Terms and Conditions of Use

 MissingLogic, LLC

Terms and Conditions of Use

 MissingLogic, LLCSM (Company) welcomes you to our website.  Please read the following Terms and Conditions of Use (Terms) that constitute a license covering your use of this site and any transactions that you engage in through this site (Agreement).  All data, information, services, products, blogs, postings, password-protected areas, member sites, opinions, images, designs, photographs, HTML/CSS, Javascript, text, writings, graphics, data, logos, comments, and Materials (documents, resources, recordings, worksheets, tip sheets, quizzes, reference lists, videos, assessments, slides, private Facebook group, Facebook live sessions, and other supplemental materials or forums) provided on or through this website (collectively considered Company Content) may be used solely under the following Terms.  By accessing, viewing, or using any Internet properties of MissingLogic, including this website, mobile website, mobile application, member site, profiles on social media, digital services, or social media used by MissingLogic for online courses, programs, workshops, seminars, or other services (Sites), you acknowledge that you have read, understand, and agree to comply with these Terms.  We reserve the right to revise these Terms at any time in our sole discretion by posting revised Terms to the Sites.  If you don't wish to be bound by these Terms, please do not use this site.  "Company" includes the owners of MissingLogic, LLC, as well as its employees, agents, contractors, third-party content providers, and licensors.  You expressly agree that use of this Site is solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. 

 

Site Use

These Sites are provided solely for the use of our current and future clients to provide you with information about our Company, permit you to place orders for our products and services, allow you to view content, allow you to access a members-only site, and enable you to contact us with any questions or comments.  Any other use of this site is prohibited.  As a user, you are granted a single-user, non-exclusive, non-transferable, revocable limited license to access and use the Sites, Materials, and Company Content in accordance with these Terms.  We may terminate this license at any time for any reason.  Distribution of Materials or Company Content for commercial purposes is prohibited, as the Materials and Company Content on these Sites is for your personal use only and not for commercial sale or exploitation.  You may not use the Sites, Materials, or Company Content for any unauthorized or illegal purpose or activity.  We reserve the right to immediately restrict, suspend, block, or terminate any user's access to the Sites or terminate this Agreement at any time for any reason, in our sole discretion.  Unless expressly required by law, we do not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network.  Not all of the Materials or Company Content included on the Sites should be considered a course, training materials, instruction, or advice and should not be used as such.

 

Privacy

We only collect personal information online when you choose to provide it, and we will only e-mail users who have contacted us or requested it.  Information that a user posts on the Sites (e.g. comments) will be available to the public.  Otherwise, we will only use or disclose information about you for the reason that you provided it (e.g. to respond to a question or request via e-mail) unless we have your permission to post additional information.  You acknowledge, consent, and agree that we may access, preserve, and disclose your account information and any content you posted if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of the Company to (A) comply with a legal process; (B) enforce the Terms or Agreement; (C) respond to claims that any Materials or Company Content violates the rights of third parties; or (D) respond to your requests for customer service.  To access your personal information held by the Company or to correct or update your personal information, contact us at [email protected].

 

Intellectual Property

Materials and Company Content available on all Sites are protected by copyright law.  All Materials and Company Content are used by permission, available for use under the Fair Trade doctrine, or copyrighted property of our Company and therefore created solely for our users or clients.  The Materials and Company Content contained on the Sites are the property of the Company or used by permission and are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights.  The views and opinions of other organizations referenced in Materials and Company Content or on the Sites are solely those of the organizations and not our Company.  By using the Materials or Company Content, you assume all risk and release us from any liability associated with the Sites, Materials, or Company Content.  You must comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of all Materials and Company Content.  We do not grant you any express or implied right in or under any trademarks, service marks, copyrights, or trade secret information.  You do not have permission to reproduce, store, transmit, display, copy, photocopy, distribute, download, reduce to any electronic medium or machine-readable form, or print the Sites, Materials, or Company Content in whole or in part unless prior written permission is given by our Company.  If you are granted permission, you must retain all copyright and other proprietary notices on all copies of the Materials or Company Content.  Unauthorized reproduction in whole or in part is a copyright infringement, which we will actively pursue.  We welcome your comments, suggestions, notes, text, drawings, images, designs, or other writings about or ways to improve services or products offered or the Site, Materials, Company Content, or our Company.  However, once submitted, these items become the sole and exclusive property of MissingLogic with no obligation to acknowledge or compensate you.

