DISCLAIMER: THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE - ALL COURSE MATERIALS ARE USED AT YOUR OWN RISK.
***GUARANTEE: All courses have a money-back guarantee for 72 hours from the point of purchase. Please send an email within 72 hours in a reply to your welcome email and your refund will be issued within 7 days using the form of payment you purchased the program with.
In signing up for any course or list, you agree to be subscribed to our mailing list, which you can unsubscribe from at any time.
UPDATED February 2020. This content overrides anything in our previous terms and conditions that is in direct contradiction with this update, yet allows for all areas not included in update to remain intact.
PRIVACY AND TERMS
BeWhoYouAre.com, RobinRice.com and Robin Rice International, Inc. (collectively referred to as “RRI”) as it relates to this site. We are not responsible for the content or privacy practices of other websites. Any external links to other websites are clearly identified as such.
RRI respects the rights of users of our site and are committed to protecting your privacy in accordance with Data Protection legislation at all times. We will not collect any personal information (also referred to as personal data) about you on this site without your permission or otherwise in accordance with Data Protection legislation.
You are not required to provide us with any personal information (or personal data) in order to use our site. However, where you choose to give us personal data, via online feedback forms or e-mail, then we will treat your personal information in accordance with Data Protection Legislation.
By simply visiting our site, you do not disclose, nor do we collect, personal data about you. The information collected about your visit is limited to technical data such as:
The Internet address (or IP address) of the device you used to access this Site;
Whether you reached the site using a search engine or if you clicked a link on another website;
The type of web browser you used;
The type of device you used to access the Internet.
We use this data for administrative and statistical purposes as well as to help us improve our site. This technical data does not provide us with the personal data of visitors to our site.
Giving us your Personal Information
Please note that where you provide us with your personal information (e.g. name, e-mail address, work address, phone and/or other contact information), through a facility provided on this site or directly to us by e-mail, you consent to us:
(a) Processing and administering your personal data to perform all necessary actions to give effect to your request or instruction; and
(b) Retaining a record of incoming and outgoing communications (e.g. e-mail). Information in the e-mail we receive and send will not be disclosed to any third party without the permission of the sender unless otherwise in accordance with the Data Protection legislation.
Please note that by using this site you are giving us your consent to process your personal data as outlined in this statement. Your consent is also provided to any successor or assignee of RRI and/or any of its businesses. We inform all persons who submit their personal data to us of these conditions by this Privacy Statement.
Opt-in and Opt-out
RRI operates a strict "opt-in" policy for individuals. That means we will not send you any information unless you have requested to receive e-mail/text/social media message updates from us.
For businesses, RRI operates, in compliance with the relevant Data Protection legislation, an "opt-out" policy. This means that we will continue to contact businesses with news and information of our goods and services until we are informed that this communication is no longer required.
If you (whether an individual or business customer) wish to be removed from our direct marketing list and do not wish to receive any further information from us (opt-out) you can inform us of this by clicking on the link at the bottom of each e-mail communication you receive from us. Once this information is received we will immediately remove you from our direct marketing database.
Security of Data
RRI takes seriously its security obligations in respect of your personal data under the Data Protection Acts in order to prevent unauthorized access to, or alteration or destruction of personal data in our possession.
Right of Access
Where you have provided us with your personal data you have a right to be given a copy of your personal data in accordance with section 4 of the Data Protection Acts subject to certain exceptions. To request a copy of your personal data please read our Subject Access Request Policy where you can download our Subject Access Request Form for completion before sending it to:
RobinRice555 (@) gmail.com.
This Subject Access Request must be accompanied by a fee of $5. Please note the following important requirements:
We reserve the right not to process an access request that is not accompanied by proof of identification;
We will not process an access request unless the prescribed fee of $5 is received by check or money order to Robin Rice International, Inc (email Robin Rice at RobinRice555 (@) gmail.com; and we do not accept access full requests via telephone, e-mail or text message.
Right of Rectification or Erasure
If we hold incorrect information about you which was originally submitted by you through this Site, you have the right to have the data amended. You also have the right to have any information you have sent to us via this Site erased. To request your right to rectification and/or erasure please send your request in writing to:
RobinRice555 (@) gmail.com.
This request must be accompanied by:
Proof of your name and address; and
A description of the specific personal data you wish rectified.
If you request erasure of your personal data all your data will be erased subject to the following important notice:
We are not required to rectify or erase your data where to do so would prevent you from meeting your contractual obligations to us or where we are required to process (including retaining) your personal data for a lawful purpose in accordance with the Data Protection Acts.
