Privacy & Terms of Use

 

 

PRIVACY POLICY

This Privacy Policy discloses the privacy practices for the fifteen-media.com site, fifteen media portal on kajabi.com (“Portal”), and various related products and services (together referred to as the "site" or the “Company”).  fifteen media, the provider of the site (referred to as "us " or "we"), is committed to protecting your privacy online.  Please read the information below to learn the following regarding your use of this site.

You acknowledge that this Privacy Policy is part of our Site Terms and Conditions, and by accessing or using our site, you agree to be bound by all of its terms of use.  Your use of the Company’s services and this site are also governed by those of Kajabi, LLC, a California limited liability company (“Kajabi”). Please also review the Kajabi website Terms of Use at: https://newkajabi.com/policies/terms/ and Privacy Policy at:
https://newkajabi.com/policies/privacy. The Kajabi Terms Terms of Use and Privacy Policy also govern use of this Site.  In case of conflict between the terms of the Privacy Policies of Company and Kajabi, the terms of Company’s Privacy Policy will control.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS SITE.

We reserve the right to change this Privacy Policy at any time.  Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an E-mail to the E-mail address listed by registered users and posting the revised Policy on this page.  You acknowledge and agree that it is your responsibility to maintain a valid E-mail address as a registered user, review this site and this Policy periodically and to be aware of any modifications.  Your continued use of the site after such modifications will constitute your:  (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.

  1. Types of Information Collected

In order to better provide you with our numerous services, we collect two types of information about our users:  Personally Identifiable Information and Non-Personally Identifiable Information.  Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.  We do not collect information regarding your race, ethnic origin, political opinions, genetic or biometric data, trade union memberships, health data, or sexual orientation unless mandated by law or court order.

Personally Identifiable Information:  This refers to information that lets us know the specifics of who you are.  When you engage in certain activities on this site, such as registering for a membership, ordering a product or service, or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form.  It is completely optional for you to elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), E-mail address, telephone numbers, and other personal identifying information.  When ordering products or services on the site, you may be asked to provide a credit card number to a third-party payment processor.  All payments are processed through a third-party payment processor and Company does not access your credit card information.  Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary.  If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

Non-Personally Identifiable Information:  This refers to information that does not by itself identify a specific individual.  We gather certain information about you based upon which areas of the site you visit in several ways.  This information is compiled and analyzed on both a personal and an aggregated basis.  This information may include the Web site's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. 

2. Collection Methods and Use of Information

We do not collect any Personally Identifiable Information about you unless you ­voluntarily provide it to us.  You provide certain Personally Identifiable Information to us when you (a) register for our services or register your E-mail address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; or (c) send E-mail messages, submit forms or transmit other information by telephone or letter.  We may also collect information from you at other points on our site that state that such information is being collected.

In addition, we may also collect, or our third-party ad server or content server may collect, certain Non-Personally Identifiable Information.  This information is ultimately stored in the form of store categories, and, in some cases, specific URLs.  We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information.  Our third-party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon.

We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you.  We will also use Personally Identifiable Information to enhance the operation of our site, fill orders, improve our marketing and promotional efforts, statistically analyze site use, improve our product and service offerings, and customize our site's content, layout, and services.  We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices.  We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms and Conditions and this Private Policy.

Please also note that third parties who provide or publish content via the Portal shall be deemed the data controllers for any personal data contained in the content uploaded by any such party to the Portal (“Third-Party Content”) and any other personal data processed in relation to such Third-Party Content. This privacy policy only concerns the processing for which the Company is data controller. If you have any questions regarding personal data contained in the Third-Party Content, please contact the third-party provider responsible for such Third-Party Content.

3. Release of Information

We do not sell, trade, or rent your Personally Identifiable Information to others.  We do provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties.  We and our service partners use your Personally Identifiable Information to operate our sites and to deliver their services.  For example, we may release your contact information to Mail Chimp in order to communicate with Site Users.

We will encourage our service partners to adopt and post privacy policies.  However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.

Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities.  We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation.  We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities.  We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

We may also provide Non-Personally Identifiable Information about our customers' sales, traffic patterns, and related site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.

