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www.todspot.com

Effective date: 1st May 2020

Please take the time to carefully read these Terms and Conditions of Use (“Terms”). They are legally binding and apply to your use of the Todspot LLC (“Todspot,” “we,” “us,” or “our”) website at www.todspot.com (the “Site”), Todspot-controlled social media pages (including Facebook, Instagram, and Twitter), and the related services and products offered by Todspot through the Site. Collectively, the Site, the related services offered through the Site, and Todspot-controlled social media pages are called the “Services.” It is your responsibility to read these Terms carefully before using or accessing any of our Services or purchasing any of our products.

Introduction

These Terms and Conditions of Use establish the legally binding terms and conditions for your use of the Services and purchase of our products, including online courses (the “Programs”). By using the Services and/or purchasing a Product, you agree to be bound by the Terms and our Privacy Policy (together, the “Agreement”). You must indicate your acceptance of the Terms and Privacy Policy when you create a Todspot account and/or purchase a Product from us.

These terms contain important information regarding your legal rights, remedies, and obligations. Please note that the terms include an arbitration agreement. Except for certain types of disputes mentioned in that clause, you and Todspot agree that disputes between us will be resolved by mandatory binding arbitration, and you waive any right to participate in a class action lawsuit or class arbitration.

 

Todspot may, in its sole discretion, modify or revise the Terms at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms, you should periodically review the most up-to-date version, which will always be posted at https://todspot.com/terms/. Your continued use of the Services constitutes your acceptance of such changes.

Eligibility

To accept the Terms, you must affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. The Services are not intended to be used by anyone under sixteen years of age. Minors between the ages of 16 and 18 who have not been emancipated may only use the Services with the involvement and consent of a parent or guardian.


Account Creation and Product Purchases

Account

If you wish to access certain features of the Services or purchase Products, you have the option to create a Todspot account ("Account"). When creating your Account, you must provide accurate and complete information and select a secure password. It is your responsibility to keep your password confidential and secure. You agree not to use another Todspot account holder's account, username, or password at any time or to disclose your password to any third party. You may not create an Account using false identity or information, on behalf of someone else, or use another person's account without their permission. Todspot reserves the right to decline to open an Account in its sole discretion.

If you suspect any unauthorized use of your Account, password, or any other security breach, you must notify Todspot immediately. You are solely responsible for all activity that occurs under your Account, and Todspot will not be liable for any losses incurred by any unauthorized use of your Account. We may suspend, deactivate, or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, misleading, or violates our Terms. If you believe that someone is violating these Terms, please contact us at [email protected].

These Terms will remain in effect while you use the Services, have an Account, and even after your Account is terminated. You may terminate your Account at any time by emailing [email protected].

Todspot may terminate your Account or your access to Services at any time without warning, at its sole discretion, if you breach these Terms or for any other reason.


Online Store Terms

Orders

By placing an order through the Site, you acknowledge that your order is an offer to purchase all products and services listed in your order. All orders placed through the Site are subject to Todspot's acceptance, which means that Todspot may refuse to accept or may cancel any order, even after the order has been confirmed, for any or no reason, and without any liability to you or any other party. If your credit card has already been charged for an order that is later cancelled by Todspot, we will issue you a refund.

Products

Certain products or services may be available exclusively online through the Site, and may have limited quantities. While we reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction, we are not obligated to do so, and we may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products that we offer, and all descriptions of Products are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify or discontinue any of our Products, any part of the Services, or the Services as a whole without notice at any time. Any offer for any Product made on the Services is void where prohibited. Additionally, certain Products may be subject to separate terms and conditions that accompany the applicable Product offering.

By placing an order, you represent and warrant that the Products ordered will be used only in a lawful manner, and that you will comply with all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any Product purchased via the Site.

Prices and Payment Terms

Prices posted on the Site may differ from prices offered by us or our business partners at other locations, and all prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges may be added to your merchandise total and itemized in your shopping cart and in your order confirmation email.

While we strive to display accurate price information, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Services, in whole or in part.

From time to time, we may offer promotions on the Services that may affect pricing, and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

 

Payments through our Services are hosted on Kajabi. They provide us with the online platform that allows us to sell our Products and services to you. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors Stripe or Paypal. By utilizing these payment processors to purchase Products, you indemnify us and assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use. Stripe’s Privacy Policy can be found here and Paypal’s Privacy Policy can be found here.

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Refunds

We take your investment seriously. However, we do not offer refunds for any of our Products unless otherwise stated. If you have any concerns about a Product, please contact us at [email protected], and we will work with you to find a solution.

 

Chargebacks

We take our refund policy seriously and ask that you first request a refund by contacting us at [email protected] before attempting a chargeback with your financial institution. In the event that you do attempt a chargeback, you agree that you will forfeit any and all refunds from us for your original purchase. We reserve the right to present proof of your access to the product and these Terms to the financial institution investigating the dispute.

 

No Selling or Reselling

You may not sell, resell, or use for any commercial purpose any Todspot Product, obtained through the Services or otherwise.


