Terms and Conditions
Agreement to Terms of Use
THIS WEBSITE ( HEREINAFTER “SITE” “IT” “WE” “US” “OUR”) AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content or account, without recourse to refund or reimbursement; and/or (5) to terminate access of any user in its sole discretion, for any reason or no reason.
Updates
The following TERMS OF USE and PRIVACY POLICY are subject to change at any time and at the sole discretion of the Company. Please visit the site regularly for updates. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Site Guidelines
This Site is designed to be a community. As such, there are certain guidelines that need to be adhered to in order to allow this community to function smoothly and to provide the greatest benefit for all users. Therefore, by using the Site in any manner, you agree to comply with all applicable laws when using the Site and will not use the Site for any unlawful purpose.
While we appreciate any contact with you, was ask that you do not email any creative content, suggestions, or ideas (hereinafter “Submissions”) to us without our consent. If, despite our request to the contrary, you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission.
We also reserve the right to suspend or ban any user of the site who, in our sole discretion and opinion, is in violation of the Site Guidelines, or of any law, or is in any way engaging in conduct that is objectionable or antithetical to what we believe to be the purpose of the Site.
Refund Policy
There are no refunds for any deposits or other payments for Products, Programs or Event Tickets. At our discretion, we may issue a credit that can be applied to the purchase of another Product, Program or Event Ticket. If issued, this credit will be valid for one year from the date issued. After one year from the date issued, the credit will no longer be valid. The credit cannot be transferred and may only be used by the person to whom it is issued.
Warranty Disclaimer
The content and information on the site is offered “as is”, without warranties, express or implied. We specifically disclaim all warranties either express or implied and make no representations about the fitness and merchantability of any content or information on the Site for any particular purpose. We do not warrant that access to the Site will be uninterrupted or that any function on the site will be error free, that any defects will be corrected, or that the Site will be free of any potentially harmful components or viruses. We do not warrant or endorse any product, speaker, or service on the Site or that we link to from the Site. We are not a party to any transactions that you enter into with any third party providers of products or services.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Site, or any products or services provided by the Site, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.
The information and content contained in the Site should not be construed as, and is not a substitute for, professional advice in the fields of finance, law, medicine, or psychology. In all cases, you should consult with a doctor for any and all symptoms of physical or mental illness that may require diagnosis and treatment. We make no warranties or representations of any information on the Site followed by any person. We are not responsible for any direct, indirect, consequential, special, exemplary, or other damages that may result, including but not limited to economic loss, injury, illness, or death. You alone are responsible and accountable for your decisions, actions, and results in life, and by your use of the Site. You agree not to attempt to hold us liable for any such decisions, actions, or results, at any time, under any circumstance.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, videos, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content contained on the Site is owned, controlled, or licensed by us with all rights reserved, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks, and logos used in this Site are the trademarks, service marks, or logos of their respective owners.
We may have trademarks, services marks, or registered trademarks. These include, but are not limited to, Neil Wisneski™, Practice of Peace™, Momentum™, and Dynamic Mentoring™. These are our proprietary marks. These proprietary marks may not be used in connection with any product or service that is not provided by us in any manner or that is likely to cause confusion among customers, or in any manner that disparages or discredits us or Neil Wisneski.
Except as expressly provided in this Terms of Use, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium, for publication or distribution, or for any commercial enterprise, without Company’s express prior written consent.
External Links
The Site will, from time to time, provide you with links to third-party websites (hereinafter “external sites”). These external links are solely provided as a convenience to you. These external sites are developed and maintained by third parties who are not affiliated or connected to us in any way. Any concerns or problems that you have regarding any external sites should be brought to the attention of the webmasters and owners of those sites. We do not warrant or guarantee the usability, availability, or safety of any external site. It is your responsibility to use common sense and sufficient care when accessing an external site so as to protect yourself from damages. You agree that we are in no way liable for any damages you suffer while accessing, viewing, or using any content or information on an external site, or for damages suffered or incurred through the use of any products or services purchased or recommended there.
Compliance With Applicable Laws
The Site is based in the United States. We make no claims concerning whether the content on the Site may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the content on the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Controlling Law
This Terms of Use and any action related thereto will be governed by the laws of the State of Indiana without regard to its conflict of laws provisions.
Digital Millenium Copyright Act
Neil Wisneski respects the intellectual property rights and copyrights of others. We will review all claims of right infringement and remove all content that has been posted in violation of any applicable laws.
Our agent under the Digital Millennium Copyright Act for all claims of intellectual property or copyright infringement is:
Neil Wisneski
support@neilwisneski.com
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and email address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Waiver
Our failure to act on or enforce any provision of this Terms of Use shall not be construed as a waiver of that provision or any other provision in the Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Terms of Use constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.