TERMS AND CONDITIONS
Crowdfund Better provides general information on crowdfunding strategies and best practices through individual advising, group coaching, and online teaching (the “Services”). During the Services, you may gain access to an online course, blog, videos, quizzes, reports, templates, worksheets, digital products, and other materials presented to you by Crowdfund Better (the “Materials”).
Use of the Site, Services, and Materials provided by Crowdfund Better, 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, Services, and/or Materials, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Additional key terms as used in these Terms and Conditions:
“Crowdfund Better,” “we,” “us,” and “our” refer to PRIMEIMPULSE INC. DBA CROWDFUND BETTER.
“Site” refers to CROWDFUNDBETTER.COM and any of our courses offered through other websites, including but not limited to Thinkific.com.
“User,” “you,” and “your” refer to Site visitors, customers, and any other users of the Site.
“Agreement” refers to these Terms and Conditions.
1. AUTHORIZED USE OF CROWDFUND BETTER INTELLECTUAL PROPERTY
The Site, Services, and Materials contain intellectual property owned by Crowdfund Better, including trademarks, copyrights, proprietary information, and other intellectual property. For those Materials for which you have paid all required fees, Crowdfund Better hereby grants you a limited, non-exclusive, non-transferable license for access and use, solely for your personal, non-commercial, educational purposes through the Services. You are authorized to view and download one copy of the Materials provided. You shall not use the Materials for any other purpose without our prior written consent. Materials are licensed, and not sold, to you. The foregoing license is subject to these Terms and Conditions and any conditions or restrictions associated with particular Materials.
2. PENALTIES UPON UNAUTHORIZED USE OF MATERIALS
The Materials are copyrighted, and any unauthorized use of any Materials may violate copyright, trademark, and other laws. You shall not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Materials unless Crowdfund Better gives you our explicit prior written consent to do so. You shall keep the Materials confidential and shall not give away, describe, summarize, or otherwise reveal the Materials or their contents to any other person or entity. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you, and any transfer, assignment, delegation, or sublicense by you is invalid. We reserve the right to immediately remove you from the Services, without refund, if you violate this Agreement, in addition to pursuing any remedies available under the law.
3. NO WARRANTY
Information provided on the Site and in the Services and Materials related to crowdfunding and other information are subject to change. Crowdfund Better makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Crowdfund Better disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
4. ADVISORY ROLE ONLY
Crowdfund Better and its employees, officers and agents are not officers, directors, or partners of you or your affiliates, and Crowdfund Better is acting solely in a teaching and advisory capacity. Crowdfund Better cannot, and will not, make decisions on your behalf. Although we seek to provide general guidance on trends, best practices, and opportunities for individuals, projects, and companies seeking to raise money through crowdfunding, Crowdfund Better does not provide legal, tax and regulatory advice. Any final decisions with regard to any of the matters involved in the Services will remain solely those of the User. Crowdfund Better cannot guarantee the results or effectiveness of any of the Services. You acknowledge and agree that nothing in the Site, Services, Work, or in Crowdfund Better’s statements to you has been construed or will be construed as a promise, guarantee or assurance about the success of your crowdfunding campaign or any other matter on which you seek advice.
5. THIRD PARTY RESOURCES
The Site and the Materials contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Crowdfund Better. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6. SIGN UP; ACCOUNT CREATION
In order to use the Services, you may 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 received by Crowdfund Better 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 must not, in the use of the Services, violate any laws in your jurisdiction.
7. LAWFUL PURPOSES
You may use the Site and Services 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 Materials 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.
8. REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or request. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order or request for Services is deemed accepted by us until we receive payment. We may at any time change or discontinue any aspect or feature of the Site or Services, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
9. USER UPLOADS TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “User Uploads”) 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 User Uploads 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 User Uploads. For all User Uploads submitted by you to the Site, you automatically represent and warrant that you have the authority to use and distribute the User Uploads, and that the use or display of the User Uploads will not violate any laws, rules, regulations, or rights of third parties.
10. INTELLECTUAL PROPERTY RIGHTS TO USER UPLOADS
We claim no intellectual property rights over User Uploads you supply to Crowdfund Better. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Services. User Uploads you submit to Crowdfund Better remain yours to the extent that you have any legal claims therein. You agree to hold Crowdfund Better harmless 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 User Uploads on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the User Uploads for promotional, business development, and marketing purposes.
11. 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, Services, or Materials by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, Services, and Materials 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.
12. LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, SERVICES, OR MATERIALS. ADDITIONALLY, CROWDFUND BETTER IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF CROWDFUND BETTER HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CROWDFUND BETTER’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM CROWDFUND BETTER, AND IF NO PURCHASE HAS BEEN MADE BY YOU CROWDFUND BETTER’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site, Services, or Materials. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any such third party claim or waive any defense without our prior written consent.
14. GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Idaho as applied to contracts that are executed and performed entirely in Idaho. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Ada County, ID. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
15. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
800 W. Main St., Ste. 1460
Boise, ID 83702
This Agreement constitutes the entire agreement between you and Crowdfund Better pertaining to the Site, Services and Materials and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Crowdfund Better shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Crowdfund Better. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated, so long as the essential terms and conditions of this Agreement for each party remain valid, binding and enforceable. The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns.