Terms
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using this course and website, as well as all related websites operated by Maryam Ajayi (which includes maryamajayi.com, among others) (collectively the “Site”), you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. To use the Site you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms of Use. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Course are protected by applicable copyright and trademark law.
1. Use License
You may not use the Site other than as expressly permitted by these Terms of Use. Permission is granted to view and temporarily download one copy of any downloadable materials on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and without limitation, you will not, directly or indirectly:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on the Site;
interfere with or damage the Site, or any underlying technology;
attempt to obtain unauthorized access to the Site;
collect information about users of the Site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or 'mirror' the materials on any other server.
Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
2. Intellectual Property
All Content, such as text, logos, images, data, graphics files, videos and sound files, and other materials contained in the Site, and the compilation thereof (including the selection, arrangement and assembly thereof), is the exclusive property of the Company and is protected by United States and international copyright, trademark, and other intellectual property laws. No such materials may be used except as provided in these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
3. Communications
When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email. If you would like to opt out of receiving promotional emails from us, please follow the unsubscribe instructions located in each such email or contact us at hello@maryamajayi.com. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us.
If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
4. Disclaimer
The materials on the Site are provided 'as is'. The Company and its respective officers, directors, employees, and agents (the “Released Parties”) makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Released Parties do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. The Released Parties assume no liability or responsibility for any errors or omissions in the content of the Site.
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE SITE OR SERVICES OR ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.
5. Limitation of Liability
IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE COMPANY’S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE(S), COURSE(S), OR MATERIALS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT THE COMPANY MAY NOT EXCLUDE UNDER APPLICABLE LAW.
BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.
6. Billing and Cancellation
The Company does not provide refunds for any Course or materials. Upon purchase of the Course or materials contained in the Site, the purchaser is agreeing to pay the total sum of the cost of the Course through either a one-time payment or a payment plan. By electing to pay the total sum of the cost of the Course through a payment plan, you authorize the Company to automatically deduct the next remaining installment from your debit card or credit card on a monthly basis until the total sum is paid in full. The Company will automatically charge your debit card or credit card each month. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your credit/debit card information or cancel your account, you remain responsible for any uncollected amounts and authorize the Company to continue billing your credit/debit card, as it may be updated. This may result in a change to your payment billing dates.
7. Privacy
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, as stated herein. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
This Privacy Policy governs the manner in which the Site collects, uses, maintains and discloses information collected from users (each, a “User”) of the Site. This Privacy Policy applies to the Site and all Courses offered by the Company. Personal Information includes, but is not limited to, your name, postal address, zip or postal code, email address, telephone number, date of birth, payment information, demographic information, details on orders placed, and other information you choose to provide us, and for purposes of the California Consumer Privacy Act (CCPA), any information that directly or indirectly identifies, describes, relates to, is capable of being associated with, or can reasonably link to a particular consumer or household such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person (“Personal Information”).
Your use of the Company’s services and this site are also governed by those of Kajabi, LLC, a California limited liability company. Please also review the Kajabi® website Terms of Use at https://newkajabi.com/policies/terms/ and Privacy Policy at https://kajabi.com/policies/privacy which also govern use of this Site.
We may collect Personal Information from Users in a variety of ways, including, but not limited to, when Users enroll in a Course, subscribe to a newsletter, and in connection with other activities, services, features, or resources the Company makes available. Users may visit the Site anonymously. The Company will collect Personal Information from Users only if they voluntarily submit such information to the Company. Users can refuse to supply Personal Information but doing so may prevent them from engaging in certain Course or Site related activities.
The Company may collect and use Users’ Personal Information for the following purposes:
To improve customer service
Information you provide helps the Company respond to your customer service requests and support needs more efficiently.To personalize user experience
The Company may use information in the aggregate to understand how our Users as a group use the services and resources provided in our Courses and on our Site.To send periodic emails
The company may use User email addresses to send Users information and updates pertaining to their order. User email addresses may also be used to respond to User inquiries, questions, or other requests.
We do not sell, trade, or rent User personal identification information to others.
The Company does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user. By submitting your credit or debit card account information through the services, you expressly consent to the sharing of your information with third party merchants, billing processors, and payment processors. These third parties may store your credit or debit card account information so you can use our services in the future. We do not have direct control over or responsibility for your credit or debit card account information. While we require that such third party merchants, billing processors, and payment processors use reasonable procedures to help protect your credit or debit card information, we cannot guarantee that transmissions of your credit or debit card account information or Personal Information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our third-party service providers. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.
The Company may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Company’s rights or property, other users of the Site, or anyone else that could be harmed by such activities.
The Company may also be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Users may find advertising or other content in the Site or on our Courses that link to the websites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. The Company does not control the content or links that appear on these websites and are not responsible for the practices employed by websites linked to or from our Site or Courses. In addition, these websites or services, including their content and links, may be constantly changing. These websites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to Users, is subject to that website's own terms and policies.
The Sites are not directed to children under the age of thirteen (13). If you are under thirteen (13), do not provide your Personal Information on or to the Site. We do not knowingly collect on the Sites any Personal Information from children under thirteen (13). Users outside of the United States who are below the age of eighteen (18) (or the age of the majority in the applicable jurisdiction) should not use the Sites without authorization from a parent or legal guardian. If a parent or guardian becomes aware of his or her child has provided us with Personal Information without their consent, please contact us at: hello@maryamajayi.com. Moreover, the CCPA prohibits us from selling any Personal Information of children under the age of 16 without express consent. Therefore, unless we have such consent, we will not under any circumstances sell such Personal Information.
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 want 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 hello@maryamajayi.com with the words “California Privacy” in the subject line of your email.
The Company has the discretion to update this Privacy Policy at any time. We encourage Users to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.
By enrolling in the Site or the Courses, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not enroll in the Site or the Courses. Your continued enrollment in the Site or the Courses following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.
8. Reservation of Rights
THE COMPANY RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S TERMS OF USE OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
9. Indemnity
You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
10. Enforcement and Governing Law
The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
All matters relating to the Site, the Course, or these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
You further submit to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
11. Acknowledgement and Miscellaneous
These Terms of Use, including the Privacy Policy ad all documents referenced herein, represent the entire understanding between you and the Company with respect to the Site, and supersede any other agreements, statements, or representations with respect to the Site or any courses operated by the Company. Headings used in these Terms of Use are for reference only, and shall not affect the meaning of any terms.
The Company reserves the right to change or cancel this program at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Last Updated: June 9, 2020