Last updated 25 october 2023
AGREEMENT TO OUR LEGAL TERMS
We are Motivate Her Succes (“Company,” “we,” “us,” “our”). Our VAT number is NL004160715B03
We operate, as well as any other related products and services that refer or link to
these legal terms (the “Legal Terms”) (collectively, the “Services”)
Website and Digital Product Description
Welcome to www.motivatehersuccess.com, your destination for high-quality digital products. At [Your Company Name], we’re dedicated to providing you with a seamless experience in acquiring digital goods that will enhance your digital lifestyle.
Our Digital Products
We offer a range of meticulously crafted digital products that span various categories, from educational resources and creative assets to software tools and entertainment content. Each product is designed to meet your specific needs, whether it’s professional development, creative inspiration, or leisurely enjoyment.
Instant Access
What sets us apart is our commitment to delivering your chosen digital products instantly. As soon as your payment is processed, you’ll gain immediate access to your digital purchases. There are no shipping delays or wait times. Your product is ready for you at the click of a button, making your online shopping experience quick
Secure Transactions
We understand the importance of security in your online transactions. Our website is equipped with state-of-the-art encryption and secure payment gateways to ensure your personal and financial information is kept safe.
User-Friendly Experience
We’ve designed our platform with you in mind. Navigating through our website is simple and intuitive, ensuring a hassle-free shopping experience. Browse, purchase, and download with ease.
Customer Support
Your satisfaction is our priority. If you have any questions, encounter issues, or simply want to reach out, our customer support team is ready to assist you. Feel free to contact us, and we’ll be happy to help.
By using our website and purchasing our digital products, you agree to our Terms and Conditions. We encourage you to read and understand these terms for a smooth and enjoyable experience with us.
Thank you for choosing [Your Company Name] for your digital product needs. We look forward to enhancing your digital journey with our exceptional offerings.
You can contact us by email at info@motivathersuccess.com or by mail to Gouden medaillepad 7, Almere, Flevoland 1361CK, Netherlands
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you), and Motivate Her Success, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE THE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
Z. REFUNDS POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. ADVERTISERS
13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. COPYRIGHT INFRINGEMENTS
16. TERM AND TERMINATION
17. MODIFICATIONS AND INTERRUPTIONS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
20. CORRECTIONS
21. DISCLAIMER
22. LIMITATIONS OF LIABILITY
23. INDEMNIFICATION
24. USER DATA
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. CALIFORNIA USERS AND RESIDENTS
27. MISCELLANEOUS
28. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own
Initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Data Privacy, Student Protection, and Customer Privacy Clause
Data Privacy and Protection
Educational Technology Platforms: In compliance with the Family Educational Rights and Privacy Act (FERPA) and the Children’s Online Privacy Protection Act (COPPA) in the United States, we are dedicated to ensuring the privacy and protection of student data. Student data collected by our educational technology platform is used exclusively for educational purposes, such as personalizing learning experiences and tracking progress. We obtained parental consent for the collection of data from students under the age of 13. We maintain robust security measures to safeguard student data and provide parents, legal guardians, and eligible students with the right to access and review their data
.
E-commerce Platforms: For e-commerce operations, we adhere to consumer protection laws specific to our location and markets served. We prioritize data privacy, especially when collecting and storing customer information. Our commitment to safeguarding customer privacy extends to compliance with regulations such as the General Data Protection Regulation (GDPR) in Europe. This stringent regulation mandates the protection of personal data, and we ensure strict adherence to GDPR principles.
Data Usage and Transparency
Educational Technology Platforms: Data collected from students is utilized to enhance the educational experience, such as personalizing content and monitoring progress. We do not employ data for purposes unrelated to education or share it with third parties without appropriate consent
.
E-commerce Platforms: Customer data is employed for order processing, communication, and personalizing the shopping experience. We respect customer privacy and do not use data for purposes other than those directly related to our e-commerce services.
Data Security and Privacy
We implement industry-standard security measures to protect user data, regardless of whether it pertains to students’ educational records or customer information. While we maintain high standards of data security, users acknowledge the inherent risks associated with online systems.
User Rights and Inquiries
Parents, legal guardians, and eligible students have the right to access, review, and request changes to student data. Customers can exercise their privacy rights by contacting our customer support.
Contact Information
For any inquiries related to data privacy, protection, and access to personal data, please reach out to our Data Protection Officer (DPO) at [contact information].
By utilizing our platform, users acknowledge and consent to the terms of this Data Privacy, Student Protection, and Customer Privacy Clause. Further details regarding our data privacy practices and user rights can be found in our Privacy Policy.”
