These terms and conditions apply to Glesholas LLC (dba TBR Journal), all online content and digital products provided by Glesholas LLC (dba TBR Journal) and hereafter referred to as “the Company”.
These terms and conditions apply to the use of content or sale of any digital product created and sold by the Company. Please read these terms and conditions carefully after purchasing your product and before the end of your refund period.
Definitions
“The Company” refers to Glesholas LLC, doing business as TBR Journal.
“The Website” refers to any website owned and operated by The Company including but not limited to tbrjournal.com
“The Service” refers broadly to The Website itself, the content hosted there and any digital features or products provided for use or purchase to The Website users or customers.
“Abusive, inappropriate, or offensive behavior/language” includes but is not limited to the following:
- Any form of discrimination on the basis of race, ethnicity, gender, sexual orientation, religion, disability, or age;
- Any form of harassment of either students, members of social media groups, or staff providing The Service;
- Bullying or verbal abuse (e.g. yelling both in person or via email, persistent swearing in order to intimidate, sexist or racist comments, accusations, threats, personal attacks, etc.).
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.
Content
Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
The Company has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service is the property of The Company or is used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account or related access.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
Intellectual Property
The Company and its original content, features and functionality are and will remain the exclusive property of The Company and its licensors. The Company is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Termination
The Company reserves the right to terminate or suspend your account or access to the Service at any time with or without refund, cancellation of the payment plan, notice, or liability under our sole discretion, for any reason whatsoever and without limitation.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Reasons for termination include but are not limited to:
- Breach of these Terms and Conditions;
- Abusive or inappropriate behavior to any member of our team providing The Service;
- Abusive or inappropriate behavior towards our other users on The Website, forums, or Facebook groups;
- Product or service availability
- Errors in the description or price of the product or service
- Error in your order
- Non-payment for a purchase from The Company, The Website or The Service
- Termination of access due to abusive behavior or non-payment does not exempt you from completing any outstanding payment plans.
Our Products and Services
Descriptions of The Company’s products and services are available on The Website. We will provide these products and services with reasonable care and skill in accordance with the descriptions set out on The Website.
The Company is constantly updating product and service offerings. We may experience delays in updating information both within the content and in our marketing/sales materials. Information found on the Company’s website or in the Company’s marketing materials may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable and we cannot guarantee the accuracy or completeness of any information found on The Website or within The Company’s course offerings.
The Company reserves the right to vary, change, update, or withdraw any content, product or marketing materials described on The Website or related sales pages to correct errors, inaccuracies, or omissions at any time without prior notice.
Permissions
Upon purchase of any of the Company’s products or services, you give the Company permission to take a screenshot of, copy, exhibit, publish or distribute any review or testimonial either whole or in part for the purpose of promoting the Company’s courses or for any other lawful purpose. This includes any post shared in a course or Company social media group (e.g. Facebook, Slack, etc.)
You waive any right to inspect or approve the finished product, including written copy wherein the testimonial appears.
Testimonials may be used in publications (digital or printed), multimedia presentations, on websites, social media, or in any other distribution media. You agree that you will not make any monetary or other claims against the Company for the use of any testimonials or reviews.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at [email protected].
Links To Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by The Company.
The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that The Company 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 use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the Terms of Service and privacy policies of any third party websites or services that you visit.
Indemnification
You agree to defend, indemnify and hold harmless The Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of any of the following:
- Your use and access of the Service, by you or any person using your account and password;
- A breach of these Terms
- Content posted on the Service
Limitation Of Liability
In no event shall The Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use The Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from The Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of The Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Company, its subsidiaries, affiliates, and its licensors do not warrant that a) The Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) The Service is free of viruses or other harmful components; or d) the results of using The Service will meet your requirements.
Entire Agreement
These terms and conditions, together with our Refund Policy and any of our product or service offering policies are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
Force Majeure
The Company shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use The Service.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at [email protected].