Terms & Conditions
VIP (Very Insightful Professionals) Program | Digital Content | Live Events
Terms and Conditions for the VIP (Very Insightful Professionals) Program
Thank you for your interest in joining the VIP (Very Insightful Professionals) Program (the Program).
Please read these terms and conditions (the Terms) carefully before you place any orders on www.webinars.dreamoftravelwriting.com (the Website), as they set out important information about your and our rights and obligations to ensure we are clear as to what each of our respective roles are and how our Program will take place.
These Terms apply to your use and purchase of the Program via our Website.
You must agree to these Terms before you place your order by clicking the relevant box to indicate your agreement.
| Your attention is particularly drawn to the clauses below titled: Cancellation and Refunds – You can cancel your subscription to the Program by completing the relevant steps on the subscription page of your account on the Website before the renewal date. – The Program is provided on an “AS IS” and “AS AVAILABLE” basis and once you have accessed the Program, it is non-refundable. – We do not offer any pro-rated pricing or refunds depending on your usage or participation in the Program. See clause 5 below for further details. Intellectual Property – Your access to the Program is solely for your personal and non-commercial use. – The content in the Program and associated trademarks, copyright and intellectual property rights are owned by us and/or our licensors. – You will not use the content in the Program in any way other than as set out in this Agreement including you must not reproduce, duplicate or share any content from the Program whatsoever or use such content for commercial, business or resale purposes. See clause 6 below for further details. Disclaimer Whilst we encourage you fully immerse yourself in our Program, you accept, agree and understand that you are fully responsible for your progress and results from your participation in the Program and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind from your participation in the Program. See clause 9 below for further details. Limitation of Liability – Our liability to you in connection with this Agreement is limited as far as possible by law. – Your sole remedy against us is to discontinue using the Program and seek a refund in accordance with the terms of this Agreement. See clause 10 below for further details. Indemnification You indemnify us against any liabilities that we may incur arising from your breach of this Agreement or misuse of the Program. See clause 13 below for further details. Binding Arbitration In the event of a dispute under this Agreement, we may choose to resolve the dispute by arbitration, which shall be final and binding. See clause 14 below for further details. Class Action Waiver Any dispute between us must be dealt with on an individual basis and you agree not to pursue any class action disputes against us. See clause 15 below for further details. These clauses affect your legal rights so please read them carefully. Please also note our closure dates set out in clause 3 below during which time there will be no coaching or live workshops as part of the Program. |
1. THESE TERMS
In this Agreement, any reference to:
- ‘we’, ‘us’ or ‘our’ means Cory Logan DBA Gabi Logan, owner and operator of the Website and all content, products and services distributed under the brand, ‘Dream of Travel Writing’; and
- ‘you’ or ‘your’ means the person placing an order on our Website.
You must be at least 18 years old to purchase access to the Program on our Website.
Your use of our Website is governed by our Website Terms of Use (a copy of which can be found on the Website).
By purchasing access to the Program, you and we hereby agree to these Terms, the Website Terms of Use, the Code of Conduct and Privacy Policy (together this Agreement) and their governance of your use of any content, services or resource provided by us, including the Program and our Website.
The Terms which apply to your order will be those in force at the time you submitted your order to us but we may make changes to these Terms at any time (see clause 17 below).
Please print out or save a copy of these Terms and any emails from us for your records, as we will not save or file a copy for you. These Terms are only available in English.
In the event of any conflict between these Terms and the Website Terms of Use, Code of Conduct or Privacy Policy, these Terms shall prevail.
If you have any comments or questions in relation to the Program or the Website, you should contact us at questions@dreamoftravelwriting.com.
2. ORDERS
You are purchasing access for one (1) person to the Program from us. Please see clause 3 below for further details.
Please check your order carefully and correct any errors before you submit it to us. We are not responsible for any delays or failure to access the Program due to your failure to provide the correct contact information including email address at the time of purchase. Please see clause 3 below for further details.
You place an order to access the Program using the online subscription process on our Website. After you place your order on our Website, we will send you an acknowledgment email confirming that we have accepted your order, at which point a legally binding contract is formed between you and us on these Terms set out in this Agreement. Please note that we are not responsible, and accept no liability, for any delay or failure of receipt of the acknowledgment email by you. Please check your spam or junk folder and if you have not received the email, contact us at questions@dreamoftravelwriting.com.
