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TERMS OF USE

Terms of Use

Last updated September 1, 2019

  1. Site and Services. ThomasLeland LLC (“ThomasLeland,” “we,” “us,” “our”) provides its services to you through its website com(the “Site”) and related services (collectively, the “Services”), subject to the following Terms of Use (the “Terms of Use”).  
  2. This is a Binding Agreement.THESE TERMS OF USE GOVERN YOUR USE OF THE SITE AND SERVICES. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE AND YOU REPRESENT AND WARRANT THAT YOU ARE IN ALL RESPECTS QUALIFIED AND COMPETENT TO ENTER INTO THIS AGREEMENT.

We may change these terms of use at any time by posting updates here on the site. We may also notify you of such changes by email or other means. Your continued use of the Site and Services after the date any such changes become effective indicates your acceptance of the new Terms of Use.  If you do not accept these Terms of Service, do not create an account or otherwise use the Site or Services.

PLEASE PAY PARTICULAR ATTENTION TO SECTION 10 REGARDING BINDING ARBITRATION AND WAIVER OF CLASS ACTION, WHICH WILL AFFECT YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

  1. Your Account. Before you can purchase and stream Services you need to create an account.  You must be at least eighteen years old to create an account. If we become aware that you have created an account and you are younger than the required age, we will terminate your account. To create an account, you will need to provide a login name (which need not be your actual name), your email address and a password.  You must keep your password safe and not share it. If you believe someone else is using your account, contact us at [email protected] for assistance.

You may not transfer your account to anyone else or use someone else’s account. If your account has no activity for an extended period, we reserve the right to close it.

You can terminate your account at any time by sending a request to [email protected]

  1. Service Access and License Grants.
    • a streaming audio / video presentation;
    • various downloadable resources (pdf files);
    • and / or a Certificate (pdf file).
    • You may stream the audio / video file on your smartphone or any other device for your own personal use; however, the audio file itself cannot be recorded, transferred or forwarded to anyone for any other use.  You will have access to the audio stream for as long as it remains available on the Site, which will be for at least one year after you purchase the course or until we cease using our current audio / video streaming platform.  If we cease using our current platform you may no longer have access to the audio / video file. However, we may, in our discretion, provide you with access to another platform or permit you to download the audio / video files for the courses you have purchased.
    • You may print paper copies of the PDFs for yourself. You may also print up to ten paper copies of the PDFs for your team members at work. If you require more than ten team member copies, please contact [email protected] for an enterprise license. 
    • If you purchase a course as a gift for another person, you may specify the email address of the recipient, who will then have one year from the date of purchase or until we cease using our current audio / video streaming platform to listen to the audio stream and to download the PDF resources in the manner described in Sections 4.2.1 through 4.2.3 above. Gifts are not refundable and may not be exchanged by the recipient.
    • Course Description. Courses may include the following items:
    • License Grants. We grant you the following limited, non-exclusive, non-transferrable license rights when you purchase a course:

The foregoing license grants are personal to you, and you may not sell, lease, display, distribute, perform, publish, reproduce modify or use the Site or Services for any commercial or other purposes than those described above.

  1. Service Content. The content of the Services has been created by independent authors and not by us. 

WE DO NOT REVIEW OR EDIT THE COURSES FOR ACCURACY OR CORRECTNESS, AND WE DO NOT WARRANT OR GUARANTEE IN ANY MANNER THE RELIABILITY, VALIDITY, ACCURACY OR TRUTHFULNESS OF ANY SERVICE. We do not hold ourselves out as experts or professionals in any topics covered by Services and you rely on any information included in a Service at your own risk.

When using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. We undertaker no responsibility to prevent such exposure, and we disclaim liability for your access to the Services to the full extent permissible under applicable law.

  1. Services Modifications. We reserve the right to modify or discontinue, temporarily or permanently, any Service with or without notice. You agree that we will not be liable to you for any modification, suspension or discontinuance of a Service. We have no obligation to maintain your account for any period of time.
  2. Payments. At the time you purchase a Service, you will be required to provide us or our payment processor with information regarding your credit card. You represent and warrant to us that such information is true and that you are authorized to use the credit card. You hereby authorize us to bill your credit card for the Services you purchase, and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you.

