This Agreement sets forth your rights and obligations as an Accurate Body Language user. By clicking “I Agree,” you indicate that you have read and understood this Agreement and you will be bound by its Terms.
“Accurate Body Language,” “ABL,” “Company,” “We,” “Us,” “Our,” or any doing business as “D/B/A” related companies of Accurate Body Language means Accurate Body Language LLC, the owner of all trademarks, copyrights, products, and services offered and sold by the company. References to “Accurate Body Language,” “ABL,” “Company,” “We,” “Us,” “Our,” “D/B/A” as a Party mean and refer to the parent company(ies), members, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, agents, paid and unpaid entities, and assigns of Accurate Body Language, LLC.
“Parties” mean Accurate Body Language and you. Accurate Body Language and you are each a “Party.”
“User” refers to a person who has created an Accurate Body Language account. “User Account” refers to a user’s Accurate Body Language account.
“You” and “Your” means the Accurate Body Language user who has executed this Agreement by clicking “I Agree.”
ACCURATE BODY LANGUAGE USER
By clicking “I Agree” to these Terms, transferring payment to Accurate Body Language, and creating a user account, you become an Accurate Body Language user.
Accurate Body Language may offer products, services, pricing options, installment plans, and credit card payment for single transactions as well as continuous monthly or annual memberships and subscriptions. Credit card payment is a requirement to set up an Accurate Body Language user account. Automatic credit card billing and processing is a requirement for monthly or annual Accurate Body Language membership or subscriptions.
Accurate Body Language products, services, prices, and payment options are posted on our website or webpages and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted. By clicking “I Agree” and providing Accurate Body Language your credit card information, you authorize Accurate Body Language to charge your credit card in the amount indicated for the value of the product, services, payment option, subscription, or membership that you select, including any future price changes. If you request a downgrade in services, the downgrade and corresponding price reduction will become effective on the first day of the month following your requested downgrade. By your continued use of Accurate Body Language services, and unless you terminate this Agreement as provided herein, you agree that Accurate Body Language may charge your credit card monthly for the product, services, payment option, subscription, or membership you have selected, and you consent to any price changes for such services. Should your credit card be declined for any reason you must immediately provide a different credit card that leads to successful payment. Any non-payment of your membership may result in either the failure to start or the termination of existing pricing of products, services, subscription, and membership at the time of the non-payment.
TERM and TERMINATION
Your user contract with Accurate Body Language begins when you click “I Agree,” to purchase a: single payment transaction of a product or service, or a continuous month-to-month subscription or annually membership until either:
A. Accurate Body Language cancels your account due to your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to your breach, you will not be entitled to pro-rate your last month’s use and you will not be entitled to any refund for any payments you have made to Accurate Body Language nor the ability to continue to receive the initial promotion benefit if that promotion has expired. In addition, you will forfeit any payments made and will be liable for the remaining time and balance of your term or membership regardless of the trial period and Accurate Body Language can cancel at our discretion immediately.
B. You provide Accurate Body Language ten (10) days e-mail notice, as provided herein, of your cancellation of your subscription or membership account. If you provide such notice less than ten (10) days before the first day of the next month, your credit card may still be charged. You will not be entitled to pro-rate your last month’s use and you will not be entitled to any refund for any payments to Accurate Body Language.
C. Your credit card or Accurate Body Language’s charge is denied for any reason and you do not provide Accurate Body Language a different credit card to immediately and successfully complete the transaction.
ACCESSING WEBSITE and ACCOUNT SECURITY
By your continued use of the products and services of Accurate Body Language, and unless you terminate this Agreement as provided herein, you manifest your agreement to any subsequent changes to the Terms.
INFORMATION; REGISTRATION; USER NAMES and PASSWORDS
ASSIGNMENT OF RIGHTS
Accurate Body Language may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned by without the express written consent of Accurate Body Language or its assigns.