We have the right to reject any order for any reason and all orders are subject to availability.
If you would like to make any changes to your contact or payment details after you have submitted your order, please contact us as soon as possible and we will let you know if it is possible to make the changes. If you wish to cancel your order, please see clause 5 below for further details.
3. THE PROGRAM
The Program includes access to group coaching, live online learning workshops, digital content and other materials provided by us via an online Learning Management System and as detailed on the Website (collectively, the Content). Please read the details and descriptions carefully. Your subscription to the Program includes what is detailed on the Website at the time of your order. If features are subsequently added to the Program at any time in the future, it is at our sole discretion whether to include these features in your particular subscription. Please note that any pictures and images provided on the Website are for illustration purposes only and your order may vary slightly from those pictures or images.
You will have one username and password for the Website as part of your subscription to the Program. If you would like to take the Program along with a business partner, collaborator, assistant or team member you will need to each purchase the Program individually for each participating member. The Program is non-transferable. You must not share your username and password with anyone else or allow anyone else to access the Website using your username and password. You must use reasonable efforts to keep your username and password confidential. You must notify us as soon as you become aware of any unauthorised use of the Program, your username or password. We reserve the right to cancel your subscription to the Program immediately without refund should it come to our attention that you are in breach of the terms of this clause.
Any Content provided to you as part of the Program can be accessed via your account using the login details set up at the time of your order. You are solely responsible for the accuracy of the contact information provided by you at the time of your order in the event you forget your username or password and need to reset your login details.
Any Content provided as part of the Program is not owned by you. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this Agreement. Except where you have permission to use the Content under this Agreement, you will not obtain any rights of ownership or other rights (of whatever nature) in the Content or in any copies of it.
We cannot guarantee that access to the Program will be available at any given time. We also cannot guarantee that access to the Program will be uninterrupted, error free or secure. For example, access to Content may be temporarily unavailable while we carry out maintenance or for other technical reasons.
To access and use the Program, your device may need to comply with certain technical requirements and you will need internet access. You are responsible for any charges you may incur in connection with your access. You can access and use the Program wherever you want in the world but only if you comply with local laws. Whilst we will provide reasonable assistance if and when access issues arise, we are not liable to you if you are unable to access and/or use the Program due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.
The group coaching, live online learning workshops and any other services as part of the Program will be available online and provided to you via our nominated communication platform. We will offer the opportunity to dial in by phone where possible at our discretion.
We will provide the group coaching, live online learning workshops, and any other services as part of the Program at the time(s) and on the date(s) listed on the Website (subject to change at our sole discretion at any time). Please note that we have scheduled closures throughout the year where there will be no coaching or live workshops. The specific dates will be confirmed to you in writing by email at the relevant time but usually they will be:
a) One week in June/July around US Independence Day;
b) One week in November/December around US Thanksgiving; and
c) Two weeks in December around Christmas and New Year.
Any additional closure dates are at our sole discretion and will be notified to you from time to time by email.
If you subscribe to the Program via a pre-opening promotional offer then the commencement date will be in the future. You will be required to make your first subscription payment at the time you place your order on our Website but will not be required to make your second payment until the end of the first subscription period (one month) following the official launch date of the Program (which will be notified to you via email). During any pre-opening promotional period, you may be granted access to a subset of resources available in the Program but this is not guaranteed and the resources available (if any) will be determined by us at our sole discretion.
For all other subscribers to the Program, the Program will commence immediately on acceptance of your order. The Program will continue automatically each month until cancellation of this Agreement under clause 5 or termination of this Agreement for any reason.
As the Program will run over a period of time, any dates stated during the order process, or in your order acknowledgment or order confirmation emails, are estimates only and subject to change. We will do all that we reasonably can to deliver the Program to you at the time(s) and date(s) or within the period agreed with you and any coach named (if any) to lead a particular session. If a coach is unavailable at any time to lead any particular session as part of the Program then we will either try to find an appropriate substitute coach or reschedule the session.
If there might be a delay or change, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
Where a delay is caused by circumstances beyond our reasonable control, we will usually try to start, restart or reschedule any Content to be provided as part of the Program as soon as the issue causing the delay has been resolved. If the Content is delayed by more than one week, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order. At our sole discretion, we may provide you with a prorated refund to reflect any affected Content that was not provided as part of your subscription to the Program (please see clause 5 below).