RRI trusts that you appreciate that we respect and value your right to privacy, and that our honesty and integrity means that you will continue to trust us with your personal data, knowing that we will not use it for any inappropriate purpose.
Terms and Conditions
Access to this site and the use of information contained on it is governed by the terms and conditions set out below. As these terms and conditions are for the protection of both you and RRI, we advise that you please take the time to read them carefully.
By using this site you will be deemed to have accepted these terms and conditions. Please note that this site is owned and operated by RRI and that references to "we", "us" and "our" mean RRI.
Copyright in this site and the information set out on it belongs to us and/or our licensors and may not be copied, transmitted or reproduced without our prior consent. All copyright, trademark and other proprietary notices must be left intact. Save as otherwise specified, the contents of all the pages contained in this site are copyright of RRI or its licensors.
Reproduction of part or all of the contents of the pages in any form is prohibited other than in accordance with the following permissions:
You are granted a non-exclusive, non-transferable license solely for the purpose of using this site and any services available on this site.
You may make one electronically stored, transient copy of these pages of this site for the exclusive purpose of on-line viewing.
You may make one hard copy of these pages for exclusively, non-commercial purposes.
Save whether otherwise specified, the author(s) of the literary and artistic work set out in the pages contained in this site has/have asserted his/her/their moral rights to be identified as the author of these works.
This license does not permit incorporation of the material or any part of it in any other work or publication, whether in hardcopy or electronic or any other form. In particular (but without limitation) no part of this site may be distributed or copied for any commercial purpose.
No part of this site may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval.
You warrant that you will use this site in accordance with all the terms and conditions applying to such use and you agree to indemnity RRI for any liability accruing to RRI from your use of this site.
This Site is established in the United States Of America in accordance with US laws and will be governed by the laws of that country. When you use the site, you accept that your use of the Site and any information on the Site will also be governed by the US laws and if any claim or dispute arises from your use of the site or any information on it, you agree that the US courts will have non-exclusive jurisdiction over all such claims or disputes.
The use of this Site or the distribution of information on this Site may be restricted by local law or regulation in certain jurisdictions. As such, this Site is not intended for use, nor is the information intended for distribution, in such jurisdictions. Therefore, the persons accessing this Site should inform themselves about and observe any such restrictions.
No third party is permitted to link any other website to this Site without obtaining RRI's prior consent.
Please note that the sending of personal information via e-mail over the Internet may not be secure and can be intercepted by third parties or incorrectly delivered. You should not divulge confidential or personal information over the Internet unless you are using secure or encrypted communications technology.
The contents of this site including these terms and conditions are subject to change by us without notification to you. We accept no responsibility or liability for keeping the information in this site up to date or for any failure to do so.
The information contained in this site is for information purposes only. While every care has been taken in its preparation we do not make any warranties or representations as to its completeness, accuracy or reliability. Although we have made all reasonable efforts to ensure that all of the information on the site is accurate at the time of inclusion, we do not represent that this is the case and it should not be relied upon as such.
We neither accept nor assume any responsibility to you in relation to the contents of this site. Access to and use of this site is at the users own risk and we do not represent or warrant the use of this site or any material downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection.
In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the access, use or performance of this site or any of its contents.
We do not accept liability for any inaccuracies or omissions on this site. All implied warranties are excluded to the fullest extent permissible under law.
We reserve the right to update or alter the information on this site including these terms and conditions at any time without giving notice of the alterations. RRI does not give any warranty of uninterrupted use of this site and RRI does not accept liability for any information posted on this site by third parties.
You will ensure that your use of this site complies with all applicable laws and regulations, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, liable or defamation of character, invasion of privacy or tortuous interference.
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
You agree not to post or publish any offensive, defamatory or unlawful material that could encourage or constitute a criminal offence, civil liability or violation of any law.
RRI reserves the right to monitor or review the contents of the site but are not obliged to do so and assume no liability or responsibility for the contents therein.
RRI reserves the right to remove any materials posted to the site at its absolute discretion.
RRI may disclose your identity to relevant parties to aid any investigation.
You warrant that the information you enter on this Site is accurate and you indemnify us in respect of any damage or legal costs arising out of any action taken against us in respect of the material posted by you.
Glossary of Technical Terms Used
IP address: The identifying details for your computer (or your internet company's computer), expressed in "internet protocol" code (for example 192.168.55.34). Every computer connected to the web has a unique IP address, although the address may not be the same every time a connection is made.