4. Updating and Correcting Information

We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us.  You may change any of your Personally Identifiable Information in your account online at any time by linking to your account in accordance with instructions posted elsewhere on this site.  You may also access, correct or request deletion of your personal information and privacy preferences by writing us at:

rebekah@fifteen-media.com

Please include your name and e-mail address when you contact us.

We encourage you to promptly update your Personally Identifiable Information if it changes.  You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this site.  In addition, it may be impossible to completely delete your information without some residual information because of backups.

5. User Choices on Collection and Use of Information

We may, from time to time, send you E-mail regarding our products and services.  At any time, you can easily edit your account information to no longer receive such offers and e-mails.

You also have choices with respect to cookies, as described below.  By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies.  If you choose to reject all cookies some parts of our site may not work properly in your case.

6. Security of Information

At our site you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards.  The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us.  Your Personally Identifiable Information is protected in several ways. In addition, your Personally Identifiable Information resides on a secure server that only selected Company personnel and contractors have access to via password.  We password protect your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to us.

Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password.  Since this information is not accessible from outside the Company, you will not be asked to select a password in order to view or modify such information.

In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions.  They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure.  As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that:  (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, or other similar types of software.

7. Cookies

When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site.  A cookie is a small data text file, which a Web site stores on your computer's hard drive (if your Web browser permits) that can later be retrieved to identify you to us.  Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our site.  The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site.  You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.

Kajabi uses the following cookies on the Site:

Cookie

Name

Purpose

_kjb_session

Kajabi session cookie

Tracks your active admin session so you don't need to re-login

kjba

Kajabi affiliate token

Tracks which affiliate has referred an offer purchase

_abv

Admin bar hidden

Tracks whether the user wishes their admin previewing bar to be hidden


  1. Privacy Policies of Third Party Sites

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you.  Other sites accessible through our site have their own privacy policies and data collection, use and disclosure practices.  Please consult each site's privacy policy.  These sites may include, but are not limited to, Kajabi, Mail Chimp, Squarespace and Stripe.  We are not responsible for the policies or practices of third parties.  Additionally, other companies that place advertising on our site may collect information about you when you view or click on their advertising through the use of cookies.  We cannot control this collection of information.  You should contact these advertisers directly if you have any questions about their use of the information that they collect.

  1. California Resident Privacy Rights

California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes. Company has not and will not share your personally identifiable information with third parties for their direct marketing purposes; accordingly, it will not maintain such a list of third parties. If you are a resident of California and desire additional information confirming how Company does not share your personally identifiable information with third parties for their direct marketing purposes, you may contact us at rebekah@fifteen-media.com with the words “California Privacy” in the subject line of your email.

  1. Miscellaneous Privacy Issues

You must be at least 18 years old to have our permission to use this site.  Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.

 

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, E-mail address, etc.) in the discussion forums or other public areas on the Portal, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties.  Such activities are beyond our control and this Policy does not apply to such information.  Any submissions to chat rooms or other public areas on this site are accepted with the understanding that they are accessible to all third parties.  If you do not want your comments to be viewed by third parties, you are advised not to make any submissions to the Portal.  Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information.  Please be careful and responsible whenever you're online.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us by sending a letter to:

Attn:  Privacy Compliance Officer

rebekah@fifteen-media.com

 

TERMS AND CONDITIONS OF USE

Please read the following general website Terms and Conditions (these “T&Cs”, “TOS” or “Agreement”) carefully before accessing the fifteen-media.com websites, which also includes fifteen media’s portal (“Portal”) hosted by kajabi.com (the “Site”), before registering an account on the Site (“Account”), reviewing any information or blog posts, or using the various Products offered for sale, as defined below, so that you (“Customer,” “User”) are aware of your legal rights and obligations with respect to fifteen media, the Site and any of its affiliates, parents and subsidiaries (individually and collectively, “fifteen media,” “the Company,” “we,” “us” or “our”).

  1. Description of the Site: The Site is designed to allow users to view the Company descriptions of services and blog, receive newsletters with information and offers, and purchase related products, including but not limited to downloadable books, courses, and files. The Site enables its clients, customers, users and visitors (together “Users”) to view information related to its various products and services, including but not limited to downloadable content, public relations consulting and business consulting (together, the “Products”). The Company may also impose limits on certain Site services and features (together “Services”), limit any Products or Services, and restrict access to parts of the Site or to the entire Site in The Company’s sole and absolute discretion and without notice or liability to anyone.