If you are having trouble accessing the Program, please email us at:
questions@dreamoftravelwriting.com
4. PRICE AND PAYMENT
Prices for the Program are set out on our Website. All prices are in US dollars ($)(USD).
Prices for the Program may change at any time but such changes will not affect existing orders.
If there has been an error on the Website regarding the pricing of the Program and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
We accept payment via credit cards and debit cards. All credit card and debit card payments need to be authorised by the relevant card issuer.
The Program is based on monthly subscription fees which are detailed on the Website. You understand and agree that you have committed to a monthly payment at the rate offered at the time of your order when subscribing to the Program and these payments will automatically continue each month until cancellation or termination of this Agreement for any reason. Access to the Program will be suspended or cancelled if we do not receive the relevant fee for any reason (including if your nominated payment card on your file cannot be charged) and we may charge interest on any balance outstanding.
Any discounts offered for the Program are at our sole discretion and subject to verification of eligibility of the discount. If after making your purchase, we determine that you do not meet the eligibility qualifications for the discount offered, the Program will revert to the full price stated at the time of your purchase and you will be expected to pay the difference. Please note that any discount offered relates to that specific order only and is not eligible against future purchases via our Website. If you leave the Program at any time and have been provided with a discount, then the Program will revert to full price if you decide to resubscribe.
5. CANCELLATION AND REFUNDS
If you choose to cancel your subscription to the Program, you can do so by completing the relevant steps on the subscription page of your account on the Website before the renewal date. Your billing and access to the Program will be cancelled at the end of that monthly billing period. You will not receive a pro-rata refund.
The Program will share behind-the-scenes details and proprietary strategies that we do NOT share publicly via our Website or otherwise. Therefore, the Program is provided on an “AS IS” and “AS AVAILABLE” basis and once you have access to the Program, you lose your right to cancel and the Program is non-refundable except in the circumstances set out in this Agreement.
For the avoidance of doubt:
a) “AS IS” means that you accept the purchase of the Program in its condition at the time of purchase and we are not making any promises to you about the Program working, being of a particular quality, or being suitable for particular use or needs; and
b)“AS AVAILABLE” means that we are not promising a particular service level or availability of the Program.
We invite you to fully immerse yourself in the Program but you agree that your level of participation in the Program is under your control and at your discretion and we do not offer any pro-rated pricing or refunds depending on your usage or participation in the Program. Please see clause 9 for further details.
In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop access to the Program. If this happens and it affects your order, we will notify you by email and cancel your subscription to the Program. At our sole discretion, we may provide you with a prorated refund.
If there is a problem with any Content you have purchased from us as part of the Program or the Program generally, please contact us as soon as reasonably possible.
6. INTELECTUAL PROPERTY
You agree that the Program contains proprietary Content that is owned by us and/or our licensors and is protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Content, including to any sharing or social media sites, is considered stealing, and we will prosecute such misconduct to the fullest extent permitted by law.
We provide you with access to the Program solely for your personal, non-commercial use, and you agree that you will not use any of the Content in any way whatsoever except for use in compliance with this Agreement. You must not use the Content for commercial, business or resale purposes and you will not use the Program or the Content available in the Program in a manner that constitutes an infringement of our rights or that has not been authorized in writing by us. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program.
Please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content or any other works that reference us, the Program or the Content or infringe on any of our intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Program (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by us and/or our licensors, which reserve all of their respective rights in law and equity.
THE USE OF THE PROGRAM AND/OR CONTENT EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF US AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Our trademarks, service marks, graphics, and logos used in connection the Program are common law trademarks or our registered trademarks. You are granted no right or license with respect to any of the aforesaid trademarks.
7. PRIVACY AND CONFIDENTIALITY
You acknowledge that we must process your personal data in order to properly fulfil our obligations under this Agreement and as otherwise required by law. We shall do so in accordance with all applicable data protection laws and our Privacy Policy (a copy of which can be found on the Website).
We respect your privacy and must insist that you respect the privacy of other people that participate in the Program (the Participants). By purchasing access to the Program, you agree:
a) not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of us or the Participants;
b) that any confidential information shared by the Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;
c) not to disclose such confidential information to any other person or use it in any manner other than in discussion with other Participants during group coaching or other sessions;
d) that all Content provided to you by us is our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may be used by you only as authorized by us;
e) the reproduction, distribution and sale of the Content by anyone other than us is strictly prohibited; and
f) that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
While you are free to discuss your personal results from the Program, you must keep the experience and statements, oral or written, of all other Participants in the strictest of confidence.