Personal data: means information about you which can identify you and which is within the possession of RRRI (e.g. your name and address)
Web browser: The piece of software you use to read web pages. Examples include; Microsoft Internet Explorer, Google Chrome, Firefox and Safari.
PREVIOUSLY UPDATED September 2017
The information on this website, including but not limited to, classes, instruction, consults, text, graphics, images and other material contained on this website are for informational purposes only. The purpose of this website is to promote spiritual education and healing and further knowledge of various health topics. It is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking any new health care program, and never disregard professional medical advice or delay in seeking it because of something you have read on this website.
This website does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on this website. Reliance on any information appearing on this website is solely at your own risk.
These Terms & Conditions are governed by the Electronic Signatures in Global and National Commerce Act.
THESE TERMS & CONDITIONS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Table of Contents
2. Use of the Services
3. Third-Party Providers and Links
4. Proprietary Rights and Intellectual Property Rights
5. Website Disclaimers and Liability Limitations
6. DMCA Notifications of Claims of Infringements
8. Terms and Termination
9. General Provisions
- "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
- "Malicious Code" means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs, of any form now known or to be invented.
- “Services” means use of our website, and purchase of our products or services through our website.
- “Content” means any content, words, text, phrases, video, audio, pictures, or any combination of these, which emanates from our website.
- "Users" means individuals and/or entities authorized to use the Services.
- "We," "Us" or "Our" means Bewhoyouare.mykajabi.com.
- "Your Data" means all electronic data or information submitted by you (the user submitting the data) for the Services.
- “Consulting” means the website design and intuitive business consulting services listed on the Website.
2. DESCRIPTION AND USE OF THE SERVICES
A. Through its website, Bewhoyouare.mykajabi.com provides a variety of services, including, but not limited to, information about other services provided by Robin Rice, the ability to order and pay for “e-guides” and books, access to writings of Robin Rice, and information about Robin Rice’s Shaman services through Rainmaker Consulting, as well as educational courses and mentoring. We may choose to increase or decrease the service offerings at any time. You also understand and agree that the Services may include certain communications from Bewhoyouare.mykajabi.com or Robin Rice International, Inc. , such as service announcements, administrative messages and newsletters. Any new features that augments or enhances the current Services, including the release of new Robin Rice International, Inc. websites, shall be subject to the TOS (Terms of Service), unless explicitly stated otherwise.
B. We shall: (i) provide to you basic support for our website at no additional charge, (ii) use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for: (a) planned downtime, of which we shall give at least 8 hours notice via the website, or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of government, acts of nature such as: flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or internet service provider failures or delays, and (iii) provide these services only in accordance with applicable laws and government regulations.
However, no warranty is expressed or implied that we shall make the Services, or any component thereof, available 24 hours a day, 7 days a week, and we are not responsible for any losses that you may suffer as a result of the unavailability of such services, or any component thereof. Furthermore, we will not be liable for incidental or consequential losses that you may suffer as a result of the unavailability of such services, or any component thereof, even if we have been advised of the possibility of such losses.
You shall (i) be responsible for your compliance with this Agreement, (ii) be solely responsible for the accuracy, quality, integrity and legality of your data and identity, and of the means by which you acquired your data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the applicable laws and government regulations.
Bewhoyouare.mykajabi.com provides users with access to resources (the Services) through its website, which may be accessed through any various media or devices now known or hereafter developed. You also understand and agree that the Services may include advertisements and that these advertisements are necessary for Bewhoyouare.mykajabi.com to provide the Services.You understand and agree that the Services are provided "AS-IS" and that Bewhoyouare.mykajabi.com assumes no responsibility for the timeliness, deletion, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You also understand that Robin Rice and Robin Rice International, Inc., will use their “best efforts” with relation to business consulting services, but do not warrant or guarantee any particular result from those services.
No Unlawful or Prohibited Use
Part of your agreement with us is that you will NOT use the website, or any Services provided through the website, for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of Bewhoyouare.mykajabi.com. User agrees that all information given is true, and agrees not to falsify any information provided to Bewhoyouare.mykajabi.com. You may NOT use Bewhoyouare.mykajabi.com in a manner which could/may damage, disable, overburden, or impair any aspect of the Bewhoyouare.mykajabi.com website, or the computer network or networks connected to the Bewhoyouare.mykajabi.com website, or interfere with any other party's ability to use or enjoyment of the Bewhoyouare.mykajabi.com website. Any unauthorized attempts to gain access to the Bewhoyouare.mykajabi.com website, or other individual accounts, any computer systems or networks connected to any Bewhoyouare.mykajabi.com website, through any means, including; hacking, password mining, or any other means, is strictly prohibited. Furthermore, you may not in any way attempt to obtain any materials or information not intentionally made public/available, through the Bewhoyouare.mykajabi.com website.
