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Terms and Conditions of

Charles christmas Univesity &

Charles Christmas, LLC

 

BY USING CHARLES CHRISTMAS UNIVERSITY.COM and CHARLES CHRISTMAS LLC, YOU ARE HEREBY CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.

 

OVERVIEW

The terms “we,” “us,” and “our” refer to CharlesChristmasUniversity.com (hereinafter CCU) and Charles Christmas, LLC, and Charles Christmas (hereinafter referred to as Charles Christmas)   The term the “Site” refers to CCU.. The terms “user,” “you,” and “your” refer to site visitors, customers, members, and any other users of the site.

PRODUCT

CCU and Charles Christmas LLC is a website site for online training, courses, education, and other content relating to planning, creating, marketing, and growing a membership site to help members reduce indebtedness and increase income.

Use of CCU  including all materials presented herein and all online services provided by CCU is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Products, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Parties agree that the product is education. The scope of services provided by CCU and Charles Christmas according to this Agreement are limited to those listed on the CCU website. CCU and Charles Christmas reserve the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18  years of age or older and have the requisite power and authority to enter these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. Neither CCU nor Charles Christmas makes any representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Both CCU. and Charles Christmas disclaim all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to purchase the products, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to CCU or Charles Christmas will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Product for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase products through the Site for legitimate purposes only.  You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Product, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

DURATION OF AGREEMENT

Once confirmed, we will provide you access to the purchased Product. You agree and understand that access to the Product may at times be influenced and affected by third parties that we use to provide the Product (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against CCU or Charles Christmas when there are reasonable delays in the access of the Product.

Both CCU  and Charles Christmas reserve the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but it is not required to do so under the terms of this agreement.

Lifetime Access is for the lifetime of the Service. If for any reason, CCU or Charles Christmas should dissolve or cease to exist, then your access to the Service terminates.

CANCELLATIONS, REFUNDS & RETURNS

The warranty period is limited to 30 days from the date of purchase.  To receive a refund you must notify us in writing and return the book and any other materials included in salable condition (no underlining or notes in the margin, etc.) within 30 days from the date of purchase.

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

As a feature of the Service, CCU or Charles Christmas may provide access to a community or social media platforms in conjunction with the Service. Neither CCU. nor Charles Christmas are required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.

You agree that your use of these community and social media platforms is a privilege, and either CCU or Charles Christmas may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. CCU and or Charles Christmas will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Neither CCU nor Charles Christmas are required to provide notice, and reserves all rights to take immediate and appropriate action to protect the  brand and image integrity of CCU. and or Charles Christmas.

 

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to CCU. or Charles Christmas. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to CCU or Charles Christmas remains yours to the extent that you have any legal claims therein. You agree to hold CCU and Charles Christmas harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development,  marketing, and resale purposes.

You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by CCU for promotional, business development, and marketing purposes, without compensation to you.  We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you, however, you grant us the right to use the material even without your written approval.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by CCU. and or Charles Christmas, including trademarks, copyrights, proprietary information, and other intellectual property including but not limited to musical compositions, lyrics, melodies, and commentaries and teaching material. CCU and Charles Christmas’ copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including CCU and Charles Christmas’ copyrighted materials shall remain the sole property of the CCU. and Charles Christmas. No license to sell or distribute our materials by you is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Important Copyright Notice.  © 2022 Charles Christmas.  All Rights Reserved.   See terms below.

NOTICE:  This article is protected by the copyright laws of the United States and all its international treaty partners as outlined in Circular 38A of the United States Copyright law.

 Non-disclosure and Non-circumvention terms are as follows.   By accepting and reading our proprietary material, you hereby agree to the following terms regarding non-disclosure and non-circumvention. A liquidated damages award of TEN THOUSAND ($10,000) DOLLARS USD  per each event of disclosure by unauthorized copying or distribution of this proprietary intellectual content shall apply, whether by physically copying, email, verbal words, or any electronic means, in addition to any proven actual damages. ©2022 Charles Christmas.  All Rights Reserved.  No portion of this article may be copied, reproduced, or distributed physically, verbally, electronically, or otherwise without the express written consent of the copyright holder.  This Article is intended exclusively and only for the Original Purchaser of this article and the Original Purchaser only.

 NO LEGAL OR FINANCIAL ADVICE GIVEN:  You are not a client of the author, and this article does not represent or offer any legal or financial advice to you as a client. While this article may contain legal and or financial information, you must not take it as advice for your situation without consulting your own financial and legal advisors or representatives.  You should consult your own attorney and your own financial advisor about your own financial and legal situation. CCU and Charles Christmas and Charles Christmas LLC hereby disclaim any and all damages you may incur from your own actions, whether related to our information or not.  No warranties are included with our information or books whether express or implied. 

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

 

 

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE OR ANY INFORMATION CONTAINED THEREIN.   ADDITIONALLY, NEITHER CCU. NOR CHARLES CHRISTMAS IS  LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF MWE OR CHARLES CHRISTMAS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MWE. OR CHARLES CHRISTMAS’ CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MWE or CHARLES CHRISTMAS AND IF NO PURCHASE HAS BEEN MADE BY YOU MWE'S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Omega Brigade, Inc. and or Charles Christmas. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

INDEMNIFICATION

You shall indemnify and hold us harmless from and against all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Omega Brigade, Inc. and Charles Christmas pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by MWE or Charles Christmas shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by CCU AND OR Charles Christmas.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Charles Christmas
125 Mountain Haven Lane
Reno, NV 89511
United States

 

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by any arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Established: March 17, 2022

(325) 442-6262

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