You agree that group coaching sessions, workshops and any other sessions provided as part of the Program will at all times be recorded by us and such recordings may be shared with other Participants in the Program and our staff and associates. Your consent to the recording of sessions is a prerequisite condition of subscribing to the Program and if you do not consent, you should not subscribe to the Program. If a recording of a session has been made, then a copy will be made accessible to you via the Website in a reasonable amount of time following completion of the session. For the avoidance of doubt, you must not record any part of the group coaching sessions, workshops and any other sessions provided as part of the Program including making audio, video, photographic records or screen captures at any time. Please see this clause 7 and clause 6 above for further details.
8. THIRD PARTY MATERIALS AND WEBSITES
We may provide links to third-party materials and websites as a convenience to you and other Participants. These third-party materials and websites are not part of the Program, and they may be either withdrawn or terminated at any time without notice to you and without any liability on our part. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites.
In addition, you agree that we are not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services of third parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that we will not be liable for your improper use of third-party materials and websites.
9. DISCLAIMER
THE PROGRAM, THE WEBSITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PROGRAM, THE WEBSITE, THE CONTENT AND ANY OTHER MATERIALS PROVIDED BY US.
When addressing financial matters on or in our Website, Program, Content, or any other materials, we’ve taken all reasonable efforts to ensure that we accurately represent our Program and its potential to grow your business and improve your life. However, we do not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in the Website, Program, Content, or any other materials is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PROGRAM IS AT YOUR SOLE RISK. By purchasing access to the Program, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented in or on our Program, Website, Content, or any other websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined in or on our Program, Website, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
10. LIMITATION OF LIABILITY
LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) US, OUR OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE PROGRAM; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND A REFUND (IF ANY) AS SET OUT IN CLAUSE 5. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
AS SET FORTH IN OUR PRIVACY POLICY, WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE PROGRAM, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
11. NON-DISPARAGEMENT
You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage us or the Program including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
12. TERMINATION
We are committedto providing all participants in the Program with a positive experience. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, we may, in our sole discretion and without notice to you:
a) limit, suspend, or terminate your participation in the Program without refund or forgiveness of future payments (if any); and/or
b) terminate this Agreement.
Your obligations to us under this Agreement will survive expiration or termination of this Agreement for any reason.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, legal actions, regulatory actions, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay in connection with, arising out of or resulting from your breach of this Agreement and/or your misuse of the Program. You recognize and agree that all of our owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of us.
14. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement or the Program (each, a Dispute), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (FAA). Any election to arbitrate, at any time, shall be final and binding on the other party.
IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING A CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA.
Prior to seeking arbitration, you must send an email to us at questions@dreamoftravelwriting.com and include all of you reasons for dissatisfaction with the Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your subscription payments made to date for the Program. No other actions or financial awards of consequential damages or any other types of damages may be granted to you. We agree that the decision of the arbitrator is binding and the judgment on the arbitrator’s award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.
15. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
16. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.
17. General
This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. Access to the Program is non-transferable.
We reserve the right at any time to modify this Agreement and to impose new or additional Terms or conditions on your use of the Program. Such modifications and additional Terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Program will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Website or you may be notified by email. If you have any questions, please contact us at questions@dreamoftravelwriting.com.
This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
You and us have entered into this Agreement in the State of New York and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and us shall be determined in accordance with the laws of the State of New York, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
Terms & Conditions for Digital Content
Thank you for your interest in purchasing digital content such as classes, courses and bundles via our website, www.webinars.dreamoftravelwriting.com (the Website).
Please read these terms and conditions (the Terms) carefully before you place any orders on the Website, as they set out important information about your and our rights and obligations to ensure we are clear as to what each of our respective roles are and your use of our digital content.
These Terms apply to your use and purchase of digital content via our Website. For the purposes of these terms, digital content means any classes, courses, bundles, webinars, event recordings, worksheets, available for purchase on our Website (the Digital Content). It does not include live events or our coaching programs which are governed by separate Terms and Conditions.