These T&Cs apply to all Users of the Site. The Site may include proprietary and third party information, including but not limited to all products, pictures, reviews, labels and other information supplements, in textual, visual, audio, video or other digital formats offered via the Site.

Certain Company Products, including electronically downloadable courses (“E-courses”), may be provided through Kajabi.com.  For such Products, both these T&Cs and any applicable Kajabi.com terms of service will govern the transaction.  In case of conflict between the terms of fifteen-media.com and Kajabi.com, the terms of fifteen-media will control.  fifteen media has no control over kajabi.com outside of certain limited capabilities within its Portal. 

In order to obtain Company’s Services, including but not limited to public relations and small business consulting, Users must enter a separate written agreement with Company prior to Company initiating Services.  Merely visiting the Site does not establish a client-consultant relationship with Company.

  1. IMPORTANT INFORMATION TO NOTE:

OUR BUSINESS CHANGES CONSTANTLY, AS DO THE COMPANY’S PRIVACY POLICY AND ANY RULES, REGULATIONS AND FAQ POSTED ON THE SITE, INCLUDING THESE T&CS. THE COMPANY MAY OR MAY NOT E-MAIL OR IN OTHER WAYS PROVIDE YOU WITH PERIODIC REMINDERS OF CHANGES TO THE COMPANY’S POLICIES, BUT IT IS YOUR EXPRESSED OBLIGATION TO CHECK THE SITE FREQUENTLY TO SEE IF THERE ARE ANY RECENT CHANGES TO ANY OF THE COMPANY’S POLICIES OR THESE T&CS. THE COMPANY RESERVES THE RIGHT TO REVISE THESE T&CS AT ANY TIME WITHOUT PROVIDING NOTICE. YOUR CONTINUED USE OF THE SITE AND THE SERVICES (AS HEREINAFTER DEFINED) SHALL BE DEEMED AN IRREVOCABLE ACCEPTANCE OF ANY SUCH REVISIONS.

BY ENTERING YOUR EMAIL ADDRESS AND MAILING ADDRESS ON THIS SITE, YOU AGREE TO RECEIVE FREE CONTENT AND PROMOTIONAL OFFERS FROM THE COMPANY. USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.

  1. Registration: In order to have access to certain Products or Services, including but not limited to purchasing downloadable e-course products on the Site, you may be required to create an Account either directly on the Site or via Kajabi.com, as directed by The Company. You may never use someone else’s Account.

During registration, The Company or designated third party site may require the submission of certain information about you. Registration Data may include your name, e-mail address, user name, password, phone number and mailing address.  When prompted for such information, you agree to provide accurate, current and complete information about yourself (“Registration Data”). You also represent that The Company may rely on your Registration Data as accurate, current and complete. You agree to maintain and update your Registration Data to keep it accurate, current and complete. The Company reserves the right, in The Company’s sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive or incomplete Registration Data.

Username and Password: As part of the registration process, you may be asked to select a username and password. The Company may refuse to grant to you any username, which in The Company’s sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and The Company reserves the sole right, at The Company’s own discretion, to deem any username invalid.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND FOR ANY AND ALL PURCHASES, COMMUNICATIONS AND OTHER ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL OR RESELL YOUR ACCOUNT, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR ACCOUNT, TO ANY THIRD PARTY.

  1. International Site Access: Users from countries other than the United States are advised not to disclose personal information unless they consent to having their information used as set forth in this Site’s Privacy Policy. Access to the Site is void where prohibited.

  2. Term and Termination: The Company may decide at any time in its sole and absolute discretion whether to remove or terminate a Customer’s access to the Site, its Services or any Product, for any reason, including but not limited to violations of these T&Cs. The Company may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by The Company or upon transmittal by us. However, your obligations of indemnification pursuant to these T&Cs shall survive any termination or the cancellation of Account.

Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity or enforceability of these T&Cs for the time period prior to your request and during the time period needed for The Company to reasonably act to comply with your request.

Unless otherwise stated in writing, the relationship between Customer and The Company shall continue indefinitely. 