Intellectual Property Notice

Rights and Restrictions

Todspot grants you permission to access and use the Services as set forth in these Terms, provided that you agree not to distribute any part of the Services without Todspot's prior written authorization, and you agree not to alter, modify, copy, or reverse engineer any part of the Services. Todspot reserves the right to discontinue any aspect of the Services at any time.

The Content on the Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks, trade names, trade dress, and logos contained therein, including "Todspot," the product names, taglines, and the logo/s (together, the "Marks"), are owned by Todspot LLC. and subject to copyright and other intellectual property rights under the law. The Content on the Services is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Todspot and any other respective owners. Todspot reserves all rights not expressly granted in and to the Services and the Content.

You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You also agree that the Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Todspot. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.

 

Products Including Course Content

In addition to the Content offered through the Services, you may purchase Products, including the online courses ("Courses").


Limited License

Any and all materials, purchased or free, that you access through the Services, including without limitation any Courses, are under the sole ownership or licensed use of Todspot LLC. When you purchase Products, including Courses, you receive a limited, non-transferable, non-exclusive, revocable license for non-commercial use only to access the content or materials in the Products for your personal use.

If you exceed the scope of this license or otherwise violate our intellectual property as described above, we reserve the right to terminate your account and prosecute to the fullest extent allowed by law in any jurisdiction allowed. You explicitly consent to personal jurisdiction in California by opting into or purchasing any Product or accessing the Services.

For clarity, the license allows you to:

Access the Product Content for your personal use

Stream, download, and/or print Product Content for your personal use

You may not:

Resell or trade your access to the Product

Share the Product with anyone else who has not independently purchased it

Reprint, republish, record, reproduce, modify, or distribute any of the Product Content, in part or in whole

You further agree not to access or use any part of the Services, or any Product available or obtained through the Services, for any commercial purposes other than as expressly permitted by these Terms. You also may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws).

Request for Permission to Use Content

If you wish to request to use, publish, or access any of our Products, Content or related materials, you may email us at [email protected]. You may not publish or use for a commercial purpose any Content or Products without prior written consent.

These are the key points of the Todspot Terms of Service that you provided:

Contributions

Any content or information that you provide to Todspot through the Services or otherwise, including comments, photos, videos, questions, reviews, suggestions, ideas, feedback, and materials, shall become the sole property of Todspot, and Todspot shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third-party intellectual property infringement

If you believe that any material on or accessible via the Services infringes or misappropriates your intellectual property rights or those of a third-party, you may request removal of such material by providing written notice to Todspot. If the intellectual property right subject of your written notice is a copyright owned by you, you need to include specific information to support your claim.

Third-party content and services

The Services may contain links to third-party websites and/or applications that are not owned or controlled by Todspot. Todspot has no control over the content, privacy policies, or practices of any third-party websites and/or applications, and assumes no responsibility for them. The Terms of Service do not apply to your use of any third-party websites and/or applications, and you should read their terms and privacy policy when you leave the Services.

Disclaimers and Limitations on Liability

Your use of the Todspot services, products, or content is at your own risk. The services, products, and content are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Todspot nor any person or entity associated with Todspot makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither Todspot nor any person or entity associated with Todspot represents or warrants that the services, products, or content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server/s that make them available are free of viruses or other harmful components, or that the services, products, or content will otherwise meet your needs or expectations.

Todspot hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

In no event will Todspot, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the products or services, any websites linked to them, any content on them, or items obtained through them, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

We are not responsible or liable in any way for the information, products, or materials that you request or receive through or in relation to the services or products. Further, we are not liable for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access to or use of the services or products.

Our services and products are provided for educational and informational use only. You understand and agree that Todspot is not a medical or mental healthcare provider, and that the services and any products or other information you access or learn from Todspot are not intended, designed, or implied to be medical or mental health advice, to diagnose, prevent, or treat any condition or disease, to ascertain the state of your or any other person's health, or to be a substitute for professional medical or mental healthcare. Any products, information, and other content Todspot makes available through the services are intended to support the relationship between you and your healthcare providers and not replace it. Your use of the services does not create or constitute a patient-psychotherapist relationship, and you agree you do not have an expectation of privacy regarding any information you share via the services. Nor does Todspot have any confidentiality obligation with respect to any such information. Not all activities described on the services are suitable for everyone. While we may reference certain results, outcomes, or situations, you understand and acknowledge that we make no guarantee as to the accuracy of any statements, third party or otherwise, contained in the services, or that you will benefit from or have successful outcomes based on your implementation of the information and/or techniques provided through the services and/or products. You understand and agree that you are solely responsible for your use of the services. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using Services, Products, Content, and related materials.

The limitations and disclaimers in this section do not purport to limit liability or alter your rights beyond what is permitted by applicable law. Todspot’ liability shall be limited to the extent permitted by law.

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and Todspot regarding the use of the Services and Products and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Todspot.

Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services or Products shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Francisco County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Todspot of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Todspot to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Changes to Terms of Service

Todspot reserves the right to modify or update these Terms of Service at any time without prior notice to you. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services or Products after the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

Contact Us

If you have any questions or comments about these Terms of Service, please contact us at [email protected]

Effective as of May 1st, 2020