ONLINE PURCHASES, REFUNDS, TERMS and CONDITIONS
Accurate Body Language may offer one or more products, services, payment plans, subscriptions, and membership programs on our websites; applicable pricing are stated on the applicable order form. All purchases through our websites are final and will not be refunded except as expressly stated herein.
Notwithstanding the foregoing, a user may cancel subscription or membership in the applicable program for any reason and obtain a full refund of first membership payment if user emails firstname.lastname@example.org (1) within 30 days of making first membership payment of the Accurate Body Language program; or (2) within 14 days of making first membership payment during a specific promotion featuring a 14 day trial period.
REFUNDS FOR “HARD GOODS”
If you have purchased a “hard good” (for example, a book, calendar, CD, MP3 player, or other tangible product) from Accurate Body Language sold under any of its brands or related brands, you may receive a refund if you comply with the following conditions:
1. You must request a refund in writing by contacting email@example.com;
2. Your request for a refund must be made within thirty (30) days of your purchase or within 14 days of making first membership payment during a specific promotion featuring a 14 day trial period.
3. You must return the hard goods to Accurate Body Language immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to Accurate Body Language in new or re-sellable condition as determined in Accurate Body Language’s sole, reasonable discretion.
5. No refunds shall be refunded until all hard goods are received, processed, and accessed for new or re-sellable condition.
INTELLECTUAL PROPERTY RIGHTS
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Accurate Body Language, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Violation of this section is strictly prohibited without the express, written permission of Accurate Body Language. For information on requesting such permission, contact us at firstname.lastname@example.org.
You must not (1) modify copies of any materials from the website; (2) use any illustrations, photographs, video or audio sequences or any graphics from the website separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the website. You must not access or use for any commercial purposes any part of the website or any services or materials available through the website.
“Accurate Body Language,” “Accurate Body Language, LLC,” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Accurate Body Language. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
NO LICENSE TO USE ACCURATE BODY LANGUAGE MARKS
Any content on any Accurate Body Language website may constitute the intellectual property of Accurate Body Language. Except where expressly authorized, no material on any Accurate Body Language website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Any trademark and logo are proprietary marks of Accurate Body Language, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Accurate Body Language or any affiliates of Accurate Body Language.
These content standards apply to any and all user contributions and use of Interactive Services. User contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
Further requirements regarding the conduct that is expected of all users of the website may also be found via posts from Accurate Body Language on the website and you agree to comply with such requirements.
LINKING to the WEBSITE and SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The website may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the website; (b) send e-mails or other communications with certain content, or links to certain content, on the website; or (c) cause limited portions of content on the website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
LINKS from the WEBSITE
If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
MONITORING and ENFORCEMENT; TERMINATION
To the extent you are involved in a subscription or membership program on the website, either you or Accurate Body Language can cancel your participation in any of our subscription or membership programs at any time and for any reason. Except for refunds pursuant to any specified refund periods in any payment terms entered into between you and Accurate Body Language, no refunds for previous months of subscription or membership will be given in the event you or Accurate Body Language terminates your subscription or membership in the website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS ACCURATE BODY LANGUAGE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ACCURATE BODY LANGUAGE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ACCURATE BODY LANGUAGE OR LAW ENFORCEMENT AUTHORITIES.
We cannot and/or do not undertake to review all material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
MESSAGING, WEBINAR, or VIDEO CONFERENCING SOFTWARE
If you use any Accurate Body Language-provided webinar, social media, video, digital meeting, or teleconferencing messaging software or applications now existing or which may in the future be created, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the Federal Telephone Consumer Protection Act (“TCPA”). You further agree to indemnify and defend Accurate Body Language from any claims, damages, losses, and lawsuits of any kind or nature that may be made against Accurate Body Language relating in any way to your violation of law or third-party rights by use, nonuse, or misuse of any Accurate Body Language-provided webinar, social media, video, digital meeting, or teleconferencing messaging software or applications. You further understand and agree that Accurate Body Language has no control over, and therefore cannot be responsible for, the functionality or failures of any third party software, including without limitation webinar, social media, video, digital meeting, or teleconferencing messaging software or applications, and internet browser notifications. Accurate Body Language DOES NOT WARRANT THAT ANY ACCURATE BODY LANGUAGE-PROVIDED WEBINAR, VIDEO, SOCIAL MEDIA, VIDEO, DIGITAL MEETING, OR TELECONFERENCING MESSAGING SOFTWARE OR APPLICATION WILL BE COMPATIBLE WITH ANY THIRD PARTY SOFTWARE.
