These terms and conditions govern the way in which we supply products to you, including any membership training and e-courses.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these terms are hereby reserved.
You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.
BY USING THE SYNC COMMUNITY, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.
OVERVIEW
The terms “we,” “us,” and “our” refer to Sync Con & The Sync Community. The term the “Site” refers to THE SYNC COMMUNITY MEMBERSHIP AND COURSE SITES.. The terms “user,” “you,” and “your” refer to site visitors, customers, members, subscribers and any other users of the site.
SERVICE
SyncCommunity is a membership and course provider site by Sync Con for music licensing online training, courses, resources and other content relating to planning, creating, marketing and growing a membership site (the “Service”).
Use of this site, including all materials presented herein and all online services provided by Sync Con & The Sync Community, a subsidiary of Music Blvd Group, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Parties agree that the Service is in the nature of education. The scope of services provided by Sync Con & The Sync Community according to this Agreement are limited to those listed on this website. Sync Con & The Sync Community reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice. Services provided here are based on several experience levels and knowledge, Therefore, no guarantees or results are promised or offered.User shall utilize content at it's own discretion.
Sync Community is not at liberty or required to provide information source, opportunity source, placement source or content source, in any way, shape or form.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. Sync Con & SyncCommunity makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Sync Con & SyncCommunity disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
The content provided on the Sync Community does not guarantee any outcome or authenticity. The user is at liberty and free will to use it’s content. The user is not allowed to copy, extract, and/or resell content garnered from the Sync Community. The user is prohibited from using the data to spam or use unlawfully.
ACCOUNT CREATION
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Sync Con & SyncCommunity will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You cannot share login information with any other person in anyway shape or form. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. 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 shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
You agree to indemnify us against all damages, costs, losses, and/or ALL expenses, which may include but not limited to court or legal fees from or in connection with, any breach of these terms and conditions.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Sync Con & SyncCommunity when there are reasonable delays in the access of the Service.
Sync Con & SyncCommunity reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
You may also cancel your monthly subscription at any time via your account page but due to the nature of the Service no refunds will be made for any membership fees already paid.
Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
Our online offerings are divided into two.
1. Full Courses (One Time Purchase)
Our Full course orders are NOT eligible for refund, cancellation or transfer. A refund is ONLY granted if you have not been provided with your registration confirmation login. Furthermore, There will be no refunds for any Full Courses (or curricula) once a course has been accessed in any manner
Online Full courses may NOT be transferred to another Participant.
2. Monthly Sync Community Membership
Our Sync Community Monthly Membership is a digital based access portal, on a monthly re-occurring fee basis, and are NOT eligible for refund or transfer.
Your Sync Community Monthly Membership may NOT be transferred to another Participant.
Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy. You may cancel by logging into your dashboard and simply cancelling at any time.
AUTOMATIC MONTHLY RENEWAL TERMS:
Once you subscribe, The Sync Community will automatically process your Monthly Subscription fee in the next billing cycle.The Sync Community will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".
Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service. After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.
AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription.
For example, let's say you purchased an Annual Subscription beginning in May 2020 and ending in April 2021. We will bill you for the second year (May 2021 to April 2022) in May 2021, unless you cancel your Annual Subscription before May 2021. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, The Sync Community will automatically process your Annual Subscription fee at the then-current Annual Subscription rate. We explain how to cancel your Annual Subscription below at the Section "Cancellation Policy".
Cancellation Policy
Cancellation Policy: You may cancel your Monthly or Yearly Subscription at any time by logging into your account, clicking on Account/My Dashboard/Settings and click on “Cancel Subscription”. You are responsible for cancelling your monthly subscription, should you choose to end it, otherwise, the recurring charges continue month to month/year to year. If you need help, please feel free to contact us via email at [email protected]
If you cancel your Monthly Subscription, the cancellation will take effect for your The Sync Community monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect and accompanying subscriber benefits and access will continue for the remainder of the current monthly billing period..Your cancellation will become effective at the end of your current monthly billing period.
Cancellation Policy for Annual Subscription Renewals Cancellation Policy for Annual Subscription Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year. You may cancel your Monthly Subscription at any time by logging into your account, clicking on Account/My Dashboard/Settings and click on “Cancel Subscription”. If you need help, feel free to contact us via email at [email protected]
If you cancel your The Sync Community Subscription you can re-subscribe any time.
