Effective Date: October 2024
This Terms of Use Agreement (“Agreement”) is between you and Living Source LLC (“Company”). Company operates the websites located at www.michellebersell.com and www.iiee.training (the “Sites”) and offers related training programs, products, services, and materials (collectively, the “Program Materials”). By accessing or using the Sites or Program Materials, you agree to be bound by these Terms. If you do not agree, you are not authorized to use the Sites or Program Materials.
1. Eligibility and Access
To use the Sites, you must have internet access and pay any related service fees. You must be at least 18 years old, an emancipated minor, or have parental or guardian consent, and you must be able to understand and comply with these Terms. Company does not guarantee that the Sites or Program Materials will be available at all times or without interruption.
2. Acceptance of Changes
Company may revise these Terms at any time by posting an updated version on the Sites. Your continued use of the Sites or Program Materials after any change is posted constitutes your acceptance of the revised Terms.
3. Permitted Use
The Sites and Program Materials are provided for your personal, non-commercial use unless Company gives prior written permission otherwise. You may view and download content only as expressly allowed in these Terms and only for lawful personal use.
4. Restrictions on Use
You may not:
- Copy, reproduce, republish, upload, post, transmit, translate, sell, resell, rent, license, or distribute any part of the Sites or Program Materials.
- Modify, create derivative works from, or commercially exploit any content from the Sites or Program Materials.
- Frame, deep-link, or establish unauthorized hyperlinks to the Sites.
- Share, transfer, or allow others to use your account, user ID, or password.
- Use any content from the Sites in any product, service, website, or publication without Company’s prior written consent.
- Instruct or enable any other person to do any of the foregoing.
5. Intellectual Property
The Sites, Program Materials, and all related content, including all names, designs, marks, slogans, text, images, audio, video, and other materials, are owned by Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. No ownership rights or licenses are transferred to you except for the limited right to use the Sites and Program Materials as permitted under this Agreement.
6. Changes to the Sites
Company may modify, suspend, discontinue, or update the Sites or any part of them at any time, with or without notice. Company is not liable for any interruption, suspension, discontinuance, or modification of the Sites or Program Materials. Information on the Sites may be changed at any time and may not always reflect the most current status.
7. Third-Party Links and Advertising
The Sites may contain links to third-party websites, content, or services, and may display third-party advertisements. Company does not control, endorse, or assume responsibility for third-party websites, content, products, services, or policies. Your dealings with any third party are solely between you and that third party. Company is not responsible or liable for any loss or damage resulting from those dealings.
If you wish to create a hyperlink to the Sites, you must obtain Company’s prior written consent. You may not suggest that Company has endorsed, sponsored, or approved your site or content unless Company has expressly agreed in writing.
8. Educational Use and Disclaimer
The content on the Sites and in the Program Materials is provided for informational and educational purposes only. Company does not provide medical care, psychotherapy, mental health treatment, or any other professional service. Company does not provide legal, tax, financial, or investment advice, and nothing on the Sites or in the Program Materials should be relied upon as a substitute for advice from a qualified professional.
Company does not guarantee any specific results, earnings, future earnings, or other outcomes from use of the Sites or Program Materials. Your results depend entirely on your own understanding, effort, circumstances, and implementation.
9. Disclaimer of Warranties
THE SITES AND PROGRAM MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE.
Company does not warrant that the Sites or Program Materials will be uninterrupted, error-free, or free from viruses or other harmful components. Any material downloaded or otherwise obtained through use of the Sites is accessed at your own risk, and you are solely responsible for any damage to your device or data loss that results.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, CONTRACTORS, EMPLOYEES, AGENTS, AND DATA PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES, PROGRAM MATERIALS, OR ANY THIRD-PARTY PRODUCTS, CONTENT, OR SERVICES.
This includes, without limitation, damages for lost profits, lost revenue, lost opportunities, loss of data, computer damage, delay, inconvenience, emotional distress, or injury. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.
11. Online Purchases and Enrollment
If you enroll in or purchase any training program, product, or service with a fee, you agree to pay all amounts due and authorize Company or its payment processor to charge your payment method as described at checkout or in your payment plan agreement. If you choose a payment plan, you agree to timely make each scheduled payment until the balance is paid in full.
If a payment is missed, Company may suspend or terminate access to the applicable Program Materials until the account is brought current. Unless a separate written policy or agreement states otherwise, you remain responsible for the full purchase price even if you stop participating, withdraw, or fail to complete the program.
You agree to provide accurate billing, payment, and contact information, and to use the Sites and Program Materials only for lawful and legitimate purposes. You agree not to make purchases for speculative, false, or fraudulent purposes.
12. Third-Party Payment Processing
When you make a purchase, transaction information such as your name, billing details, and payment information may be collected by Company and by the third-party merchant or payment processor. Third parties may have their own privacy and data collection practices, and Company is not responsible for those independent policies.
13. Termination
Company may refuse service, suspend access, or terminate your access to the Sites, Program Materials, or related communications at any time, with or without notice, if Company believes you have violated these Terms or for any other lawful reason. Upon termination, any remaining balances may become immediately due.
The provisions relating to intellectual property, disclaimers, limitations of liability, dispute resolution, and payment obligations will survive termination to the extent necessary to give them effect.
14. Dispute Resolution
Before filing a formal claim, you agree to first attempt to resolve any dispute informally by contacting Company by email. If the dispute cannot be resolved informally, the parties agree to submit the dispute to binding arbitration in Wisconsin before a single arbitrator under the rules of the American Arbitration Association, unless the parties agree otherwise in writing.
To the fullest extent permitted by law, no party may recover consequential, punitive, or similar damages in arbitration. The prevailing party may recover reasonable attorney’s fees and costs where permitted by law.
15. Governing Law
These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles. Subject to the arbitration provision above, the state and federal courts located in Ozaukee County, Wisconsin will have exclusive jurisdiction over any permitted court proceedings.
16. Miscellaneous
These Terms constitute the entire agreement between you and Company concerning the Sites and Program Materials and supersede prior or contemporaneous agreements or understandings on the same subject. Company may assign its rights and obligations under these Terms.
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Company’s failure to enforce any provision is not a waiver of that provision. Section headings are for convenience only and do not affect interpretation. Additional terms may apply to specific offers, services, or features.
17. Contact Information
Questions about these Terms may be sent to support@michellebersell.com or support@iiee.training