Terms of Service – academy.susandennard.com

Effective date: October 16, 2023

The website at academy.susandennard.com (the “Site”) is owned and operated by Susan Dennard Creative, LLC (the “Academy”). The following rules and restrictions (the “Terms”) govern your use of the Site.

In these Terms, the words “you”, “user” and “your” refer to a visitor of our Site and the terms “we”, “us” and “our” refer to the Academy.

By using and accessing the Site, you agree to and accept these Terms, which form a binding contract between you and the Academy. We reserve the right to change the Site and these Terms at any time, and it is incumbent on you to check these Terms periodically for updates. If you don’t agree with the new Terms, you do not have to accept them, but this means that you will no longer be able to use the Site. If you use the Site, that means you agree to any and all changes to the Terms.

Warranty Disclaimer:

THE SITE IS PROVIDED BY THE ACADEMY (AND ITS AFFILIATES) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Intellectual Property Rights:

All content displayed, performed, or otherwise made available on or through the Site (including but not limited to all text, trademarks, designs, audio-visual content, data, etc.), are subject to intellectual property rights and protections under intellectual property laws. You agree that you will comply with such laws and respect any and all copyright and trademark notices and other intellectual property information and restrictions contained in the Site, and that you will not copy, reproduce, modify, distribute, perform, display, broadcast, transmit, exploit any content on the Site in a manner that will violate the rights of any party, without the prior consent of that party. 

Unless otherwise noted on the Site, the Academy is the owner of all written materials, content, and other copyrightable works on the Site, including but not limited to the archived and current newsletters, blog posts, course materials, and workbook materials (the “Materials”) .

Limited License to Use the Materials:

By accessing this Site, you are granted a limited license to use the Materials for personal, non-commercial use, including the right to download one transitory copy of the Materials to read privately for non-commercial purposes (the “License”). Any other use of the Materials, regardless of the size/portion of the Materials used, is outside the scope of this License and may be deemed infringement.

For greater clarity, this License does not grant you permission to reproduce or publish the Materials or any portion thereof in any medium, publicly perform the Materials, publicly display the Materials, modify or alter the Materials, use the Materials for a commercial purpose, transfer the Materials electronically to any third party, or creative derivative works from the Materials.

The License shall terminate automatically if you violate any of these Terms.

Membership:

Not all materials available on the Site will be accessible by you unless you purchase a membership. If you pay the one-time fee to purchase a membership for the Site, your membership will provide you with electronic access to all of the Materials available on the Site for so long as the Materials remain live on the Site and the Site remains active. Members are granted the same License to use the Materials as non-Members. The price for membership may change from time to time without advance notice to you.

If you are under the age of legal majority in your jurisdiction, please inform a parent or guardian about your use of our Site; their consent is necessary for you to become a member.

No Representations/Warranties re Materials:

We make no representations or warranties with regard to the accuracy, completeness, non-infringement, or fitness for a particular purpose, with respect to the Materials or any content available on the Site. You should be aware that the Site includes third-party information which we have not validated or verified. We reserve the right, in our discretion and at any time, to remove or change any Materials or other information on the Site or discontinue or restrict access to any part or all of the Site, without notice, regardless of whether you have purchased a membership.

Our Confidentiality Obligations to Third Parties:

Any statements regarding our investments and other activities may be subject to confidentiality obligations, and we may be prohibited from making full disclosures. Any statements on the Site should be read in this context, as well as in light of all disclaimers in these Terms.

No Guarantee of Security of Privacy:

We cannot guarantee complete security or privacy of our Site or network. Please ensure that the security of your own computer and network is comprehensive and up-to-date. We accept no responsibility for viruses, malware, or other malicious or damaging software.

The Site is Not an Offer, Solicitation, or Advice: 

THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. Nothing on this Site is or is intended to be legal, business, or financial advice or an offer to provide such advice, or a basis for making any legal, business, or financial decision. Any views and opinions expressed herein are subject to change following the date of their publication, and past performance is no way indicative of future results.

Information You Submit to Us:

The Academy’s use of any and all information that you may provide via your use of the Site, including by contacting us directly via the Site or via email, shall be governed by these Terms and our Privacy Policy which is available susan@susandennard.com. By providing any information to the Academy, you understand, acknowledge, and agree that:

• you are solely responsible for the accuracy of such information;
• such information will not be treated as confidential or proprietary, unless otherwise specified in the Privacy Policy;
• the Academy undertakes no obligation to review information submitted by you; and
• the Academy and/or its affiliates may receive similar information from other sources or independently devise certain ideas, and will not be limited or restricted from pursuing any opportunities.

Your Representations and Warranties:

You represent and warrant that you:

• are of legal age to form a binding contract;
• will only use the Site for your own personal and non-commercial use;
• will only use the Site in a manner that complies with all applicable laws and regulations; and
• Will NOT use the Site in a manner that:
  • infringes the intellectual property rights of the Academy or any third party;
  • violates the security of any computer network;
  • runs any form of auto-responder or “spam”;
  • “crawls,” “scrapes,” or “spiders” any data on the Site;
  • copies and/or stores any significant portion of the Site; or
  • is fraudulent, threatening, harassing, defamatory, obscene, deceptively misleading, or otherwise harmful or unlawful.

Release re Third-Party Services:

When you access a third-party website through the Site, you acknowledge the risks in doing so, and agree that the Academy is not responsible for such risks and has no control over the content and operation of such third-party sites. You release and hold the Academy harmless from any and all liability arising from your use of any third-party website or service.

Limitation of the Academy’s Liability:

To the fullest extent allowed by applicable laws, under no circumstance shall the Academy (or its affiliates, officers, agents, employees, and partners) be liable to you or to any other person for:

• any indirect, special, incidental, or consequential damages of any kind, including but not limited to damages for infringement, rejections by publishers, accuracy of the Materials, computer failure or malfunction; or
• any matter beyond the Academy’s reasonable control.

Some states do not allow the exclusion or limitation of certain damages, and so this limitation of liability may not apply to you.

Indemnity:

You agree to indemnify and hold the Academy (and its affiliates, officers, agents, employees, and partners) harmless from and against any and all claims, liabilities, suits, damages, losses, and expenses (including reasonable attorneys’ fees) arising from any third-party claims relating to your violation of these Terms, violation of any third-party rights, and/or any misuse of the Site.

Miscellaneous:

• You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way without the Academy’s prior written consent. We may assign our rights and obligations under these Terms without consent.
• These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in the County of New York, State of New York.
• If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
• These Terms are the only agreement between the parties with respect to the subject matter herein.
• Except for possible changes to the Terms by the Academy in accordance with the provisions herein, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and the Academy.

If you have any questions or concerns regarding the Terms, please contact us at susan@susandennard.com