
for copyright owners who believe that material appearing on the Internet
infringes their rights under the U.S. copyright law. If you believe in good
faith that materials hosted by COMPANY infringe your copyright, you, or your
agent may send to COMPANY a notice requesting that the material be removed or
access to it be blocked. Any notification by a copyright owner or a person
authorized to act on its behalf that fails to comply with requirements of the
DMCA shall not be considered sufficient notice and shall not be deemed to
confer upon COMPANY actual knowledge of facts or circumstances from which
infringing material or acts are evident. If you believe in good faith that a
notice of copyright infringement has been wrongly filed against you, the DMCA
permits you to send to COMPANY a counter-notice. All notices and counter
notices must meet the then current statutory requirements imposed by the
DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent
for notice of claims of copyright infringement or counter notices can be
reached as follows: support@sowaha.com
This Agreement shall be binding upon and inure to the benefit of COMPANY and
our respective assigns, successors, heirs, and legal representatives. Neither
this Agreement nor any rights hereunder may be assigned without the prior
written consent of COMPANY. Notwithstanding the foregoing, all rights and
obligations under this Agreement may be freely assigned by COMPANY to any
affiliated entity or any of its wholly owned subsidiaries
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of New York and any dispute shall be subject to binding
arbitration in New York, New York. If any provision of this agreement
shall be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions.
Disclaimer
Although it is highly unlikely, This policy may be changed at any time at our
discretion. If we should update this policy, we will post the updates to this
page on our Website.
If you have any questions or concerns regarding our privacy policy please
direct them to : support@sowaha.com
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Privacy Policy - Disclaimer - Terms of Service
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