You must agree to these Terms before you place your order by clicking the relevant box to indicate your agreement.
| Your attention is particularly drawn to the clauses below titled: Cancellation and Refunds – The Digital Content is provided on an “AS IS” and “AS AVAILABLE” basis and once you have access to the Digital Content, it is non-refundable. – We do not offer any pro-rated pricing or refunds depending on your usage of our Digital Content. See clause 5 below for further details. Intellectual Property – Your access to the Digital Content is solely for your personal and non-commercial use. – The Digital Content and associated trademarks, copyright and intellectual property rights are owned by us and/or our licensors. – You will not use the Digital Content in any way other than as set out in this Agreement including you must not reproduce, duplicate or share any Digital Content whatsoever or use such content for commercial, business or resale purposes. See clause 6 below for further details. Disclaimer Whilst we encourage you fully immerse yourself in our Digital Content, you accept, agree and understand that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind from your use of our Digital Content. See clause 9 below for further details. Limitation of Liability – Our liability to you in connection with this Agreement is limited as far as possible by law. – Your sole remedy against us is to discontinue use of the Digital Content and seek a refund in accordance with the terms of this Agreement. See clause 10 below for further details. Indemnification You indemnify us against any liabilities that we may incur arising from your breach of this Agreement or misuse of the Digital Content. See clause 13 below for further details. Binding Arbitration In the event of a dispute under this Agreement, we may choose to resolve the dispute by arbitration, which shall be final and binding. See clause 14 below for further details. Class Action Waiver Any dispute between us must be dealt with on an individual basis and you agree not to pursue any class action disputes against us. See clause 15 below for further details. These clauses affect your legal rights so please read them carefully. |
1. THESE TERMS
In this Agreement, any reference to:
• ‘we’, ‘us’ or ‘our’ means Cory Logan DBA Gabi Logan, owner and operator of the Website and all content, products and services distributed under the brand, ‘Dream of Travel Writing’; and
• ‘you’ or ‘your’ means the person placing an order on our Website.
If you are under the age of 18 you may not buy Digital Content from the Website.
Your use of our Website is governed by our Website Terms of Use (a copy of which can be found on the Website).
By purchasing any Digital Content from us, you and we hereby agree to these Terms, the Website Terms of Use and Privacy Policy (together this Agreement) and their governance of your use of any Digital Content provided by us, including any classes and bundles and our Website.
The Terms which apply to your order will be those in force at the time you submitted your order to us but we may make changes to these Terms at any time. Please see clause 17 below.
Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
In the event of any conflict between these Terms and the Website Terms of Use or Privacy Policy, these Terms shall prevail.
If you have any comments or questions in relation to any Digital Content provided by us or the Website, you should contact us at questions@dreamoftravelwriting.com.
2. ORDERS
You are purchasing access for one (1) person to the Digital Content from us. Please see clause 3 below for further details.
Please check your order carefully and correct any errors before you submit it to us. We are not responsible for any delays or failure to access Digital Content due to your failure to provide the correct contact information including email address at the time of purchase. Please see clause 3 below for further details.
You place an order to access the Digital Content using the online purchase process on our Website. After you place your order on our Website, we will send you an acknowledgment email confirming that we have accepted your order, at which point a legally binding contract is formed between you and us on these Terms set out in this Agreement. Please note that we are not responsible, and accept no liability, for any delay or failure of receipt of the acknowledgment email by you. Please check your spam or junk folder and if you have not received the email, contact us at questions@dreamoftravelwriting.com.
We have the right to reject any order for any reason and all orders are subject to availability.
Before you place your order, you must check that the hardware and software requirements of your computer or device mean that you can access and/or download the Digital Content.
If you would like to make any changes to your contact or payment details after you have submitted your order, please contact us as soon as possible and we will let you know if it is possible to make the changes. If you wish to cancel your order, please see clause 5 below for further details.
3. DIGITAL CONTENT
Digital Content sold via our Website includes what is detailed on the Website at the time of your order. Please read the details and descriptions carefully. If features are subsequently added to the Digital Content at any time in the future, it is at our sole discretion whether to offer you access to the updated Digital Content. Please note that any pictures and images provided on the Website are for illustration purposes only and your order may vary slightly from those pictures or images.
Any Digital Content purchased by you can be accessed either by:
a) your account on the Website using the login details set up at the time of your order; and/or
b) downloading the Digital Content by clicking on the links sent to you by email (if applicable).
Please note that you are solely responsible for the accuracy of the contact information provided by you at the time of your order and we are not responsible for any delays or failure to access the Digital Content due to your failure to provide the correct contact information including email address at the time of purchase. Further we are not responsible, and accept no liability, for any delay or failure of receipt of the acknowledgment email by you.
