The following Terms & Conditions of Use (the “Terms”) govern your use of the online learning applications, online courses, newsletters, and the website www.takecontroladhd.com (the “Site”) (collectively, the “Services”). Nikki Kinzer, her collaborators, www.takecontroladhd.com, and their owners, agents, contractors and subcontractors (“we,” “us,” or “our”) reject any additional or contrary terms submitted by you or any other third party. Our Private Policy applies to and is incorporated into these Terms by this reference.
This is a contract between you and us. By accessing or using the services, you acknowledge understanding these terms and you agree to be bound by them with any changes that we may publish from time to time. Read all of these terms carefully. If you do not agree to all these terms, then you may not access or use our services. If you breach any of the terms, your authorization to use the services automatically terminates. The services are provided “as is” and as available. You use them at your own risk. You are responsible for your conduct and submissions to the services. We are not responsible for any user content submitted through the services. We reserve the right to discontinue your access to the services, and remove any content, at any time, for any reason or no reason, at our sole discretion, with or without notice.
You agree to revisit these Terms on a regular basis because revised versions will affect your rights. We reserve the right to modify these Terms from time to time at our sole discretion, without notice to you. Your continued use of the Services constitutes acceptance of any modifications to the Services and the Terms. Unless explicitly stated otherwise, any modifications to the Services are subject to the most recent Terms.
Online Course Use License
If you pay for an online course, you have permission to temporarily download one copy of those materials (information or software) for personal, non-commercial, transitory viewing only, subject to all of these Terms.
This license automatically terminates if you violate any of these Terms and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
To the maximum extent allowable under applicable law, we or our licensors own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for open source, public domain, and “creative commons” components, and as otherwise provided in these Terms, all text, lists, videos, graphics, visual interfaces, photographs, images, logos, audio, artwork and computer code, products, including but not limited to the design, structure, selection, coordination, expression, “look and feel,” any advertisements, and arrangements of such content, through the Services belong to us or our licensors, and may be protected by trade dress, trade secret, copyright, trademark laws, and unfair competition laws. Unless we agree otherwise in writing, you have no right to use any of our trade names, trademarks, service marks, logos, domain names, or other brand features, for any purpose, or in any manner that is likely to cause consumer confusion, dilutes our brand, or that disparages or discredits us.
Course Refund Policy
If you paid for online course material and are dissatisfied with it for any reason, you may delete your account, terminate your access to the course, and request a refund of your original purchase price paid within thirty (14) days of your purchase date. We are a small business but returns are processed as quickly as possible; please allow up to thirty (30) days to receive any verified refund.
Using The Services
The strategies and recommendations provided through the Services represent the opinions of the author based on her experiences. The author is not licensed to practice medicine and expressly disclaims any responsibility for any liability, loss or risk, personal or otherwise, which is incurred as a result of using any of the strategies or recommendation suggested herein.
You use the Services at your own risk. The Services and all content available through the Services are provided AS IS and AS AVAILABLE for your personal use only. It is your responsibility to take precautions against viruses, worms, Trojan horses and any other potentially destructive items from users, third parties, and third party websites or content.
The Services include platforms for user-generated content. Accordingly, you understand that when you use the Services, you may be exposed to content from a variety of users, and that we are not responsible for the accuracy, integrity, quality, usefulness, safety, appropriateness, or intellectual property rights in or relating to such content. We are not responsible for any errors shared or transmitted by users of the Services. We have no obligation to review or remove any content or other materials provided through the Services, except as required by law. We, nevertheless, reserve the right to remove any content at our sole discretion.
Because public networks, such as the Internet, occasionally experience disruptions, we cannot guarantee that the Services will be available all the time. Although we intend to provide the most reliable service possible, interruptions and delays are unavoidable and we disclaim any liability for damages resulting from such problems.
You are solely responsible for your conduct related to the Services. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules, and regulations. You will use the Services only for purposes reasonably intended by us in providing the Services as a resource for personal organizing, optimizing space, managing time, decluttering, improving habits, and other self-help strategies for people with ADD and ADHD.
At all times and under all circumstances, YOU SHALL NOT enter an agreement to, authorize, enable, or assist others with, or otherwise do any of the following:
Your User Account
You must create an account and give us information about yourself to use some features of the Services. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Third Party Content, Services, And Brands
Third party users may transmit content related to the services including, but not limited to, user comments. We do not review, endorse, guarantee, nor do we accept any responsibility for any of this content or any third party websites linked or otherwise transmitted through the Services.
We are not responsible for the decisions you make based on content provided through the Services. Any dealings you have with third parties are at your own risk. We do not control or endorse any third party services or products. We do not guarantee the quality or reliability of any such third party, services, expertise, or products. You acknowledge and agree that you will not hold us or seek to hold us liable for or in connection with any third party dealings.