RELIANCE on INFORMATION POSTED
The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.
This website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials may or may not in whole or in any part accurately reflect the values, opinions, or positions of Accurate Body Language. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
NO WARRANTY; NO LEADS
Accurate Body Language does not promise, guarantee or warrant your personal or business outcome, success, income, or sales. You understand and acknowledge that Accurate Body Language will not at any time provide sales leads or referrals to you.
ACCURATE BODY LANGUAGE WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACCURATE BODY LANGUAGE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY ACCURATE BODY LANGUAGE WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. ACCURATE BODY LANGUAGE MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY ACCURATE BODY LANGUAGE WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY ACCURATE BODY LANGUAGE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY ACCURATE BODY LANGUAGE WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY ACCURATE BODY LANGUAGE WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Accurate Body Language websites may include inaccuracies, errors, and materials that conflict with these Terms. In the event of any conflict between anything posted on any Accurate Body Language website and these Terms, these Terms shall control.
LIMITATION of LIABILITY
YOU AGREE THAT IN NO EVENT SHALL ACCURATE BODY LANGUAGE LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED MORE THAN THE AMOUNT YOU PAID TO ACCURATE BODY LANGUAGE FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST ACCURATE BODY LANGUAGE OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
IN NO EVENT WILL ACCURATE BODY LANGUAGE, ITS MEMBERS, AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE MEMBERSHIP PROGRAMS AVAILABLE THROUGH THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF PERSONAL OR BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Accurate Body Language will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Accurate Body Language. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Accurate Body Language shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
RELEASE/AUTHORIZATION to USE PHOTOGRAPHS
You grant Accurate Body Language permission to use any and all photographs, stories, video, audio, or digital recordings, taken by Accurate Body Language, its agents, or employees, or submitted by you to Accurate Body Language as well as all written endorsements of Accurate Body Language that you provide to us, or that you post on social media (e.g., posts, texts, and messages sent to Accurate Body Language are hereinafter referred to as “Photographs”) in any media (including print, book publication, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing, marketing research, and packaging of Accurate Body Language or any product or service sold and marketed by Accurate Body Language. You agree that this authorization to use Photographs may be assigned by Accurate Body Language to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in the sole discretion of Accurate Body Language. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Accurate Body Language in exchange for this Release and Assignment. You hereby release and forever discharge Accurate Body Language from any and all liability and from any potential damages you may or may not suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon your heirs and assigns and is irrevocable.
Additionally, you agree not to (1) use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website; (2) use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website; (3) use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of the website; (5) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website; (7) attack the website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the website.
Accurate Body Language has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to the reputation of Accurate Body Language; and the violation of the rights of Accurate Body Language or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to the reputation of Accurate Body Language and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, racist, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs, or that violates the intellectual property rights of another.
COMPLIANCE WITH LAW
Your use of our products and services must comply with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you, us, and any recipient to whom you use our services to send Digital Messages (“Applicable Law”). You have the responsibility to be aware of and understand all applicable laws and ensure that you and all users of your account comply at all times with applicable law. Some examples of applicable laws include: the U.S. CAN-SPAM ACT, The E.U. Directive of Privacy and Electronic Communications, the U.K. Privacy and Electronic Communications (EC Directive) Regulations 2003; the Canada Anti-Spam Law (CASL) and/or any similar law, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. Commitment Against Harassment and Interference with Others. You must not use our services to: store, distribute or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive; or commit (or promote, aid, or abet) any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive. Examples may include digital messages that are themselves are or promote racism, homophobia, or other hate speech.