You will have one username and password for your account on the Website. If you would like to access the Digital Content with a business partner, collaborator, assistant or team member you will need to each purchase the Digital Content individually. The Digital Content is non-transferable. You must not share your username and password with anyone else or allow anyone else to access the Website using your username and password. You must use reasonable efforts to keep your username and password confidential. You must notify us as soon as you become aware of any unauthorized use of the Digital Content, your username or password. We reserve the right to suspend your access to the Digital Content immediately without refund should it come to our attention that you are in breach of the terms of this clause.
Please note that you lose any right to cancel your order once you have received your acknowledgement email. See clause 5Error! Reference source not found. below for more information on your cancellation rights.
We cannot guarantee that access to the Digital Content will be available at any given time. We also cannot guarantee that access to the Digital Content will be uninterrupted, error free or secure. For example, access to Digital Content may be temporarily unavailable while we carry out maintenance or for other technical reasons.
Please check the file size of your Digital Content before downloading any Digital Content carefully as using too much data might mean that you exceed your data limit on your device and you could face paying more than you were expecting. We have no liability to you in this regard. Some downloadable Digital Content may have expiration dates or usage limits and we do not guarantee a second download option will be provided to you other than as set out in this Agreement.
Any Digital Content provided to by us and downloaded or accessed by you is not owned by you. Instead we give you permission to use it (also known as a ‘license’) for the purpose of you using and enjoying it according to this Agreement. Except where you have permission to use the Digital Content under this Agreement, you will not obtain any rights of ownership or other rights (of whatever nature) in the Digital Content or in any copies of it.
When we supply the Digital Content:
a) we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
b) we do not promise that it is compatible with any third-party software or equipment except where we have said that it is in the guide to its use or on our site; and
c) you acknowledge that there may be minor errors or bugs in it.
The Digital Content:
a) is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
b) is non-exclusive to you. We may supply the same or similar Digital Content to other users;
c) may not be:
i. copied by you except for a reasonable number of necessary back-ups;
ii. changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
iii. combined or merged with, or used in, any other computer program; or
iv. distributed or sold by you to any third party;
d) does not include updates, upgrades and new versions. Any updates, upgrades and new versions are at our sole discretion and subject to the pricing we offer to you at the relevant time; and
e) contains information which is owned by us and/or third parties. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
Except where you have permission to use the Digital Content under this Agreement, you will not obtain any rights of ownership or other rights (of whatever nature) in the Digital Content or in any copies of it.
To access and/or download and use any Digital Content, your device may need to comply with certain technical requirements and you will need internet access. You are responsible for any charges you may incur in connection with your access and/or download. You can use it wherever you want in the world but only if you comply with local laws. We are not liable to you if you are unable to access and/or download the Digital Content due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.
Please note that there may be limits on how many times you can download the Digital Content. If you do not own the device you use to download the Digital Content, you must obtain permission from the owner to download the Digital Content onto their device.
If something happens which is outside of our control and affects your ability to access or download the Digital Content, we will let you know when you can expect to be able to access the Digital Content.
Please note that we will provide you with reasonable notice if you at any time you will no longer be able to access the Digital Content via your account on our Website and we recommend that you download a copy of the Digital Content (where applicable) to ensure your continued access and use.
If your computer or device blocks the access and/or download of the Digital Content, the media content or download does not start, or if you are having trouble accessing and/or downloading the Digital Content generally, please email us at questions@dreamoftravelwriting.com.
4. PRICE AND PAYMENT
Prices for the Digital Content are set out on our Website. All prices are in US dollars ($)(USD).
Prices for the Digital Content may change at any time but such changes will not affect existing orders.
If there has been an error on the Website regarding the pricing of the Digital Content and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
We accept payment via credit cards and debit cards. All credit card and debit card payments need to be authorized by the relevant card issuer.
The Digital Content must be paid for in advance and we will take payment from your card before we send you an order acknowledgement email.
Any discounts offered on any Digital Content are at our sole discretion and subject to verification of eligibility of the discount. If after making your purchase, we determine that you do not meet the eligibility qualifications for the discount offered, the Digital Content will revert to the full price stated at the time of your purchase and you will be expected to pay the difference. Please note that any discount offered relates to that specific order only and is not automatically eligible against future purchases via our Website.