Age and Residence Requirements
You must be 18 years of age or older to register for an account for use of the Website and purchase our products. Your account may be terminated without warning if we believe that you are under the age of 18. In consideration of your use of the Website, You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Bewhoyouare.mykajabi.com registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bewhoyouare.mykajabi.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bewhoyouare.mykajabi.com has the right to suspend or terminate your account and refuse any and all current or future use of the Bewhoyouare.mykajabi.com Services (or any portion thereof).
Website Content and End User Agreement
You may receive a password and/or account designation upon completing the Bewhoyouare.mykajabi.com Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Bewhoyouare.mykajabi.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
You will be added to mailing list after subscibing through any form on Bewhoyouare website or registering as Customer, with an option to unsubscribe from the mailing list whenever you like.
Bewhoyouare.mykajabi.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
3. THIRD-PARTY PROVIDERS AND LINKS
Bewhoyouare.mykajabi.com’s website includes links to third-party websites. These are not in any way endorsed, warranted by, or affiliated with Bewhoyouare.mykajabi.com. Bewhoyouare.mykajabi.com does not operate or control in any respect any information, products or services on these third-party sites. Any other acquisition by you of third-party products or services, including but not limited to Third-Party Applications and implementation, customization and other services, and any exchange of data between you and any third-party provider, is solely between you and the applicable third-party provider. No purchase of third-party products or services is required to use our Services. To the fullest extent permissible pursuant to applicable law, Bewhoyouare.mykajabi.com disclaims all warranties. Bewhoyouare.mykajabi.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Bewhoyouare.mykajabi.com) assume the entire cost of all necessary maintenance, repair or correction.
Limitation of Liability
1. Bewhoyouare.mykajabi.com and Robin Rice International, Inc. shall not be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Bewhoyouare.mykajabi.com's services, or any consulting services of Robin Rice. You specifically acknowledge and agree that Bewhoyouare.mykajabi.com is not liable for any defamatory, offensive or illegal conduct of any user.
2. Bewhoyouare.mykajabi.com is not responsible for any inability to access our services, temporary or otherwise.Bewhoyouare.mykajabi.com does not warrant that the functions contained in its website will be uninterrupted or error-free or that defects will be corrected.
3. Bewhoyouare.mykajabi.com is not responsible or liable for any inability to receive materials from our service. This includes interruption of email transmission, invalid or incorrect email addresses, inability to view or print completed materials, or errors or omissions by our staff.
4. Bewhoyouare.mykajabi.com is not responsible for any errors made in our service. By using Bewhoyouare.mykajabi.com you acknowledge the fact that not all errors, omissions, and problems can be detected by Bewhoyouare.mykajabi.com and its editors.
5. Bewhoyouare.mykajabi.com is not responsible or liable for any inability to deliver materials to us.
6. Theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website or otherwise in any way in connection with the Service.
7. We cannot, and do not, guarantee any specific result from use of any part of the Services, or from the Website.
8. Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
9. You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
10. Our site may contain links to other sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted.
11. To the fullest extent provided by law, Bewhoyouare.mykajabi.com disclaims all warranties.
12. Robin Rice, Bewhoyouare.mykajabi.com, and Robin Rice International, Inc. all explicitly disclaim any warranty of fitness for a particular purpose with regard to consulting services.
13. Intuitive and shamanic healing is not regulated by any medical or mental health agency, and thus has not been evaluated as effective or ineffective by any governing body. It is up to you to decide if you would like to address your spiritual growth using shamanic care, and it should be used in addition to, and not a replacement of, any standardized medical or mental health care you may wish to pursue.
4. PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY
Reservation of Rights. Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Restrictions. You shall not (i) permit any third party to access the Services except as permitted herein, (ii) create derivate works based on the Services, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on your own intranets or otherwise for your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
Ownership of Your Data. As between us and you, you exclusively own all rights, title and interest in and to all of Your Data. You also own all websites created for You by Robin Rice, with the exception that Robin Rice, Robin Rice International, Inc. , and BeWhoYouAre.com reserve the right to use such websites for marketing purposes, if the website(s) in question is(are) publicly available on the internet.