  1. Content on Site: All information provided on the Site is believed to be accurate at the time of publication.

You may access such information solely:

  1. For your general information and personal use; and

  2. As intended through the normal functionality of the Site.

THIS SITE MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES AND USERS. THE COMPANY IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.

The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.

  1. Proprietary Rights of Content: The content on the Site, including without limitation, the text, software, code, scripts, graphics, photos, sounds, music, artwork, videos, and interactive features, (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to The Company, subject to all intellectual property rights, including but not limited to trademark, copyright, licensing, patent, trade secret and other proprietary rights laws. The copying, redistribution or publication by you of any part of the Site, Services or Products is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Products or other materials viewed at, on or through the Site, Services or Products. The posting of information or material at or on the Site by The Company does not constitute a waiver of any right in such information and materials. All images, text, design and layouts are copyright protected under the Federal Copyright Law and are the sole property of The Company or its licensors. No form of reproduction of these images and photographs, including downloading, copying or saving of digital image files is authorized without the express written consent of The Company.

  2. Online Conduct: You agree to use the Site in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. You agree not to:

  1. Engage in advertising to, or solicitation of, other Users to buy or sell any products or services through the Site;

  2. Transmit any spam or junk e-mail to other Users;

  3. Harvest or collect personal information about other Users, whether or not for commercial purposes, without their express consent;

  4. Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

  5. Post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of The Company or the owner of such proprietary rights;

  6. To access the Site through any technology or means other than through the means provided on the Site themselves or other explicitly authorized means The Company may designate;

  7. Remove any copyright, trademark or other proprietary rights notices contained on the Site;

  8. Interfere with or disrupt the Site, or the servers and networks connected to the Site;

  9. Post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  10. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;

  11. “Frame” or “mirror” any part of the Site, without The Company’s specific, prior written authorization;

  12. Use metatags, code or other devices containing any reference to The Company or the Site in order to direct any person to any other website for any purpose; or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and

  13. To use the Site, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of The Company. Prohibited commercial uses include any of the following actions taken without The Company’s express consent: (i) sale of access to the Site, Products or Services on another website; or (ii) use of the Site, Products or Services for the primary purpose of gaining advertisements or subscription revenue.

The Company reserves the right, but has no obligation, to reject any Account that does not comply with these prohibitions in The Company’s sole and absolute discretion. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these T&Cs and may result in the immediate termination of your Account pursuant to the terms of these T&Cs. The Company reserves the right to pursue any and all legal remedies against Users who engage in any of the aforementioned prohibited conduct. However, in any event, The Company assumes no responsibility for the conduct of other Users of the Site.

  1. License Grant: Company grants to the User a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content), Products or Services in accordance with this Agreement. The Company retains the right to terminate this license, without notice, in The Company’s sole and absolute discretion, at any time for any reason whatsoever. The Company also reserves any rights not explicitly granted in these T&Cs.

No part of the Site, Products or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Products or Services, or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site, Products or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.

Digital Millennium Copyright Act

  1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing The Company’s Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):

  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  3. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  4. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

  5. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  6. 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

  7. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  8. The Company’s designated Copyright Agent to receive notifications of claimed infringement is Attn: Copyright Agent, rebekah@fifteen-media.com.  You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

  1. Privacy: Your privacy is very important to us. To better protect your rights, The Company has provided you with The Company’s Privacy Policy, which may change from time to time, without notice, to explain The Company’s privacy practices. To read The Company’s Privacy Policy, please use the link provided on the Site’s home page.

  2. Indemnification: You agree to indemnify, defend and hold The Company, and its subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, employees, heirs, and assigns (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, its Services or the Products, or (ii) arising from your violation or breach of any term of these T&Cs or any policies, rules or guidelines referenced herein.

  3. Warranties: You expressly agree that access or use of the Site or its Services is at your sole risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and Services may contain bugs, errors, problems or other limitations.

The Company and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site, Services or Products to the fullest extent permitted by applicable law. The Company and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

The negation of damages set forth above is a fundamental element of the basis of the bargain between you and The Company. The Site, Services and Products would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from The Company through the Site or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement. The Company is not responsible to you or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, Customer's communications; 2) the conduct of any Users, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another’s rights, including intellectual property rights.

The Company shall not be liable to you for any Products, Content or information available supplied by third parties, even if obtained through the Site or Services. If you are dissatisfied with the Site, Services or with this Agreement, your sole and exclusive remedy is terminated access and discontinued use of the Site and Services.