5. CANCELLATION AND REFUNDS
When you place an order for Digital Content, you understand and agree that:
a) you will have immediate access to the Digital Content either via your account on the Website or the downloadable links (if applicable) sent to you by email and you lose your right to cancel your order; and[GL1]
b) the Digital Content is provided on an “AS IS” and “AS AVAILABLE” basis.
This means that once you have access to the Digital Content, you lose your right to cancel and the Digital Content is non-refundable except in the circumstances set out in this Agreement.
For the avoidance of doubt:
a) “AS IS” means that you accept the purchase of the Digital Content in its condition at the time of purchase and we are not making any promises to you about the Digital Content working, being of a particular quality, or being suitable for particular use or needs; and
b) “AS AVAILABLE” means that we are not promising a particular service level or availability of the Digital Content.
To ensure your access to the Digital Content, we recommend that you install any fixes, updates, upgrades, new releases and new versions that we may offer to you at our sole direction as soon as reasonably possible.[GL2] As the Digital Content is primarily available online, we also recommend using the latest version of your browser to improve your online experience. Most browsers update automatically, but you can also manually update your browser if it’s out of date.
We invite you to fully immerse yourself in our Digital Content but you agree that your level of use is under your control and at your discretion and we do not offer any pro-rated pricing or refunds depending on your usage of the Digital Content. Please see clause 9 for further details.
In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop access to the Digital Content. If this happens and it affects your order, we will notify you by email. At our sole discretion, we may provide you with a prorated refund.
If there is a problem with any Digital Content you have purchased from us, please contact us as soon as reasonably possible.
6. INTELLECTUAL PROPERTY
You agree that the Digital Content contains proprietary content that is owned by us and/or our licensors and is protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Digital Content, including to any sharing or social media sites, is considered stealing, and we will prosecute such misconduct to the fullest extent permitted by law.
We provide you with access to the Digital Content solely for your personal, non-commercial use, and you agree that you will not use any of the Digital Content in any way whatsoever except for use in compliance with this Agreement. You must not use the Digital Content for commercial, business or resale purposes and you will not use the Digital Content in a manner that constitutes an infringement of our rights or that has not been authorized in writing by us. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Digital Content.
Please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content or any other works that reference us or the Digital Content or infringe on any of our intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Digital Content (including the compilation of Digital Content, postings, links to other internet resources, and descriptions of those resources) are owned by us and/or our licensors, which reserve all of their respective rights in law and equity.
THE USE OF THE DIGITAL CONTENT EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF US AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Our trademarks, service marks, graphics, and logos used in connection with the Digital Content are common law trademarks or our registered trademarks. You are granted no right or license with respect to any of the aforesaid trademarks.
7. PRIVACY AND CONFIDENTIALITY
You acknowledge that we must process your personal data in order to properly fulfil our obligations under this Agreement and as otherwise required by law. We shall do so in accordance with all applicable data protection laws and our Privacy Policy (a copy of which can be found on the Website).
By purchasing access to the Digital Content, you agree:
a) not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of us;
b) that all Digital Content provided to you by us is our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may be used by you only as authorized by us;
c) the reproduction, distribution and sale of the Digital Content by anyone other than us is strictly prohibited; and
d) that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
8. THIRD-PARTY MATERIALS AND WEBSITES
We may provide links to third-party materials and websites as a convenience to you. These third-party materials and websites are not part of the Digital Content and they may be either withdrawn or terminated at any time without notice to you and without any liability on our part. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites.
In addition, you agree that we are not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services of third parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that we will not be liable for your improper use of third-party materials and websites.
THE WEBSITE, THE DIGITAL CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE WEBSITE, THE DIGITAL CONTENT AND ANY OTHER MATERIALS PROVIDED BY US.
9. DISCLAIMER
When addressing financial matters on or in our Website, Digital Content, or any other materials, we’ve taken all reasonable efforts to ensure that we accurately represent our Digital Content and its potential to grow your business and improve your life. However, we do not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in the Website, Digital Content, or any other materials is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE DIGITAL CONTENT IS AT YOUR SOLE RISK. By purchasing access to the Digital Content, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented in or on our Website, Digital Content, or any other websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined in or on our Digital Content, Website, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
10. LIMITATION OF LIABILITY
LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) US, OUR OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE DIGITAL CONTENT; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIGITAL CONTENT AND A REFUND (IF ANY) AS SET OUT IN CLAUSE 5. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
AS SET FORTH IN OUR PRIVACY POLICY, WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE DIGITAL CONTENT, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
11. NON-DISPARAGEMENT
You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage us or the Digital Content including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
12. TERMINATION
We are committedto providing all of our customers with a positive experience. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, we may, in our sole discretion and without notice to you:
a) limit, suspend, or terminate your access to the Digital Content without refund or forgiveness of future payments (if any); and/or
b) terminate this Agreement.