Suggestions. You agree to grant to Bewhoyouare.mykajabi.com and Robin Rice International, Inc., a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information. You hereby waive all rights, legal, moral or otherwise, in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Bewhoyouare.mykajabi.com and Robin Rice International, Inc. for any alleged or actual infringement or misappropriation of any proprietary right in your communication.
Bewhoyouare.mykajabi.com does not claim ownership of Content you submit or make available for inclusion on the Bewhoyouare.mykajabi.com Website and Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Bewhoyouare.mykajabi.com website and Services, you grant Bewhoyouare.mykajabi.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of any of our Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Bewhoyouare.mykajabi.com Services solely for the purposes of providing and promoting the specific Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Bewhoyouare.mykajabi.com Services and will terminate at the time you remove or Bewhoyouare.mykajabi.com removes such Content from the Bewhoyouare.mykajabi.com Services.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Bewhoyouare.mykajabi.com Services other than Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Bewhoyouare.mykajabi.com. Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Bewhoyouare.mykajabi.com Services and will terminate at the time you remove or Bewhoyouare.mykajabi.com removes such Content from the Bewhoyouare.mykajabi.com Services.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Bewhoyouare.mykajabi.com Services other than Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Operation. Bewhoyouare.mykajabi.com reserves complete and sole discretion with respect to the operation of the Bewhoyouare.mykajabi.com website. Bewhoyouare.mykajabi.com assumes no responsibility or liability for any content or activity, lawful or otherwise, occurring at any time on website or by any user.
Content. Statements made in websites, blogs, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Merchants appearing on Bewhoyouare.mykajabi.com are not authorized spokespersons of Bewhoyouare.mykajabi.com or Robin Rice International, Inc., and their views do not necessarily reflect those of Robin Rice International, Inc..
Testimonials. Bewhoyouare.mykajabi.com has the right to use your statements and feedback as posted testimonials on our website but we will limit use of the name to first name only.
Copyright. The entire contents of the Bewhoyouare.mykajabi.com website are copyrighted as a collective work under the laws of the United States and other copyright laws. Robin Rice International, Inc. holds the copyright in the collective work. The collective work includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, reverse engineer, create derivative works of, broadcast, circulate or in any way exploit any of the materials or content received through the site to anyone without our express prior written consent. All material published on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, the content received through the site may be downloaded, displayed, and printed for your personal, non-commercial use only.
You may display (conditional upon any expressly stated restrictions or limitations relating to specific material) and download portions of the material from the different areas of Bewhoyouare.mykajabi.com solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from Bewhoyouare.mykajabi.com.
Other Sites. You are encouraged to use discretion while browsing the Internet on searches initiated at Bewhoyouare.mykajabi.com. Bewhoyouare.mykajabi.com links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. Bewhoyouare.mykajabi.com and information providers make no representations concerning any effort to review all of the content of sites linked from its website.
5. REPRESENTATIONS OF USERS
BY REGISTERING ON OUR SITE, YOU MAKE THE FOLLOWING REPRESENTATIONS:
· I am of legal age to view material discussed above, in accordance with the laws of the region in which I reside.
· Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.
· I believe I have the unalienable right to read and/or view any type of material I choose.
· I am aware of the standards of my local community with respect to the materials offered on this site; I am familiar with the materials offered by this site; and I represent, warrant and certify that the links, information, and use of materials on this site do not violate any standard or law that applies to me. In the event that a law that applies to me comes in to affect that would prevent me from viewing material on this site, I agree to no longer access this site.
· I recognize that this site has no control over the content of websites which are listed or linked on it and that it takes no responsibility for the content of those other sites.
· By viewing and/or using this site, you agree that Bewhoyouare.mykajabi.com and Robin Rice International, Inc. will not be liable for any commercial loss; inconvenience; loss of use, time, data, goodwill, revenues, profits, or savings; or any other special, incidental, indirect, or consequential damages in any way related to or arising from your use of this site. You agree to defend, indemnify and hold harmless
Bewhoyouare.mykajabi.com and Robin Rice International, Inc., its employees, directors, shareholders, members, officers, agents, subsidiaries and affiliates from any and all claims, losses, damages, causes of action, liabilities and expenses (including reasonable attorneys' fees) related to or arising out of your use of the site, including without limitation claims made by third parties related to your use of the site.
