E-Course Terms of Use and Liability Disclaimer
- Terms of Use. Each E-course (including its videos, documents, and other associated content) (an “E-Course”) available on cryptoformeremortals.com (the “Site”) has been produced and/or made available to you by MoneyDNA LLC (“MoneyDNA”, “us” “we”, and “our” as the context may require). The term “E-Course” includes Crypto for Mere Mortals and each other E-Course produced or made available by MoneyDNA. When you purchase one of our E-Course, you agree to these E-Course Terms of Use and Liability Disclaimer (these “Terms”).
- Payments; Recurring Fees; Refund Policy. We offer a thirty-day money-back guarantee. If you are not satisfied with your E-Course, you may request a refund of the amount you paid for such E-Course within thirty days of your purchase of such E-Course. If the E-Course you purchased is sold as a subscription, you have until the thirtieth day after your initial payment to request a refund, otherwise the subscription fee will be recurring on a monthly basis. You have the right to cancel at any time and may do so by emailing hello@moneydna.com to provide notice of written cancellation. Except as set forth above, all sales are final for our E-Courses, and no refunds are issued for online courses once a sale is completed.
- Educational Purposes. The information in our E-Courses is for educational purposes only and is not intended to provide investment, financial, tax, or legal advice. You are encouraged to seek professional investment, financial, tax, and legal advice prior to implementing any of the processes, strategies, or techniques discussed in any of our E-Courses. We make no representations, guarantees or warranties that the information in any of our E-Courses is appropriate for you. The information in our E-Courses is by no means complete or exhaustive and therefore does not apply to all situations.
- Assumption of Risk. Investing of any kind involves substantial risk of loss. By purchasing any of our E-Courses and using the information contained therein, you are assuming the risk that: (i) such E-Course and the information therein is not suitable for your needs; (ii) you may sustain losses (financial or otherwise) as a result of your use of such E-Course and the information therein, and (iii) that such E-Course may contain inaccurate or incomplete information.
- License; Intellectual Property. By purchasing any of our E-Courses, MoneyDNA grants you a nonexclusive, nontransferable, revocable license to access and use such E-Course solely for your own personal and non-commercial use. Our E-Courses are protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any of the content within any of our E-Courses is strictly prohibited. Your purchase of any of our E-Courses does not grant you any ownership rights to such E-Course. Any breach in the terms of this agreement may result in termination of your access to our E-Courses or other legal action against you.
- Third Party Materials. Our E-Courses may contain references or links to materials from third-parties. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
- Authorized Purchasers. Our E-Courses are intended solely for users who are at least age 18 years of age or older. Any use of or access to our E-Courses by anyone under such age, is unauthorized, unlicensed and in violation of these Terms. By purchasing any of our E-Courses, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of the terms and conditions of these Terms. MoneyDNA has the sole right and discretion to determine whether to sell any of our E-Courses to any individual and may reject a purchase by any individual with or without explanation.
- DCMA. We will respond quickly to claims of copyright infringement associated with our E-Courses, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any copyrights are infringed by any of our E-Course, please provide us with a written notice via mail, fax, or email that contains the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
- Password Security. When you complete the purchase process, you will receive a password that will allow you to access the applicable E-Course. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.
- Disclaimer of Warranties. THE CONTENT PROVIDED IN EACH OF OUR E-COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MONEYDNA, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, E-COURSES, OR OTHER CONTENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SITE OR ANY OF OUR E-COURSES. MONEYDNA DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN OR SITE OR E-COURSES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH E-COURSE OR CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR SITE, E-COURSES, CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE, SERVICES, OR E-COURSES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
- Limitation of Damages. IN NO EVENT WILL MONEYDNA OR ITS EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF OUR SITE OR ANY OF OUR E-COURSES WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN.
- Cap on Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MONEYDNA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE APPLICABLE E-COURSES IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
- Dispute Resolution and Binding Arbitration.
- YOU AND MONEYDNA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF OUR E-COURSES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MONEYDNA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- General. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida. Any cause of action by you with respect to our Site or any of our E-Courses must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any portion of our Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any termination of these Terms.