All trademarks and brand names included in the Services are the property of their respective owners. Any third party content is used for educational and informational purposes.
Submissions With The Services
As a condition of submitting any content or other materials through the Services, you agree that:
We have a no-tolerance spam policy. We may terminate access to the Services for any user found to be using the Services for spam. If you know of or suspect any violators, please contact us immediately.
Warranties And Disclaimers
You acknowledge that we have no control over, and assume no duty to take any action regarding users’ access to or use the Services, except as required by law. The Services may contain, or direct you to other services, sites, apps, or content that some people may find offensive or inappropriate. We make no representations or warranties concerning any content contained in or accessed through the Services.
Aside from the limited refund policy set forth above, the Services and all related content are provided "AS IS," and to the maximum extent permitted by applicable law, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (i) any content provided through the Services is accurate; (ii) the content provided through the Services will meet your requirements or expectations; (iii) the Services will be uninterrupted, timely, secure, virus-free, or error-free; or (iv) that any errors or defects in the Services or related content will be corrected. You acknowledge and agree that you use the Services at your own discretion and risk.
This limited warranty gives you specific legal rights, and you may have other rights, which vary from jurisdiction to jurisdiction. This limited warranty does not restrict the rights of the consumer mandated under applicable laws.
WAIVER AND LIMITATION OF LIABILITY - PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS OUR LIABILITY TO YOU.
NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, CONSULT WITH A LEGAL PROFESSIONAL BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
YOU HEREBY WAIVE THE RIGHT TO BRING OR ASSERT ANY CLAIM AGAINST US RELATING TO THE SERVICES, AND RELEASE US FROM ANY AND ALL LIABILITY FROM OR RELATING TO THE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AGENTS, OR OUR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST OR DAMAGED INFORMATION OR DATA, DISCLOSURE OF INFORMATION, SUBSTITUTE GOODS, REPUTATION HARM, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY REASON OR CAUSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIABILITY TO US, OR OUR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR ASSIGNS, EXCEED THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) FIVE U.S. DOLLARS ($5.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATE REMEDY FAILS ITS ESSENTIAL PURPOSE.
YOU AGREE TO INDEMNIFY AND HOLD US, OUR AGENTS, AND OUR ASSIGNS, HARMLESS FROM ANY AND ALL THIRD PARTY DISPUTES, DEMANDS, CAUSES OF ACTION, SUITS, CLAIMS, FEES OR COSTS, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, ANY THIRD PARTY’S USE OF THE SERVICES RELATED TO YOUR ACCOUNT, YOUR BREACH OF THESE TERMS (INCLUDING YOUR BREACH OF ANY REPRESENTATIONS MADE BY YOU UNDER THESE TERMS), OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY.
We want you to enjoy our Services, so if you have an issue or dispute, you agree to raise it first by contacting us and trying to resolve it informally before initiating legal action. Before any party can initiate a lawsuit related to the Services, the parties must meet in good faith to engage in mediation with a mutually acceptable neutral mediator, located in Multnomah or Lane County, Oregon.
YOU AGREE THAT ANY CLAIM ASSERTED IN ANY LEGAL PROCEEDING BY ONE PARTY AGAINST THE OTHER SHALL BE COMMENCED AND MAINTAINED EXCLUSIVELY IN STATE OR FEDERAL COURT LOCATED IN MULTNOMAH OR LANE COUNTY, OREGON. You agree to the exclusive personal jurisdiction of such courts in connection with any litigation, and hereby waive all objections to venue and any claim that the forum is inconvenient.
These Terms are governed by and construed in accordance with the laws of Oregon, without regard to conflict-of-laws principles.
The Terms may not be modified or amended except in a writing signed by a duly authorized representative of Nikki Kinzer. Any waiver must be in a writing signed by Nikki Kinzer or her duly authorized representative. A waiver of any right, default, or provision of these Terms shall not be deemed a continuing waiver or a waiver of any other default or term. Any of these Terms deemed invalid or unenforceable in any jurisdiction shall not render invalid or unenforceable the remaining Terms or otherwise affect the validity or enforceability of any of the remaining Terms. If any provision of the Terms is held invalid or unenforceable, that provision shall be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision shall be deemed severed from the rest of this agreement. All provisions of these Terms which by their nature should survive termination shall survive the termination of your access to the Services, including, without limitation, provisions about ownership, warranty disclaimers, indemnity, and limitations of liability.
If either party brings legal action to enforce these Terms, the prevailing party shall be entitled to reasonable attorney fees and costs incurred in connection with such action, prior to, at trial, and on any appeal, in addition to any legal and equitable remedies. Any failure by us to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or right to enforce any portion of the Agreement at any time.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated May 27, 2016