 

Products and Services

The products and services available on the Sites are intended for personal use only.  You cannot assign, transfer, re-market, resell, or otherwise dispose of our products or services unless you first obtain our written consent.  We will cancel or modify purchases on the Sites if it appears that they result from fraudulent or inappropriate activity.  We may revise and discontinue services or products at any time.  Prices and promotions are subject to change without notice.

 

Billing and Payment

Terms of payment are within our sole discretion.  Payment must be received before services are delivered unless we approve other payment terms.  For products or services ordered through the Sites, payment may be submitted via valid credit card, debit card, or other payment method offered if you are an authorized user.  Orders are not binding on us until we accept them. We reserve the right to refuse and refund any order or part of any order placed on the Sites.

 

Registration

Because certain sections of the Sites may require you to purchase a product, purchase a service, or register (Registration), you agree to provide accurate and complete registration information.  It is your responsibility to inform us of any changes to that information.  Each Registration is for a single individual only, unless stated otherwise on the registration or other website page.  Certain features and areas of the Sites are available only with Registration and login.  We do not permit (A) anyone other than you to use the sections requiring Registration by using your name, log-in, or password; or (B) access through a single name made available to multiple users on a network or otherwise.  You are responsible for preventing such unauthorized use.  If you are required to register and select a unique login and password (Personal Login Information), you must keep your Personal Login Information confidential.  This includes taking appropriate measures to maintain confidentiality (e.g. logging off and closing the Internet browser), especially when you are connected to the Internet through an unsecured network or when using a public computer.  Your Personal Login Information is personal to you and may not be used by any third party under any circumstances.  We are not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information.  You must contact us immediately if you become aware of or believe there has been any unauthorized use of your Personal Login Information or if you want to deactivate your Personal Login Information due to security concerns.

 

Electronic Communications and Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through the Sites, including but not limited to any consent you give for agreement to contract terms; purchase of a service or product; participation in an online course, workshop, seminar, or program; one-time payment, automatic withdrawal, or periodic payments by debit card or credit card; authorization to make regularly scheduled charges to your debit card or credit card; or receiving communications from us solely through electronic transmission.  You agree that, if you click on an “I agree,” “I consent,” or other similarly worded button, box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

 

No Advice

The Site, Materials, and Company Content is not intended to and does not constitute legal advice or advice from mental health professionals, counselors, physicians, health or lifestyle coaches, nutritionists, or financial advisors.  Your use of Materials and Company Content on the Sites or materials linked from the Sites is at your own risk.

 


Errors and Corrections

We do not warrant or represent that the Sites, Materials, or Company Content available on or through the Sites will be correct, accurate, complete, current, timely, accessible, uninterrupted, error free, secure, or free of viruses or other harmful components.  In our sole discretion, we may make improvements or changes to the Sites, Materials, or Company Content at any time without notice.   

 

Use of Cookies

Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes.  Using our site is easier with cookies (e.g. your passwords or preferences are saved).  These cookies are restricted to use on our Site only and do not transfer any personal information to any other party.  Most browsers are initially set up to accept cookies.  You can, however, reset your browser to refuse all cookies or receive notice when a cookie is being sent.  Please consult the technical information relevant to your browser for instructions.  If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site may not properly function or may be considerably slower.  We use 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 login again.
 

kjba                      Kajabi affiliate token   Tracks which affiliate has referred                                                                        an offer purchase.


abv                       Admin bar hidden       Tracks if the user wants the admin                                                                        previewing bar hidden.