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights of our Services, Including all source code, databases, functionality, software, website designs, audio Video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”)
Our Content and Marks are protected by copyright and trademark laws (and various Other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your
Personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED
ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable
License to.
· Access the Services; and
· Download or print a copy of any portion of the Content to which you have
properly gained access
Solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms no part of the
Services and no Content or Marks may be copied, reproduced, aggregated republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@motivathersuccess.com
If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors Of the Services, Content, or Marks and ensure that any copyright or proprietary notice Appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and Contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
When you post contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, except(in whole or in part), and exploit your contributions. (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media format and through any media channels.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions
through any part of the Services or making Contributions accessible through the Services to any of your social networking accounts, you:
· confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any illegal submission, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading:
· to the extent permissible by applicable law, waive any moral rights to any such Submission and /or contributions;
· warrant that any such Submission and/or contributions are original to you or that you have the
· necessary rights and licenses to submit such Submissions and/ contributions and that you have
· full authority to grant us the above-mentioned rights about your Submissions and or contributions; and
· warrant and represent that your Submissions and/or contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or contributions and you expressly agree to
reimburse us for any losses that we may suffer because you breach
(a)his section
(b) any third party’s intellectual property rights
(c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) you have the legal capacity
and you agree to comply with these Legal Terms
(2) you are not a minor in the
jurisdiction in which you reside
(3) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise
(4) you will not use the Services for any illegal or unauthorized purpose; and
(5) your use of the Services will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete we have the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to use the Services. You agree to keep the password conditional and will be responsible for all use of your account password, We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is improbable, obscene, or otherwise objectionable.
5. Products
All products are subject to availability. We reserve the right to discontinue at any time for any reason. Prices for all products are subject to change.
6. Purchases and Payment
We accept the following forms of payment:
Mollie
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in euros.
You agree to pay all charges at the prices then in effort for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order, We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
7. REFUNDS POLICY
All sales are final and no refund will be issued.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that which we make the Services
available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
· Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
· Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
· Circumvent, disable, or otherwise interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or enforce limitations on the use
of the Services and/or the Content contained therein.
· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
· Use any information obtained from the Services in order to harass, abuse, or harm another person.
· Make improper use of our support services or submit false reports of abuse or misconduct.
· Use the Services in a manner inconsistent with any applicable laws or regulations.
· Engage in unauthorized framing of or linking to the Services.
· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies
impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
· Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
· Delete the copyright or other proprietary rights notice from any Content.
· Attempt to impersonate another user or person or use the username of another user.
· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” “passive collection mechanisms” or “PCM”).
· Interfere with, disrupt, or create an undue burden on the Services or the networks or services
connected to the Services
· Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing
any portion of the Services to you.
· Attempt to bypass any measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
· Copy or adapt the Services software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
· Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any
of the software comprising or in any way making up a part of the Services.
· Except as may be the result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services, or uses or launches any unauthorized script or other software.
· Use a buying agent or purchasing agent to make purchases on the Services.
· Make any unauthorized use of the Services, including collecting usernames and/or email
addresses of users by electronic or other means to send unsolicited emails, or
creating user accounts by automated means or under pretenses.
· Use the Services as part of any effort to compete with us or otherwise use the Services and/or the
content for any revenue-generating endeavor or commercial enterprise.
· Use the Services to advertise or offer to sell goods and services.
9 USER-GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums
And other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, Perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal Information or other material (collectively, “Contributions”). Contributions may be viewable by other users
Of the Services and through third-party websites. As such, any Contributions you transmit may be treated As non-confidential and non-proprietary. When you create or make available any Contributions, youthereby represent and warrant that:
· The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions does not and will not infringe the proprietary rights
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
· You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permission to use and to authorize us, the Services, and other users of the Services to use your
contributions in any manner contemplated by the Services and these Legal Terms.
· You have the written consent, release, and/or permission of every identifiable individual
person in your Contributions to use the name or likeness of every such identifiable
individual person to enable inclusion and use of your Contributions in any manner contemplated by
the Services and these Legal Terms.
· Your Contributions are not false, inaccurate, or misleading.
· Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
· Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous
or otherwise objectionable (as determined by us).
· Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
· Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other
· Or Person and to promote violence against a specific person or class of people.
· Your Contributions do not violate any applicable law, regulation, or rule.
· Your Contributions do not violate the privacy or publicity rights of any third party.
· Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
· Your Contributions do not include any offensive comments that are connected to race, national
Origin, gender, sexual preference, or physical handicap.