THE COMPANY MAKES NO WARRANTY THAT (I) THE SITE OR ANY INFORMATION THEREIN WILL MEET ANY PARTICULAR REQUIREMENT OR EXPECTATION, (II) THE SITE ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO CONSULTING SERVICES AND DOWNLOADABLE E-COURSE PRODUCTS, WILL BE ACCURATE, RELIABLE OR WILL YIELD A PARTICULAR RESULT, OR (IV) THE QUALITY, ACCURACY, LIKELY RESULTS OR RELIABILITY OF ANY PRODUCTS, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.  USERS UNDERSTAND AND AGREE THAT NO PARTICULAR RESULT CAN BE GUARANTEED AND THAT INDIVIDUAL USER ACTIONS AND CIRCUMSTANCES WILL DETERMINE OUTCOMES.

 

Third-party Websites: The Site may contain links to other websites owned and operated by The Company, as well as links, to redirect you to other third-party websites not owned or controlled by The Company, including but not limited to kajabi.com.  The Company has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party site. By using the Site, you expressly relieve The Company from any and all liability arising from your use of any third-party website. Furthermore, The Company does not endorse, and is not responsible or liable for, any content, advertising, services, products or other materials at or available through such third-party websites or resources, or for any damages or losses arising therefrom.

Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will bound by the terms and conditions, policy policies, and rules and regulations of any The Company or third-party website you access through the Site.  The Company will not be responsible for any performance or service problems caused by any third-party website or third-party service provider, including but not limited to Squarespace, Stripe, or Kajabi.

  1. Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be revised to the extent that is possible to carry out the parties’ intent. If such revision is not possible, that portion shall be severed and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

The Company’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement.

You expressly authorize The Company to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

The titles and subtitles used in this Agreement are used for convenience only and shall not be considered in the interpretation of this Agreement.

This Agreement and any exhibits attached hereto constitute the entire agreement of The Company’s Terms of Service and supersede all prior agreements between you and The Company with respect to the Site, Services and Products provided herein.

  1. Legal Warning: Any attempt by any individual, whether a Customer's or otherwise, to damage, destroy, tamper with, vandalize or otherwise interfere with the operation of the Site or Services, is a violation of criminal and civil law. The Company will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

  2. Taxes: You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Service, including any district taxes in your jurisdiction. 

  3. Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS OTHERWISE PROHIBITED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, SERVICES OR PRODUCTS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, OFFERS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE, SERVICES OR PRODUCTS; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;  (V) USE, CONSUMPTION, OR PURCHASE OF PRODUCTS SOLD BY THE SITE OR THE COMPANY; (VI) ANY OTHER MATTER RELATING TO THE SITE, PRODUCTS OR SERVICES. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF PURCHASES MADE THROUGH THE SITE.

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 WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, SERVICES OR PRODUCTS.

  1. No Refunds: All other sales, including downloadable e-course products, are final and are not subject to refund.

  2. Governing Law and Dispute Resolution:

This Agreement shall be treated as though it were executed and performed in Travis County, Texas, USA and shall be governed in all respects by the laws of the State of Texas without regard to its conflicts of laws provisions.

Before resorting to the formal dispute resolution steps listed below, The Company requires you to first contact us directly to seek a resolution by sending an email to rebekah@fifteen-media.com.  Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall first be submitted to mediation in Austin, Travis County, Texas by a mediator appointed by The Company.  Both parties will share the costs of mediation. If the dispute is not resolved after attempted mediation in good faith, the matter shall be settled by a district court in Austin, Travis County, Texas.

Notwithstanding the foregoing, you acknowledge that violation of these Terms and Conditions may cause Company to suffer immediate and material irreparable harm with incalculable damages that would be inadequately remedied by money damages.  In response to such violations, Company may seek immediate equitable relief against you, including, but not limited to, specific performance, temporary restraining order and injunctive relief, without first pursuing informal resolution or mediation.

  1. Typographical Errors: In the event a Product or Service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from a supplier, The Company shall have the right to refuse or cancel any orders placed for Product or Service listed at the incorrect price or with other incorrect information. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Company shall immediately issue a credit to your credit card account in the amount of the charge.