Please note that the Services are offered and available only to users who are 18 years of age or older. By using the Services, you represent and warrant that you met the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Services.
USE OF THIS WEBSITE
The Website’s design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are either the property of Jack Smith, JackSmithJr.com, Unorthodox Training, UnorthodoxTraining.com, Gaining Greatness, GainingGreatness.com, mindsetprinciple.com, Mindset Principle, happinesshustle.com, Happiness Hustle, membershipbusinessacademy.com, or Membership Business Academy. You shall not modify the information or materials on this Website in any way, or copy, reproduce, publicly display, perform, distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
From time to time, this Website may contain links to websites that we do not own, operate, or control. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials, services, or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials, services, or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk.
The contents of this Website, such as text, graphics, images, video information, and other material contained on this Website are for informational and educational purposes only. The contents of this Website are not intended to be a substitute for professional health or medical advice, diagnosis, or treatment. You should always seek your physician or other qualified healthcare provider’s advice for any questions you may have regarding a health or medical condition. You should not disregard professional medical advice or delay in seeking it because of something you have seen, read, or heard on this Website.
While you may use most of the Services without registering, certain Services do require that you register with the Website for them to function properly. If you choose to register with the Website or access certain Services, you may be required to provide certain personal information, such as your name and e-mail address.
When you visit this Website, register with us, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We shall communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send e-mails to you for the purpose of advising you of changes or additions to this Website, about any of our products or services, or for such other purposes as we deem appropriate.
ACCEPTABLE AND PROHIBITED USE
- for any unlawful purpose;
- to solicit others to perform or participate in unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, or laws;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, race, sexual orientation, religion, ethnicity, national origin, body image, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or the Website;
- to collect or track the personal information of others;
- to spam, phish, farm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Services or the Website.
Further, you are prohibited from violating or attempting to violate the security measures on the Services, including, without limitation:
- attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
- sending unsolicited e-mail or commercial electronic messages, including promotions and/or advertising of products or services;
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
- hijacking all or any part of the Services content, deleting or changing any Services content, deploying pop-up messages or advertising, running or displaying this Services or any Services content in frames or through similar means on another website, or linking to the Services or any page within the Services, without our specific written permission.
INTELLECTUAL PROPERTY RIGHTS
ACCURACY OF INFORMATION
We attempt to ensure that the information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or outdated. We make no representation or warranty as to the completeness or accuracy of any information on this Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, and/or may carry a different price than that stated on the Website.
Additionally, we may make changes to information about pricing and availability without notice to you. While our practice is to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order, our confirmation of an offer to sell a product or service, or a guarantee that you will receive the product(s) you purchased. We reserve the right, without prior notice to you, to limit the order quantity on any product or service and/or to refuse service to any customer. We may also require verification of your personal information prior to the acceptance and/or shipment of any order that you place with us.
ONLINE STORE PRODUCTS
By purchasing products or services on this website you acknowledge that sales of products or services are made by Jack Smith, JackSmithJr.com, Unorthodox Training, UnorthodoxTraining.com, Gaining Greatness, GainingGreatness.com, mindsetprinciple.com, Mindset Principle, happinesshustle.com, Happiness Hustle, membershipbusinessacademy.com, or Membership Business Academy, Fort Belvoir, VA.
Certain products may be available exclusively online through this Website. These products may have limited quantities.
We have made every effort to display as accurately as possible the colors and images of our products that appear on this Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products that we offer. All descriptions of our products or product pricing on the Website are subject to change at any time without notice to you, at our sole discretion. We may add shipping and handling fees and applicable sales/use or value added tax. We reserve the right to discontinue any product at any time without notice to you.
We reserve the right to refuse or cancel any order you place with us on the Website for any reason (including after you have submitted your order), regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount that was charged. We may, at our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/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.
By placing an order for a product on this Website, you agree that you shall provide current, complete, and accurate purchase and account information for all purchases made on this Website.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you through this Website shall meet your expectations, or that any errors on the Website shall be corrected.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, OR MISAPPROPRIATION.
Binding Arbitration. You further agree to arbitrate all disputes concerning Your purchase or use of any product sold on this website pursuant to the provisions in these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL MAY BE LIMITED. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
WAIVER OF CLASS ACTIONS. YOU AGREE THAT YOU MAY BRING DISPUTES AGAINST US ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT NO DISPUTE SHALL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
ADDITIONAL ONLINE STORE TERMS
We reserve the right, at any time, to modify or discontinue the Services (or any part or content thereof) without notice to you. We are not liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
Please follow the checkout instructions to place your order of a product on this Website. Once we have received your order, we shall send you an e-mail containing your order confirmation to acknowledge that we have received your order. When an order is placed on this Website, the order shall be shipped to an address designated by you if that shipping address is compliant with the shipping restrictions. As a result, risk of loss and title for products purchased from this Website pass to you upon delivery of the items to the carrier. You shall be responsible for filing any claims with carriers for damaged and/or lost shipments.
LINKED THIRD-PARTY SITES
Any links to other websites operated by third parties do not constitute sponsorship, endorsement, or approval by Jack Smith, JackSmithJr.com, Unorthodox Training, UnorthodoxTraining.com, Gaining Greatness, GainingGreatness.com, mindsetprinciple.com, Mindset Principle, happinesshustle.com, Happiness Hustle, membershipbusinessacademy.com, or Membership Business Academy do not operate, control, or maintain linked sites and are not responsible for their availability, content, security, policies, or practices. Links to other sites are provided for your convenience only and you access them solely at your own risk.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, whether at our request or not, you submit (regardless of the delivery method) comments, reviews, ideas, suggestions, proposals, plans, photos, videos, links, or other materials (collectively, the “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and/or otherwise use in any medium any Comments that you submit to us. We shall be under no obligation to maintain any Comments in confidence, to compensate you for any Comments, or to respond to any Comments. We may also delete any Comments.
You agree that your comments shall not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments shall not contain libelous or otherwise illegal, unlawful, abusive, or obscene material, or contain any computer virus or other malware that in any way could affect the operation of the Services or of this Website.
Jack Smith, JackSmithJr.com, Unorthodox Training, UnorthodoxTraining.com, Gaining Greatness, GainingGreatness.com, mindsetprinciple.com, Mindset Principle, happinesshustle.com, Happiness Hustle, membershipbusinessacademy.com, or Membership Business Academy are not responsible for, and do not endorse the opinions, advice, or recommendations in the Comments and specifically disclaim all liability in connection therewith.
LIMITATIONS OF LIABILITY
Jack Smith, JackSmithJr.com, Unorthodox Training, UnorthodoxTraining.com, Gaining Greatness, GainingGreatness.com, mindsetprinciple.com, Mindset Principle, happinesshustle.com, Happiness Hustle, membershipbusinessacademy.com, or Membership Business Academy provide the Website “as is” without warranty of any kind, whether express or implied. You are solely responsible for any damage that results from the use of this Website including, but not limited to, damage to your computer system or loss of data.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website. IN NO EVENT SHALL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY INCLUDING DEATH OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Further, Jack Smith, JackSmithJr.com, Unorthodox Training, UnorthodoxTraining.com, Gaining Greatness, GainingGreatness.com, mindsetprinciple.com, Mindset Principle, happinesshustle.com, Happiness Hustle, membershipbusinessacademy.com, or Membership Business Academy have the right, at any time and without prior notice to you, to terminate some or all of the Services, any feature or portion thereof, or any products offered, and to terminate your right to access or use the Services and/or this Website or any feature or portion thereof.
REVISIONS TO THESE TERMS AND CONDITIONS