· Your Contributions do not otherwise violate, or link to material that violates, any provision of these
legal Terms, or any applicable law or regulation
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among
other things, termination or suspension of your rights to use the Services.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you. automatically grant, and you represent and
warrant that you have the right to grant, us an unrestricted, unlimited, irrevocable, perpetual, non-
exclusive, transferable, royalty-free, fully paid, worldwide right, and license to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes
our use of your name, company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you provide. You waive all moral
rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided by
you in any area of the Services. You are solely responsible for your Contributions to the Services and you
expressly agree to exonerate us from any responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the
Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.
Ne have no obligation to monitor your Contributions
11. GUIDELINES FOR REVIEWS
We may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful or language; (3) your reviews should not contain discriminatory references based on religion, race, gender, on national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity, (5) you should not be affiliated with competitors if posting negative reviews; if (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to
screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
If reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our Affiliates or partners. We do not assume liability for any review or any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive,worldwide, royalty-free fully paid, assignable, and sublicensable right and license to reproduce, modify translate, transmit by any means, display, perform, and/or distribute all content relating to the review.
12. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the
Services, such as sidebar advertisements or banner advertisements. We simply provide the space to
place such advertisements, and we have no other relationship with advertisers.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation,
(1) to monitor the Services for violations of these Legal Terms
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law enforcement authorities
(3) in our sole discretion and without limitation, refuse, restrict access to limit t the availability of or disable ( (to
the extent t technologically feasible) any of your Contributions of any portion thereof
(4)i in our sole discretion and without! limitation, notice, or liability to remove from the Services Or otherwise disable all
files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy policy: https://motivatehersuccess.com/privacy-policy By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are Hosted in the Netherlands. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Netherlands, through your continued use of the Services, you are transferring your data to the Netherlands and you expressly consent to have your data transferred to and processed in the Netherlands.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to theperson who posted or stored the material addressed in the Notification. Please be advised that pursuant
To applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your Copyright, you should consider first contacting an attorney.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. Without limiting
Any other provision of these legal terms, we reserve the right to, in our sole. Discretion and without notice or liability, deny access to and use of the services (including blocking certain IP addresses), to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or Covenant contained in these legal terms or of any applicable law or regulation. We May terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve The right to take appropriate legal action, including without limitation pursuing civil, criminal, and
Injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of the Netherlands, and you irrevocably consent that the courts of the Netherlands shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Lega
Terms (each a “Dispute” and collectively, the ‘Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties’), the Parties agree to first attempt to negotiate any Dispute (except those disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen by the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which is in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Almere, Netherlands. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the Netherlands.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (0) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity to of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions including descriptions, pricing, vailability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
21. DISCLAIMER
The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, Fitness for a particular purpose, and non-infringement. We make no warranties or
Representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services and we will.
Assume no liability or responsibility for any
· Errors, mistakes, or inaccuracies of content and materials
· Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services
· Any Unauthorized access to or use of our secure servers and/or any persona
information and/or financial information stored therein
· Any interruption or Cessation of transmission to or from the services
· Any bugs, viruses, trojan horses the like that may be transmitted to or through the services by any third party/or
· Any errors or omissions in any content and materials or for any loss om
image of any kind incurred as a result of the use of any content posted, transmitted
or is otherwise made available via the services.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
22. LIMITATIONS of LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive, damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us. Certain state laws and International laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
23. INDEMNIFICATION
you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
· Your contributions
· Use of the services
· Breach of these legal terms
· Any breach of your representations and warranties outlined in these legal terms
· Your violation of the rights of a third party, including but not limited to intellectual property rights
· Any overt harmful act toward any other user of the services with whom you connected via the services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the services to manage the performance of the services, as well as data relating to your use of the services. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the services, sending us emails, and completing online forms constitute electronic Communications. You consent to receive electronic communications, and you agree that all agreements Notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication is in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the complaint assistance unit of The Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., suite n 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These legal terms and any policies or operating rules posted by us on the services or in in r respect to the Services constitute the entire greement and understanding between you and us. Our failure to exercise or enforce any right or provision of these legal terms shall not operate as a waiver of such right or provision. These legal terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these legal terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these legal terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these legal terms or use of the Services. You agree that these legal terms will not be construed against us by having drafted them. You hereby waive any defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
28. CONTACT US
To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:
Motivate Her Success
Gouden medalled 7
Almere, Flevoland 1361CK
Netherlands
Phone: 0645794785
Email: Info@motivatehersuccess.com