The Company and/or its assigns owns, controls, or licenses all right, title and interest in and to the Site and all the content featured or displayed on the Site including, but not limited to, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, data, titles, the look and feel, design and organization of the Site, the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein (the “Content”). Your use of the Site does not grant to you ownership of any Content, code, data or materials you may access on or through the Site. The Site, its Content and all related rights shall remain the exclusive property of the Company and/or its owners, licensors or content providers.
Use of Account ID & Password
The Company will assign a password and account ID to you so you can access and use certain areas of the Site. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Site, and Company shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND THE COMPANY, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE SITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify the Company of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Site’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.
User Rules of Conduct
As a condition of use, you warrant and agree that you shall not:
- Attempt to gain unauthorized access to other computer systems through the Site;
- Engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site;
- Run any form of auto-responder or “spam” on the Site;
- Obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means;
- Use the Site in any manner that could interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
- Use the Site or the Site's services or features in violation of our or any third party's intellectual property or other proprietary or legal rights; or
- Use the Site or the Site's services in violation of any applicable law. You shall abide by all applicable local, state, national and international laws and regulations.
You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could interfere with any other party's use and enjoyment of the Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
We may, from time to time, make a messaging service, chat service, bulletin board, other forums and the like available on the Site. Use of any such services is subject to the prohibitions above and any other rules or regulations that we may post in connection with such a service, bulletin board or forum.
You agree that if you include a link from any other website to the Site, such link shall open in a new browser window. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Site from your website at any time for any reason.
We will not review or consider any unsolicited creative submissions or suggestions for our systems, processes, training programs, services or for our products. Please understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by us might seem to be similar to any ideas that were submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials.
If, despite our request, you submit or provide us any information through the Site regarding the Company, the Site, or our systems, processes, training programs, services, or products including but not limited to submission of ideas for new products, concepts, business models, inventions and designs (“Ideas”), it shall become our property and shall be deemed to be non-confidential, and the Company shall be free to copy, reproduce, use, disclose, distribute and commercially exploit such Ideas in any manner, without limitation or attribution.
We will not be subject to any obligation of confidence for any Ideas submitted, and we will not be liable for any use or disclosure of any Ideas. In the case that you submit any unsolicited Ideas to us, we will exclusively own all rights to the Ideas worldwide, and we will be entitled to the unrestricted use of the Ideas for any purpose, without compensation or notification to the provider of the Ideas. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
Confidentiality and Non-Compete
Users of our Site, hereby understand that the systems, processes, tools, strategies, concepts, methodologies, materials and information presented on the Site is copyrighted and proprietary; so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our proprietary intellectual property by you or your representatives is strictly prohibited. We will pursue legal action and full damages if any of these terms are violated in order to protect these rights.
Orders for Products and Services
We may make certain products available for purchase to visitors and registrants of the Site. You may only order products if, and you hereby represent and warrant that, you are domiciled in the United States or a designated territory to which we conduct product deliveries and you are 18 years old or older. We may sell products for children, but sell them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with the involvement of a parent or guardian.
All orders placed through the Site are subject to our acceptance. This means that we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. We reserve the right to refuse service, terminate accounts, remove or edit content, in our sole discretion. If your credit card has already been charged for an order that is later cancelled, we will issue you a refund.
You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any products purchased through this Site for commercial purposes.
All features, content, availability, specifications, products and prices of products, programs, and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products, programs, or services on the Site at a particular time does not imply or warrant that these products, programs, or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Site is complete, accurate and up-to-date, including the applicable colors; however, the actual color you see depends on your device set-up, and we cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Site. In the event of a pricing error or discrepancy on the Site with respect to products or services, we reserve the right to cancel any orders for such products, programs, or services.
When a product order is placed, it will be shipped to the address designated by the purchaser. All product purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from the Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs.
Use of INCITE Platform
The Company from time-to-time sells access to its online content and learning center (the “INCITE Platform”). The Company grants you a limited, personal, non-exclusive, non-transferable license to use the courses, training programs, and associated materials (collectively the “Platform Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Platform Content in any manner.
By acquiring access to the INCITE Platform, you agree that the Platform Content you access or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By acquiring access to the INCITE Platform, you further agree that you shall not create any derivative work based upon the Platform Content and you shall not offer any competing products or services based upon any information contained in the INCITE Platform.
No Professional Advice
The information contained in or made available through the Site cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, therapeutic, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors and suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site. Neither we or our affiliates, nor our partners or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or any 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, 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.
No Guarantees As To Results
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Site or not. The Company provides educational and informational resources that are intended to help users of this Site succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether customers of the Company or otherwise – applying the principles set out in this Site are no guarantee that you or any other person or entity will be able to obtain similar results.
Disclaimer of Warranties
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT INCITE.US.COM OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. IN ADDITION, TO THE FULLEST EXTEND PERMITTED BY LAW, INCITE.US.COM HEREBY EXCLUDE ALL WARRANTIES RELATING TO THE QUALITY OF, AND/OR COMPLIANCE WITH THE DESCRIPTION ON THIS SITE, OF ANY PRODUCTS SOLD OR SUPPLIED VIA THIS SITE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS, PROGRAMS, AND SERVICES, FROM THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSABLE BY LAW IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE AND ANY CONTENT THEREON, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ACCESS TO (I) THE USE OF, OR INABILITY TO USE THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT AVAILABLE THEREON OR WHICH CAN BE REACHED BY USING THIS SITE AS A STARTING POINT, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE OR DOWNLOADING OF ANY SOFTWARE OR APPLICATION OWNED OR OPERATED BY INCITE.US.COM OR ANY THIRD PARTY, IN CONNECTION WITH THIS SITE, OR (IV) ANY ERRORS OR OMISSIONS IN THE INFORMATION, SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY, ANY PARTICIPATING ORGANIZATION OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING THIS SITE OR ANY INFORMATION, SERVICES OR CONTENT THEREON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS CLAUSE SHALL AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.
Sharing Content via Social Media Services
The Site permits you to share information with others, including through your social networks or other third party accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button or icon on or near the Content. If you share information from the Site with others through your third party accounts, such as your social networks, you authorize us to share that information with the applicable third party service. Please review the policies of any third party services you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
Third Party Websites
The Site may permit you to link to other websites, services or resources on the Internet and other websites, services or resources may contain links to the Site. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and them. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Copyright Dispute Policy
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is:
Good & Right, LLC
5910 S University Blvd
Greenwood Village, CO 80121
Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication to the Designated Agent containing the following information:
Your address, telephone number, and email address;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of works or materials being infringed;
A description of where the alleged infringing material is located with sufficient detail so that we are capable of finding and verifying its existence;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
If you prefer to contact us via email, please email us at [email protected].
If the content provider believes that the material that was removed or to which access was disabled is either not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider must send a counter- notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act to the Designated Agent. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication to the Designated Agent that sets forth the items specified below:
The address, telephone number, and email address of the content provider;
A physical or electronic signature of the content provider;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement by the content provider that such person or entity consents to the jurisdiction of Federal District Court for the judicial district in which the content provider’s address is located, or if the content provider’s address is located outside the United States, the State of Delaware and that that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
The Agreement constitutes the entire agreement between the user and the Company with respect to the Site and the Content and supersedes any prior understandings or agreements (written, oral or electronic).
If you have any questions or comments about the Site or any of our services, please contact us at: [email protected].
January 1, 2023