· We and our advertisers, suppliers and licensors provide this website on an "as is" and "as provided" basis, without any warranty or condition of any kind, express or implied, and specifically disclaim any implied warranties of non-infringement, title, merchantability, fitness for a particular purpose and availability of the site or services. Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We make no representation that the site and/or services will be uninterrupted or error, force majeure, bug or virus free and shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties, access delays, any interruption and/or data delivery, non-delivery, mis-delivery, corruption, destruction, or events.
· Without limiting the foregoing, we shall not be liable to you or your business for any indirect, incidental, consequential, exemplary, special, or punitive damages or lost or imputed profits or royalties arising out of your use of this site or any goods or services provided, whether for breach of warranty or any obligation arising therefrom or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. You hereby waive any claim that these exclusions deprive you of an adequate remedy. In no event shall either party's aggregate liability arising out of or related to this agreement, whether in contract, tort or under any other theory of liability, exceed the total amount paid by you hereunder in the 12 months preceding the incident.
· Use of our site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our site.
· You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site, services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
· You will indemnify Bewhoyouare.mykajabi.com and Robin Rice International, Inc. for any expenses Bewhoyouare.mykajabi.com and Robin Rice International, Inc. may incur resulting from your violation of this Agreement, including, without limitation, any fines, fees, legal expenses, and labor for investigation and resolution.
6. DMCA Notifications of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify our agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at our “Contact Us” page.
Please provide our Agent with the following Notice:
- Identify the material on our site that you claim is infringing, with enough detail so that we may locate it on the website;
- 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;
- A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
As used herein, "Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data; Our Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of this Agreement, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than Your Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
Without limiting the above, we shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law or as expressly permitted in writing by you, or (c) access Your Data except to provide the Services or prevent or address service or technical problems, or at your request in connection with customer support matters.
The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
8. TERMS AND TERMINATION
A party may terminate this Agreement for cause: (i) immediately, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
NO REFUNDS, NO EXCEPTIONS.
9. GENERAL PROVISIONS
By visiting this website you agree that in all matters relating to this website, you shall be governed by the laws of Maryland, United States, as applicable. You may not use this website if law prohibits you from doing so in the country in which you reside. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
Mandatory Binding Arbitration
If a disputed issue is not resolved within ten (10) days, then the resolution of the dispute shall be referred to an Arbitrator chosen by the parties for mandatory binding arbitration. If the parties are unable to resolve any dispute with the assistance of the Arbitrator within fifteen (15) days of the appointment thereof, the dispute shall be settled by arbitration. The award of the arbitration shall be final and binding upon the parties, and enforceable in any court of competent jurisdiction. The venue for any arbitration hereunder shall be Maryland, United States. Nothing in this section shall defer or interfere with the entitlement of either party to obtain injunctive relief.
Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnification claim). Notices to you shall be addressed to the system administrator designated by you for your relevant Services account, and in the case of billing-related notices, to the relevant billing contact designated by you.
Notices should be addressed via our Contact Us page.
This Site is a Venue
We are not involved in the actual transaction between users even though we may provide products and services. As a result, the quality, reliability, safety or legality of these is the responsibility of the user.
Any unauthorized use of our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), relevant state statutes and the laws of the other states and territories of the USA and other countries. Such violations may subject the offender and his or her agents to civil and criminal penalties.
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the site.
Neither party is liable for an omission or delay in the execution of its obligations hereunder caused by an event beyond its reasonable control. The time for the performance of the obligation that is so delayed shall be extended by a reasonable time, provided that payments shall not be delayed.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. The provisions of this Agreement pertaining to Confidential Information, privacy, and use restrictions shall survive the termination of this Agreement. Other sections pertaining to rights and obligations which by their nature should survive termination are hereby confirmed to so survive.
You shall pay on demand all of our reasonable attorney fees and other costs incurred by us to collect any fees or charges due us under this Agreement. Any disputes that may arise from these Terms and Conditions of Use shall be governed by the Laws of the United States and subject to the Jurisdiction of the Maryland Courts.
This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all prior and contemporaneous agreements, purchase orders, understandings, proposals, negotiations, representations or warranties of any kind whether written or oral. No oral or written representation that is not expressly contained in this Agreement is binding on either party.
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of this Agreement upon written notice to the assigning party. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
This Agreement, including all exhibits and addenda hereto, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto, the terms of such exhibit, addendum shall prevail.
Termination/ Access Restriction
If you have questions or concerns regarding these terms, you should email me at our “Contact Us” page.
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