You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted or provided by Accurate Body Language, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
If you have any questions or concerns regarding any of the Terms, you may contact Accurate Body Language by e-mail at email@example.com, or contact Janette Ghedotte by regular mail at 2140 E. Ellsworth Rd, Ann Arbor, Michigan 48108.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
DIGITAL MILLENNIUM COPYRIGHT ACT
Reporting Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the website infringe your copyright, you may request removal of those materials (or access to them) from the website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice“) by submitting written notification to our Copyright Agent (identified below). Pursuant to the DMCA, the Counter-Notice must include (a) your physical or electronic signature; (b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (c) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (d) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the website may be found) and that you will accept service from the person (or an agent of that person) who provided the website with the complaint at issue. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your counter-notice. Please be aware that if you knowingly materially misrepresent that material or activity on the website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is Janette Ghedotte, Founder & CEO of Accurate Body Language who may be contacted by mail at 2140 E. Ellsworth Rd, Ann Arbor, Michigan 48108, or by e-mail to firstname.lastname@example.org.
ARBITRATION, GOVERNING LAW, and ATTORNEY’S FEES
A. ARBITRATION. Any claim or grievance of any kind, nature or description that you have against Accurate Body Language including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Wayne County, Michigan. You agree not to file suit against Accurate Body Language or any of its affiliates, subsidiaries, members, officers, directors, employees, successors, paid or unpaid entities, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by you and Accurate Body Language. In the event that you and Accurate Body Language are unable to reach Agreement on an Arbitrator, you and Accurate Body Language will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Wayne County, Michigan. The arbitrators selected by you and Accurate Body Language will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on you and Accurate Body Language and may be reduced to a judgment in any court of competent jurisdiction. This Agreement to arbitrate survives any termination or expiration of the Agreement.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that you will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim you have against Accurate Body Language to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Accurate Body Language may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this Agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Accurate Body Language from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect the rights of Accurate Body Language prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either you or Accurate Body Language commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
WAIVER and SEVERABILITY
DISCLAIMER of WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ACCURATE BODY LANGUAGE NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ACCURATE BODY LANGUAGE NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WITHOUT LIMITING THE FOREGOING, ACCURATE BODY LANGUAGE IS NOT ACTING AS A PSYCHOLOGICAL, FINANCIAL, OR LEGAL ADVISOR AND DOES NOT GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT OR SPECIFIC OUTCOME FROM USING THE WEBSITE OR FROM PARTICIPATING IN ACCURATE BODY LANGUAGE MEMBERSHIP PROGRAMS LOCATED ON ITS WEBSITES. PLEASE SEE OUR COMPLETE EARNINGS DISCLAIMERS FOR ADDITIONAL DETAILS. ACCURATE BODY LANGUAGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Any notice required to be given to Accurate Body Language under or related to these Terms must be in writing, addressed as follows:
Janette Ghedotte, Founder & CEO Accurate Body Language LLC
2140 E. Ellsworth, Ann Arbor, MI 48108
General Support and Inquiries: email@example.com
Spam or Abuse: firstname.lastname@example.org
Notices to you may be made by posting a notice or a link to a notice by e-mail, or by regular mail, at the discretion of Accurate Body Language.
The owner of the website is based in the United States. Accurate Body Language may choose to market or not to market to other countries at our sole and complete discretion. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance of your local laws.
Data Privacy Shield - GDPR
What is GDPR? It is the EU Data Privacy Shield that became effective on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under European Union. The "Personal Data" definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.
Accurate Body Language is working diligently toward being GDPR compliant and plans to provide specific updates to our terms by the effective date. We take the rights of others very seriously and will support our EU and all other subscribers through this framework as administered. For more information, view our GDPR Policy.
Janette Ghedotte, Founder & CEO | Accurate Body Language, LLC
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