Please Read Carefully.
Last Updated: June 15, 2022
You further acknowledge that you are using the Services for your own sole purpose and not for the benefit of a competitor.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
ENTIRE AGREEMENT; WAIVER
This Agreement, in conjunction with a fully executed services agreement, constitutes the entire agreement between you and the Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Vibrant Gap Year, LLC
5511 Parkcrest Dr. Suite 103
Austin, TX 78731
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Houston, Texas. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted pursuant to the Association for Conflict Resolution Model Standards of Conduct for Mediators. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought by the Company for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the Company shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Scope of Use
Eligibility. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). We do not knowingly collect or solicit information from children under the age of thirteen (13). You represent that you are over the age of eighteen (18) and are the intended recipient of the Services. You may not access and/or use the Services for any purpose if either of the representations in the preceding sentence is not true. We may, in our sole discretion, refuse to offer the Services to any person and/or entity and change its eligibility criteria at any time. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us if you think a child has provided us personal information.
Use of Services and Availability. The Company retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. To the extent any programs provide ‘lifetime access’, such access is limited to the lifetime of the program. Further, while we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of the Company’s control. The Services (including any specific programs) may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.
Communications from the Company. By using the Services, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Your Responsibilities. The Company grants you the rights set forth herein, subject to the following conditions:
You may not access all or any part of the Services in order to build a product or service which competes with the Services;
You shall not obtain or attempt to obtain any data through any means from the Services, except if we intend to provide and/or make it available to you;
You shall not pretend to be someone else, use someone else’s identify or misrepresent your affiliation with a person or entity;
You shall not copy or imitate part or all of the design, layout, and/or look-and-feel of the Services and/or individual sections of it, in any form or media;
You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the services and content provided on the Services, and to notify the Company promptly of any such unauthorized access and/or use; and
You shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Services without the prior written consent of the Company is strictly prohibited.
ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to service and/or course descriptions, pricing, offers, Services and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omission; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions and/or other information without obligation to issue any notice of such changes, except as prohibited by law. The Services will include resources, virtual products and the fundamental business concepts. However, you acknowledge that while the Service will be comprehensive, completion of a course and use of the Service does not guarantee results. You further acknowledge and agree that the Company makes no guarantee, express or implied, regarding the Services, courses and/or any improvement in your business, personal life, skills and/or income.
PROPRIETARY RIGHTS AND LICENSES
The Site and Service contain intellectual property owned by the Company including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. The Company has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
RESTRICTIONS ON USE OF MATERIALS
Materials. The Company may provide materials to you including but not limited to: all information related to the Company to which you have access, whether in oral, written, graphic or machine-readable form, in the course of or in connection with your use of the Services, including but not limited to notes, recordings, courses, chats, analyses, phone-calls, studies, videos, books, tests, and other aids, procedures, techniques, operating methods, know-how, processes, formulas, source and object codes, data, improvements, plans, and/or marketing information and any other information which could reasonably be expected to benefit competitors of the Company (collectively, “Materials”). You understand that the Materials that you receive are confidential and proprietary to the Company, and shall not be sold, loaned, rented, given away, distributed, advertised for sale on the ‘Internet’ and/or through any other medium, and/or exploited in any manner. Upon purchase of a course, event or subscription, as applicable, the Materials provided to you are for your sole use and are not to be shared with others.
Prohibited Conduct. You may download, store, display on your computer, view, listen to, play and print Materials that the Company publishes or broadcasts on the Service or makes available for download through the Service subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be copied, modified or altered in any way; (c) the Materials may not be publicly displayed; and (d) the Materials may not be redistributed. You further agree that you will not copy or cause to be copied and/or reproduce in any manner, electronic and/or otherwise, any of the Materials, any notes based on the Materials and/or any notes based on the courses or programs you take or otherwise participate in. The commercial use, reproduction, transmission or distribution of any Materials available through the Service without the prior written consent of the Company is strictly prohibited. You agree that you will not tape-record, video-record, transmit, photograph, and/or otherwise reproduce the Materials and/or any and all courses that you get access to through the Service.
Breach of this Section may result in irreparable and continuing damage to the Company for which monetary damages may not be sufficient, and you agree that the Company will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief as may be proper from a court of competent jurisdiction.
NO UNLAWFUL OR PROHIBITED USE
The Company reserves the right, but generally does not, and has no obligation in any way, to monitor the Services or screen content that is shared on or through the Services. The Company, however, reserves the right to review the Services and content and to monitor all use of and activity on the Service, and to remove or choose not to make available on or through the Service any content in its sole and absolute discretion. The Company may remove content that is confidential or proprietary to a third party without that third party’s permission. The Company reserves the right to take any action it deems necessary to protect the personal safety of our guests and/or the public. The Company has no liability or responsibility to users of the Services and/or any other person and/or entity for performance and/or nonperformance of the aforementioned activities.
You acknowledge and agree that by accessing or using the Services, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise. Furthermore, you understand and agree that some events may carry inherent risk, and by participating in such events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability or death, and you freely and willfully assume those risks by choosing to participate in those events.
You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other users or participants) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
THIRD-PARTY WEBSITES, CONTENT, PRODUCTS AND SERVICES
The Services may be made available and/or accessed in connection with third-party services and content that Company does not control. This website contains links to websites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of the website. The Company may post advertisements of third parties through the Services, including without limitation promotions of advertisers, location based-ads, and/or sponsors showing their goods and services. Your correspondence, participation in, and/or any other dealings with third parties found through the Services are solely between you and such third party. The Company is not responsible for third party content provided on or through the Services or for any changes or updates to such third party websites, and you bear all risks associated with the access to, and use of, such websites and third party content, products and services.
You may not link to the Services without our written permission. If you are interested in linking to the Services, please contact [email protected]
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
ANY CONTENT OR MATERIALS ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN DISCRETION AND RISK. THE COMPANY HAS NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY THE COMPANY, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE COMPANY’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS (US$100.00).
USE OUTSIDE DEFINED AREA
WAIVER AND SEVERABILITY
Contact us: If you would like to request additional information regarding this Terms of Service, please contact us at [email protected]