REFUND POLICY
Users who register for a monthly or yearly recurring membership subscription or purchases a “ one-time” training course are not eligible for a refund once membership confirmation email and access has been provided to the user. Due to the propriety materials and content of The Sync Community courses and memberships, online training course orders are NOT eligible for refund, cancellation or transfer.
No Returns: This is a digital training/service based membership portal. There are no returns for services already provided and accessed. Proof of access shall be verified by The Sync Community via the User’s Activity Log Page and Login Log Page.
MEMBERSHIP TERMS:
User pays for all subscription fees, and hereby authorizes THE SYNC COMMUNITY (and its payment processors) to debit Subscriber’s bank account or charge Subscriber’s credit card, as stated on Subscriber’s subscription, billing page, and terms and condition’s page. Subscriber agrees that all subscriptions are recurring and will renew automatically. Once you subscribe, will automatically process your Membership fee in the next billing cycle. The Sync Community will continue to automatically process your Membership fee each month based on the subscription package you select, until you cancel your Membership. If you do cancel before the billing date, you will automatically be the next month.
Cancellation for Membership: You may cancel your Monthly Subscription at any time by logging into your account, clicking on Account/My Dashboard/Settings and click on “Cancel Subscription”. If you need help, feel free to contact us via email at [email protected]
If you cancel your Membership, the cancellation will take effect for your next The Sync Community monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect. If you cancel your Membership you can re-subscribe any time. Subscriber acknowledges and accepts that all subscription fees are charged automatically on a recurring basis until the Subscriber cancels their subscription (both month-to-month and annual plans). Subscriber may cancel their subscription by logging into their SYNC COMMUNITY
https://synccommunity.thinkific.com/account clicking on Account/My Dashboard/Settings and click on “Cancel Subscription”. If you need help, feel free to contact us via email at [email protected]
A confirmation email receipt is sent to the Subscriber with the expiration date of the subscription as proof of cancellation. Should you not receive one, you have not cancelled your service. Please email us directly should you need any assistance at [email protected]
Subscriber can learn how to cancel, delete, or update here https://synccommunity.thinkific.com/pages/faq
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, Sync Con & SyncCommunity may provide access to a community or social media platforms in conjunction with the Service. Sync Con & SyncCommunity is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and Sync Con & SyncCommunity may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Sync Con & SyncCommunity will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Sync Con & SyncCommunity is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Sync Con & SyncCommunity brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply toSync Con & SyncCommunity. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Sync Con & SyncCommunity remains yours to the extent that you have any legal claims therein. You agree to hold Sync Con & SyncCommunity from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Sync Con & SyncCommunity for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Sync Con & SyncCommunity, including trademarks, copyrights, proprietary information, and other intellectual property. Sync Con & SyncCommunity’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Sync Con & SyncCommunity’s copyrighted materials shall remain the sole property of Sync Con & SyncCommunity. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information.
The content provide on the Sync Community does not guarantee any outcome or authenticity. The user is at liberty and free will to use it’s content. The user is not allowed to copy, extract, and/or resell content garnered from the Sync Community. The user is prohibited from using the data to spam or use unlawfully.
We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
ACCESS
Members under the free trial period/promotional entry - 30 day trial period, shall have limited/no access to certain courses in the membership portal. Only full paying (monthly) members are granted 100% access to the entire membership portal and it's content.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Disclaimer: While we work to ensure that the information accessed on this site is correct, on occasion these information may change, and/or different information than that shown on our Web site. We recommend that you do not solely rely on the information presented and that you always verify ALL information before using. Content on this site is for reference purposes and is not intended to substitute for legal advice or guarantee any results.
Will you reimburse me for any damage caused by misinformation on the site?
The site is provided “as is” so we are not responsible for any damage or misinformation. By using this site, you accept this limitation and take full responsibility of your use of the materials we provide. You cannot sue Sync Con, The Sync Community or licensors if anything happens when you act on inaccurate information. If you see anything you think should be changed, however, please contact us.
DISCLAIMER
Should you enroll in our membership or courses, be aware that these programs are delivered to you for educational and informational purposes only. Should you decide to continue by subscribing or purchasing a course, then You agree to abide by all policies and procedures as outlined in these Terms as a condition to participate and enjoy our Service.
