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Terms of use
Effective as of October 1, 2023
By using our website and related sites (the “Websites”), as well as the courses offered through this site, you agree to comply with and be bound by the following Terms of Use. If you do not agree with any part of these terms, we kindly ask you to refrain from using our Websites.
If you enroll with us and intend to purchase a product or service through our Websites, you are agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase related to such product or service. In the case of any conflict between this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall prevail.
1. Use of site
1.1. We provide Visitors and Registered Users various materials, information, quizzes, tests, questions, articles, news, and other information on this and related sites and in courses offered through this site (the “Materials”).
1.2. You, as a Registered User, are allowed to print copies of the Materials for personal, non-commercial use, provided that you make no modifications to the Materials and retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials.
1.3. Registered Users may not modify the Materials at this Site in any way or reproduce, share, or distribute them. Keep all Materials confidential and refrain from selling, auctioning, loaning, renting, giving away, describing, summarizing, or otherwise revealing the Materials or their contents to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.
1.4. We hold the right to accept or reject any individual as a Registered User and may deactivate any account at any time, including, without limitation, if we determine that a Registered User has violated these Terms of Use.
2. Trademark and copyright
2.1. Ownership and Protection: The materials on this site, collectively referred to as “Content,” including trademarks, service marks, and copyrighted materials, are our property and protected under both the United States and foreign laws.
2.2. Permitted Use: Visitors may view publicly-available Content for personal, non-commercial use. Registered Users who have purchased products or services may download and view such Content for personal, non-commercial use. No other rights are granted without explicit written consent. We retain all intellectual property rights.
2.3. Restrictions: You may not sell, transfer, license, sublicense, modify, or use the Content for public or commercial purposes. Posting Content on other websites or social media without permission is prohibited, and violating this agreement terminates access, requiring the destruction of copies made.
2.4. Trademarks and Logos: Trademarks, service marks, and logos of Susan Metz are protected. Use without written permission is prohibited, and establishing links using the Trademarks requires prior written approval.
2.5. Protection of Elements: Elements of the Websites are protected by various laws and may not be copied or imitated. Content may not be retransmitted without express, written consent for each instance.
3. Hyperlinks
3.1. Links to external websites are provided solely as a convenience to you. We have not reviewed all of these external websites, do not control them, and are not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
4. No warranty
4.1. Disclaimer of Warranties: The materials on this site are provided “as is” without warranties, including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant the accuracy or completeness of the materials.
4.2. Websitez and Content: The Websites and Content are provided “as is” and “as available.” We do not guarantee error-free operation or absence of viruses. We disclaim all warranties, including title, merchantability, and fitness. We and our licensors are not liable for incidental or consequential damages. Any direct damages are limited to fees paid within the last three months.
4.3. Legal Limitations: Some jurisdictions may not allow certain warranty exclusions, so some limitations may not apply to you.
4.4. Errors and Changes: The Websites may have technical inaccuracies or errors. We are not responsible for such errors unless required by applicable laws. Information on products and services may not be available in every location. We reserve the right to make changes without notice.
4.5. Changes to Materials: We may make changes to the Materials at this Site or to the services and prices described in them at any time without notice.
5. Limitation of liability
5.1. Disclaimer of Damages: In no event will Susan Metz, its suppliers, or mentioned third parties be liable for any damages whatsoever arising out of the use, inability to use, or results of using this site, linked websites, or the materials, including but not limited to lower test scores, service interruption, or inaccurate information. This applies regardless of the legal theory and whether or not advised of the possibility of such damages.
5.2. Assumption of Costs: If your use of the materials or information results in the need for equipment or data servicing, repair, or correction, you assume all associated costs.
6. Applicable law
6.1. The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
7. Restrictions
7.1 The Websites are only available for individuals aged 13 years or older. If you are 13 or older but under the age of majority in your jurisdiction, review this Agreement with your parent or guardian to ensure understanding.
7.2 Sign-In Credentials: During registration, you’ll create a Sign-In Name, Password, and Unique Identifiers. Ensure accuracy and completeness in providing information. Each Sign-In Name and Password is for exclusive use by one Registered User. Sharing access credentials, especially for proprietary Content, constitutes a material breach.
7.3 Responsibility and Confidentiality: You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers. Promptly inform us of any need to deactivate or change them. We reserve the right to delete or change your credentials at any time without liability for any resulting loss or damage.
8. Fees and payment
8.1 For any purchase on the Websites, you must pay all applicable fees and taxes to Susan Metz. We will authorize your chosen payment method for the full payment, and you consent to this process. Payments in the U.S. will be in U.S. dollars; international payments will be in your local currency.
8.2 Billing Information: Provide accurate billing and credit card information, and promptly update it. If your credit card is lost or stolen, or if you suspect a security breach, inform us promptly. You authorize Susan Metz to obtain updated credit card expiration dates and charge any renewal card. Failure to receive payment from your credit card issuer obligates you to pay upon demand. You’re responsible for all collection costs, including attorney’s fees.
8.3 Foreign Transaction Fees: Your credit card issuer may charge foreign transaction fees, which you must pay. Check with your bank and credit card issuer for details.
9. Termination
9.1 We may, at our sole discretion, restrict, suspend, or terminate this Agreement and your access to the Websites without prior notice or liability. We also reserve the right to change, suspend, or discontinue any part of the Websites without prior notice or liability.
9.2 Surviving Sections: Certain sections, including “Fees and Payment” (until fees and taxes are paid), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous,” will survive termination.
10. Controlling law
10.1 This Agreement and any action related thereto will be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions.
10.2 Dispute Resolution: Any dispute arising from this Agreement or the Websites will be resolved through binding arbitration under the Federal Arbitration Act. Both parties agree that arbitration is the exclusive means for dispute resolution, barring the right to litigate or have a jury trial. The arbitration will be conducted by JAMS, and the arbitrator’s decision is final. Class actions are waived, and disputes are limited to individual resolution.
10.3 Equitable Relief: In cases of intellectual property rights or breach of confidential information, we may seek injunctive relief. You consent to the jurisdiction of federal and state courts in the State of North Carolina for such actions.
11. Miscellaneous
11.1 Our failure to enforce any provision in this Agreement doesn’t waive our right to do so later. Waivers must be in writing and aren’t effective in other instances. This Agreement constitutes the entire understanding between us, supersedes all prior agreements, and section headings are for convenience only. It benefits our successors, assigns, licensees, and sublicensees.
12 Effective date and updates
12.1 The Terms are effective as of October 1st, 2023, and are subject to change without notice by Susan Metz at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.
Contact information
Susan Metz
222 Central Park Ave, Ste E – 554, Pinehurst
NC 28374, USA
Email: [email protected]