All sales are final and non-refundable.

  1. No Warranty; Disclaimers. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FROM TIME TO TIME THE SITE OR SERVICES MAY BE UNAVAILABLE DUE TO PLANNED MAINTENANCE OR UNANTICIPATED CIRCUMSTANCES. YOUR USE OF THE SERVICES (INCLUDING ANY CONTENT) IS ENTIRELY AT YOUR OWN RISK.

WE MAKE NO WARRANTY REGARDING ANY INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONNECTION WITH, THE SITE, UNLESS EXPRESSLY AGREED OTHERWISE IN ANOTHER WRITTEN AGREEMENT. WE HEREBY EXPRESSLY DISCLAIM, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF SITE INFORMATION OR SERVICES AND ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DON’T ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES.
  2. Binding Arbitration; Waiver of Class Action. You and we agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

Before taking any formal action to resolve a dispute with us, you agree to contact us at ThomasLeland LLC, 2600 E Southlake Blvd, Suite 120 – 327, Southlake, TX 76092 and to provide your contact information and a brief, written description of the dispute.  Except for intellectual property and small claims court claims, you and we agree to use our best efforts to settle any dispute directly through good faith negotiations as a pre-condition to initiating a lawsuit or arbitration.

If the negotiations described in the prior paragraph are unavailing, either of us can bring a qualifying claim in small claims court in (a) Dallas, Texas, (b) the county in which you live, or (c) another qualified court upon which we mutually agree.

All disputes, claims, or controversies arising out of or relating to these Terms of Service or the Site or Services that are not resolved by the procedures identified above will be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be written and will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.

Notwithstanding any other provision of this Section 10, you or we may bring any claims respecting intellectual property rights in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to us at the address set forth above. The notice must be sent within thirty (30) days of (a) the “Last updated” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this mandatory arbitration and class action waiver provision, whichever is later. Otherwise you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, we also will not be bound by them.

YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE DISPUTE PROCEDURES WILL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND US REGARDING ANY ASPECT OF THE SITE OR SERVICES AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

Notwithstanding any other provisions of these Terms of Service, if we change this "Binding Arbitration; Waiver of Class Action" section after the date you last indicate acceptance of these Terms of Use, you may reject any such change by providing us written notice of such rejection by mail or hand delivery to the address set forth above within 30 days of the date such change became effective, as indicated by the "Last updated" date above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this " Binding Arbitration; Waiver of Class Action" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and us in accordance with the provisions of this section as of the date you last indicated acceptance to these Terms.

  1. Data Protection and Privacy. We use personal data you provide to us when you create your account and when you pay for Services (Personal Data) only for the purposes described in these Terms of Use. 

We may occasionally use your email address to provide you with information regarding our Services.  You may terminate such notifications at any time by sending a request to [email protected]

We do not sell Personal Data to others and we do not disclose Personal Data to others except to those who process the Personal Data on our behalf for the purposes described in these Terms of use. 

THE SITE AND SERVICES ARE NOT CURRENTLY DIRECTED TO PERSONS IN THE EUROPEAN UNION. ACCORDINGLY, THE PERSONAL DATA OF PERSONS ACCESSING THE SITE AND SERVICES WILL NOT HAVE ALL OF THE SPECIFIC PROTECTIONS EMBODIED IN THE EU GENERAL DATA PROTECTION REGULATION (GDPR) OR OTHER NON-U.S. DATA PROTECTION LAWS.

  1. General Provisions.
    • These Terms of Use contain the entire agreement between you and us regarding your use of the Site and services.
    • Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
    • If any provision of these Terms of Use is determined to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect.
    • These Terms of Use are governed by the laws of the state of Texas and the United States without reference to choice or conflicts of law principles. You and we consent to the exclusive jurisdiction and venue of federal and state courts in Dallas, Texas, USA.
    • You may not assign these Terms of Service without our prior written consent, but we may assign or transfer these Terms of Service, in whole or in part, without restriction.
    • The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
    • Notices to you may be made via either email or regular mail. We may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Site or Services.
    • Under no circumstances will we be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control.
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