 

Cookie

Disclaimer of Warranty

The Sites, Materials, and Company Content are provided on an "As Is," "Where Is," and "Where Available" basis.  We make no warranty as to the results that may be obtained from the use of the Sites, Materials, or Company Content.  We make no representation or warranties of any kind and disclaim all warranties, express or implied, as to the operation of the Sites; the Materials or Company Content; goods or other products or services offered, sold, or displayed on the Sites; or your use of this Site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement.  We further disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (A) any errors in or omission from the Sites, Materials, or Company Content, including technical inaccuracies and typographical errors; (B) third-party communications; (C) any third-party web sites or content on those sites directly or indirectly accessed through links in the Sites, including any error in or omissions therefrom; (D) the unavailability of the Sites, Materials, Company Content, postings, or any portion thereof;  (E) your use of the Sites, Materials, or Company Content; or (F) your use of any equipment or software in connection with the Sites, Materials, or Company Content.

 

Limitation of Liability

You agree that we will not be liable for any damage, loss, claim, injury, or expense of any kind arising out of or resulting from your possession or use of the Sites, Materials, Company Content, facts, opinions, third-party communications, or information on the Sites, whether in tort, contract, or other action.  In no event will Company be liable to you for any problems arising in any professional setting, employment, business, partnership, personal or professional relationship, lost profit, loss of goodwill, personal or professional decisions, health decisions, work stoppage, computer failure or malfunction, negligent act, or business interruption arising out of or in any way related to (A) the Sites, Materials, Company Content, or other information on the Sites or any products, services, or information that is offered, sold, or displayed on the Sites; (B) your use of, or inability to use, the Sites generally or in connection with this Agreement, even if the Company was informed of the possibility of such damages; or (C) unauthorized access to or alteration of your transmissions or data. 

 

Indemnification and Claim Limits

You agree to indemnify, defend, and hold the Company harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or resulting from your use of the Sites, Materials, or Company Content; any postings that you upload or submit; any violation of these Terms or any law or regulation; or violation of any proprietary or privacy right.  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one year after such claim or cause of action arises.

Linking to the Sites and Hyperlinks

As a convenience to you, we may provide links to websites operated by other entities (Linked Sites).  If you use any Linked Sites, you may leave our Sites.  If you decide to visit any Linked Sites or transact business on any Linked Sites, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  Regardless of the linking form (e.g., hotlinks, hypertext links, IMG links), Linked Sites are not maintained, controlled, or otherwise governed by the Company.  The content, accuracy, opinions, and additional links provided by Linked Sites are not investigated, verified, monitored, or endorsed by the Company.  Further, we do not endorse, make any representations about, or warrant any information, goods, or services appearing or offered on any Linked Sites, other than linked information authored by our Company.  The presence of links does not imply that we are legally authorized to use any trademark, service mark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that Linked Sites are authorized to use our trademark, service mark, trade name, logo, or copyright symbol.  We may discontinue Linked Sites at any time without prior notice.  

 

Third-Party Content

Third party content (such as postings) may appear on the Sites or may be accessible via links from the Sites.  We will not be responsible for and assume no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content contained in any third-party content appearing on the Sites.  You understand that the information and opinions in the third party content is neither endorsed by nor reflects our beliefs or opinions.  We reserve the right to remove any postings that allegedly infringe another person’s copyright.

 

Controlling Law, Jurisdiction, and International Users

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan without reference to its conflict-of-law provisions.  We make no representation that the materials are appropriate or available for use outside the United States.  You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent County, Michigan, for any disputes with Company arising out of your use of the Sites.  If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.  We make no claims regarding access to or use of the Sites, Materials, or Company Content outside of the United States.

 

Entire Agreement

These Terms and any revisions, which are incorporated by reference, constitute the entire agreement between you and the Company re the Sites, Materials, Company Content, or your use of these items, which supersedes any previous written or oral communication regarding use of the Sites.

 

Modifications

We may revise this Agreement or Terms at any time, and you agree to be bound by the revised Agreement or Terms.  Any modifications will become effective on the date they are first posted to the Sites.  You are responsible to regularly review the Agreement and Terms, and we have no obligation to notify you of changes to this Agreement or Terms.

 

Severability

If any provision of these Terms is unlawful, conflicting, void, or unenforceable, then that provision is severable from the remaining provisions and will not affect their validity or enforceability.  Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision.  If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision will be enforced to the fullest extent of the law, and all other provisions will remain in full force and effect.

 

 

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