You understand that you’re entering into a non-exclusive relationship with The Sync Community, and that its staff is not a law firm, lawyer, investment advisor, doctor, engineer, therapist, public relations or business manager, neither a registered dietician, or financial analyst, psychotherapist or accountant. Client understands that the Company has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for the Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to the Company’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Program, and its related additional services, if any.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
ACCURACY AND PERSONAL RESPONSIBILITY
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
NO GUARANTEES AS TO RESULTS
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL
The Company from time-to-time provides various courses, subscriptions, programs, and associated material for sale on its Websites. Should you decide to purchase or subscribe, the Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses or membership, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
GUESTS INTERVIEWS, AND TESTIMONIALS
The Company may, from time to time, provide information from a third party in the form of a podcast, testimonial, guest interview, interview on other platforms, guest blog post, or other media. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any video testimonial, written testimonial, interview, or other medium offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
USER RESPONSIBILITY
The Program is developed for strictly educational purposes ONLY. Client accepts and agrees that User is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. User understands that because of the nature of the program and extent, the results experienced by each user may significantly vary. User acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that User will reach their goals as a result of participation in the membership or courses. Membership or courses education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The Company assumes no responsibility for errors or omissions that may appear in any program materials.
INDEPENDENT CONTRACTOR STATUS
Nothing in these Terms is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
LIMITATION OF LIABILITY
User agrees they used Company’s services at their own risk and that Program is only an educational service being provided. User releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the memberships or courses are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter "Releasees") from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. User accepts any and all risks, foreseeable or unforeseeable. User agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, OUR WEBSITE, THE PROGRAM OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT, SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN THE PROGRAM OR ONE HUNDRED DOLLARS (USD $100). Company assumes no responsibility for errors or omissions that may appear in any of the memberships or courses materials.
THIRD PARTY WEBSITES
The membership and courses may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Company has no control over such sites and resources and The Sync Community is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Program are between you and the third party, and you agree that the Company is not liable for any loss or claim that you may have against any such third party.
NON-DISPARAGEMENT
The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT
The Client may not assign this Agreement without express written consent of the Company.
INDEMNIFICATION
User shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. User shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. User recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in The Sync Community, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge The Sync Community and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venues or digital platforms where the services are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter "Releasees") of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the membership or courses.
RESOLUTION OF DISPUTES
You agree that you are solely responsible for your interactions with any other user in connection with the memberships and courses, and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Program.
You agree and accept that the only venue for resolving a dispute with the Company shall be in the venue set forth herein in these Terms. If you have any dispute with the Company, you agree that before taking any formal action, you will contact us at The Sync Community and [email protected], and provide a brief, written description of the dispute and your contact information (including your full name, email and telephone number). If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to these Terms will be resolved through arbitration according to the rules and procedures of the American Arbitration Association. The arbitration will be confidential and binding. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. Unless you and the Company, both agree to another location or telephonic arbitration, the arbitration shall occur in the city of Los Angeles (Los Angeles, United States of America), before a single arbitrator within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of User, User is responsible for any and all arbitration costs and reasonable attorney fees.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. You and the Company, agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending a written notice of your decision to opt out to The Sync Community at the address identified in this section. The notice must be sent within thirty (30) days of your first date that you receive access to the Program. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs.
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND THE SYNC COMMUNITY REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLLMENT IN OUR PROGRAMS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of these Terms, "personal delivery" includes notice transmitted by email to: [email protected]
GOVERNING LAW; MISCELLANEOUS
These Terms shall be governed by and construed in accordance with the laws of the State of Los Angeles, United States of America, without regard to principles of conflicts of law. These Terms shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. These Terms constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.
ADDITIONAL DISCLAIMERS
Every effort has been made to accurately represent the learning opportunities associated with the memberships, courses, and its related services. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by mentioned companies, individuals, or associates. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a "get rich scheme."
Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions. Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward looking statements here or on any of our memberships or course materials are intended to express our opinion of potential outcomes. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
CHANGES TO THESE TERMS
The Company may modify terms of this agreement at any time, and at the Company’s sole discretion. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Program's user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Program or changes made for legal reasons will be effective immediately. Your continued use of the Program and our websites after the date any such changes become effective constitutes your acceptance of the new Terms. In addition, when using certain Company’s services, you will be subject to any additional terms applicable to such services that may be posted on these Terms from time to time. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
If you require further clarification about these Terms, please contact [email protected]
Last Revision: March 1 , 2020