Subscriber Agreement and Terms of Use for

RESULTS LEARNING CENTER

1. Read This: This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between RESULTS LEARNING CENTER, owner of resultslearningcenter.com [hereinafter “Company”], with offices at 8759 HWY 20-26, Nampa, Idaho 83687, and you, the user (“you”, “your” or “User”).

The Company provides a personalized subscription service that allows its members to access various online courses, instructional videos, participant guides, and virtual technical assistance and coaching (“Company Content”) streamed over the Internet to Users for and in consideration of yearly subscription fees that vary according to courses desired. This Agreement contains the terms and conditions that govern the use of the Company’s website(s) (“Website” or “Websites” or “Site”), and use of, and access to, Company Content.

BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, COMPANY CONTENT OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE “Services”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE Services. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE Services CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

• Access to the Site. To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to the Services or to any of its resources, and to terminate or suspend your access at any time. You agree to use the Services, including all functionalities associated therewith, in accordance with this Agreement and all applicable laws, rules and regulations. You agree not to misappropriate, archive, download, reproduce, distribute, publish, or display, or create derivative works from, offer for sale, or use the Services and any information contained in, on or obtained from or through the Services. You agree not to remove or alter any of the content protections in or related to the Services; use any spider, scraper or any other similar mechanism or automated means to access the Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services; manipulate the Services in any way; or use any data mining, gathering or extraction method. The Company may terminate or restrict your use of the Services if you violate any term of this Agreement or are engaged in illegal or fraudulent use of the Services.
• Membership. To access and the Company Content within the Services, you must enroll as a member and subscribe to the Company Content. After membership enrollment, your membership will automatically renew until terminated. To use the Company Content you must have internet access and provide the Company with a valid payment method. You must cancel your membership before it renews in order to avoid incurring any membership fees for the next billing cycle.
  • We may offer a number of membership plans some of which may have differing conditions and limitations, which will be disclosed at enrollment or in other communications to you. You can find specific details regarding your membership by visiting the Company website and accessing your account information.
  • The membership fee for Company Content and any other charges you may incur will be charged to your payment method on the payment date indicated in your account. Your billing cycle may depend on your specific type of subscription or member service. All membership fees are deemed to be fully earned by the Company upon payment. You agree and authorize your payment method or service-related charges for one year of service as soon as you register.
  • To access and use the Company Content or Services you must provide a payment method. You authorize us to charge any payment method associated with your account for the amount of your subscription fee and any other Services-related fees or costs. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to your account or the member services you provide a valid payment method. You may update your payment method at any time, and you authorize us to continue to charge the applicable payment method as updated.
  • You may cancel your subscription or membership at any time whereupon you will continue to have access to Company Content and the Services, and be charged for such, through the end of your current billing period. Payments are nonrefundable and no refunds or credits will be given for partially used membership periods.
  • Company reserves the right to change subscription plans or adjust member pricing for any of the Company Content or Services in Company’s sole and absolute discretion. Any membership price changes to your subscription plan will take effect following fifteen (15) days notice to you.
• No Unlawful Access. You agree that you will not use the Services in any manner that could in any way disable, overburden, damage, or impair the Services or otherwise interfere with any other party’s use and enjoyment of the Services. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Services.
• Personal and Non-Commercial Use Limitation. The Services are for your personal and non-commercial use, unless otherwise specified in writing. You may not use the Services for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the Company in each instance, which permission will be at Company’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Services, in whole or in part.
• Proprietary Information. All content found in or on the Services (the “Content”) is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the Content contained in or on any of the Services shall be considered transferred or assigned to the you at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance.
• Right to Terminate Access. Company reserves the right to monitor use of the Services to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Company reserves the right to terminate your access to any or all of the Services at any time without notice for any reason whatsoever.
• Disclaimer & Limitations on Liability. You understand that Company cannot and does not guarantee or warrant that files available for downloading in or from the Services will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to the Services. Company further disclaims any responsibility to ensure that the Content located in or on the Services is necessarily complete and up-to-date.

THE CONTENT IN OR ON THIS SITE OR THE Services IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

• Indemnity. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF THE Services or CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.
• Trademarks and Copyrights. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, “Intellectual Property”) appearing in or on the Services are the property of Company or the party that provided the Intellectual Property to Company. Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third party.
• Security. Any passwords used for the Servicesare for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Company may require that you change your password. You are prohibited from using any of the Services or facilities provided in connection with the Services or this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

1. Arbitration of All Disputes. If there is any dispute about or involving these Terms of Use, the Website or the Services, you agree that any dispute shall be governed by the laws of the State of Idaho, notwithstanding any principles of conflicts of law. You agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court with venue in Canyon County, Idaho. You hereby waive your right to a trial by jury or to participate in any class action arising out of or related to the Services or this Agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Company membership. Any dispute, action or arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
2. Miscellaneous.
   1. If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
   2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of the Services.
   3. These Terms of Use constitute the entire agreement among the parties relating to the Services and the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website or any of the Services. Company may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Website after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
   4. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of the Company.
   5. You agree that any information relating to your membership, account (e.g. payment authorizations, invoices, changes in password, confirmation messages, notices) may be sent to you in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
3. If you would like to report any violations of this Agreement, or you have any questions regarding this Agreement, please contact us at [email protected].

Please report any violations of this Agreement to the Company at [email protected].