TERMS OF USE
THIS IS AN AGREEMENT BETWEEN ASHTON JAMES MARKETING LLC OR THE ENTITY THAT YOU REPRESENT (hereinafter “Ashton James”) AND THE END USER OF THIS WEBSITE (hereinafter “User”) SETTING FORTH THE TERMS AND CONDITIONS ("TERMS") GOVERNING YOUR USE OF ASHTON JAMES MARKETING LLC WEBSITE.
Description of the Service
The Ashton James website is Marketing Company website that also sells online courses to the end users: the Legacy Builders program. ("Learners"). By offering the Service, Ashton James : (i) neither assumes the role of an educational institution nor the role of a course provider; and (ii) merely provides you the technological means through which you can make your courses available to your Learners.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. You can accept the Terms by using this website for information purposes, or to access the Legacy Builders program. If you do not agree to the Terms do not use the Service you must leave this website.
Legacy Builders User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Service. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Ashton James has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Ashton James may terminate your user account and refuse current or future use of the Service.
Organization Accounts and Administrators
You are responsible for i) ensuring confidentiality of your password, ii) ensuring that all activities that occur through your use comply with this Agreement. You understand that Ashton James is not responsible for account administration and internal management of the Service for you.
Personal Information and Privacy
Personal information you provide to Ashton James through the Service is governed by the Ashton James Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Ashton James Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to inf0@ashton-jamescom or by calling us on (309) 271-2991. We are not responsible for any loss or damage to you or to any third party incurred as
Communications from Ashton James
The Service may include certain communications from Ashton James, such as service announcements, automated emails, administrative messages and newsletters. You understand that these communications shall be considered part of using the Service. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Complaints
If we receive a complaint from any person against you with respect to your activities as part of use of the Service, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Ashton James in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Ashton James to the complainant.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
I. use the Service in violation of the Terms;
II. transfer the Service or otherwise make it available to any third party;
III. provide any service based on the Service without prior written permission;
IV. use the Service to transmit or publish any content that you know to be false, misleading, untruthful or inaccurate;
V. use the Service to post links to third party sites or use their logo, company name, etc. without their prior written permission;
VI. use the Service to transmit or publish any personal or confidential information belonging to any person or entity without obtaining authorization from such person or entity;
VII. use the Service in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Ashton James;
VIII. use the Service to publish or transmit any material that contains viruses or malicious codes that are designed or intended to disrupt, damage, limit or interfere with the proper functioning of the Service;
IX. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code of the Service;
X. use the Service in violation of any applicable local, state, national or international law;
XI. use the Service for the transmission of material that is unlawful, defamatory, fraudulent, harassing, liebelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable;
XII. use the Service to transmit or publish any content that constitutes unauthorized or unsolicited advertising, "junk mail," "spam", "chain letters", or “phishing”;
XIII. use the Service to transmit or publish any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
XIV use the Service to publish or transmit any content that offends religious sentiments or promotes racism; and
XV. use the Service to impersonate any individual or entity.
Privacy Requirements
Your use of the Service may result in your collection and further processing of personal information. You are required to post and abide by an appropriate privacy policy that elaborates the Learners about the collection and processing of their personal information and the Learners' rights under applicable laws.
Data Ownership
You grant Ashton James permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Service to you.
User Generated Content
In the course of using the Service, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on the Service you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Ashton James will have the right to block access to or remove such content made available by you if Ashton James receives complaints concerning any illegality or infringement of third party rights in such content. By using the Service and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Ashton James for this purpose.
Trademark
Ashton James and Ashton James logo are trademarks of ASHTON JAMES Marketing LLC. You agree not to display or use, in any manner, the Ashton James trademarks, without Ashton James’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ASHTON JAMES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASHTON JAMES MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ASHTON JAMES, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT ASHTON JAMES SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ASHTON JAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ASHTON JAMES’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold harmless Ashton James, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Service, except where such use is authorized by Ashton James.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Ashton James may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of the Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to info@Ashton-James.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Service upon reasonable belief that you have violated the Terms contained in this document
MODIFICATION OF TERMS
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Service by providing Ashton James notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at info@Ashton-James.com or call (309) 271-2991