Your obligations to us under this Agreement will survive expiration or termination of this Agreement for any reason.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, legal actions, regulatory actions, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay in connection with, arising out of or resulting from your breach of this Agreement and/or your misuse of the Digital Content. You recognize and agree that all of our owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of us.
14. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement or the Digital Content (each, a Dispute), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (FAA). Any election to arbitrate, at any time, shall be final and binding on the other party.
IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING A CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA.
Prior to seeking arbitration, you must send an email to us at questions@dreamoftravelwriting.com and include all of you reasons for dissatisfaction with the Digital Content. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your payments made for the Digital Content. No other actions or financial awards of consequential damages or any other types of damages may be granted to you. We agree that the decision of the arbitrator is binding and the judgment on the arbitrator’s award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.
15. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
16. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.
17. GENERAL
This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. Access to the Digital Content is non-transferable.
We reserve the right at any time to modify this Agreement and to impose new or additional Terms or conditions on your use of the Digital Content. Such modifications and additional Terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Digital Content will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Website or you may be notified by email. If you have any questions, please contact us at questions@dreamoftravelwriting.com.
This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
You and us have entered into this Agreement in the State of New York and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and us shall be determined in accordance with the laws of the State of New York, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
Terms & Conditions for Live Events
Thank you for your interest in purchasing and/or attending live events, workshops and/or sessions hosted by us (Live Event(s)).
Please read these terms and conditions (the Terms) carefully before you place any orders on the website, www.webinars.dreamoftravelwriting.com(the Website), as they set out important information about your and our rights and obligations to ensure we are clear as to what each of our respective roles are and your access to our Live Event(s).
These Terms apply to your purchase of Live Event(s) via our Website and your attendance at and access to the Live Event(s). For the avoidance of doubt, these Terms do not apply to any coaching sessions provided by us. Please see the terms set out in the Coaching Agreement for further information on the terms that apply to those sessions.
You must agree to these Terms before you place your order by clicking the relevant box to indicate your agreement.
| Your attention is particularly drawn to the clauses below titled: Cancellation and Refunds · Live Event(s) are provided on an “AS IS” and “AS AVAILABLE” basis and once you have access to a Live Event(s), it is non-refundable. · We do not offer any pro-rated pricing or refunds depending on your usage or participation in the Live Event(s). See clause 5 below for further details. Intellectual Property · Your access to the Live Event(s) is solely for your personal and non-commercial use. · The content in the Live Event(s) and associated trademarks, copyright and intellectual property rights are owned by us and/or our licensors. · You will not use the content in the Live Event(s) in any way other than as set out in this Agreement including you must not reproduce, duplicate or share any content from the Live Event(s) whatsoever or use such content for commercial, business or resale purposes. See clause 6 below for further details. Disclaimer Whilst we encourage you to fully immerse yourself in our Live Event(s), you accept, agree and understand that you are fully responsible for your progress and results from your participation in the Live Event(s) and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind from your participation in the Live Event(s). See clause 9 below for further details. Limitation of Liability · Our liability to you in connection with this Agreement is limited as far as possible by law. · Your sole remedy against us is to discontinue access to the Live Event(s) and seek a refund in accordance with the terms of this Agreement. See clause 10 below for further details. Indemnification You indemnify us against any liabilities that we may incur arising from your breach of this Agreement or misuse of the Live Event(s). See clause 13 below for further details. Binding Arbitration In the event of a dispute under this Agreement, we may choose to resolve the dispute by arbitration, which shall be final and binding. See clause 14 below for further details. Class Action Waiver Any dispute between us must be dealt with on an individual basis and you agree not to pursue any class action disputes against us. See clause 15 below for further details. These clauses affect your legal rights so please read them carefully. |
1. THESE TERMS
In this Agreement, any reference to:
· ‘we’, ‘us’ or ‘our’ means Cory Logan DBA Gabi Logan, owner and operator of the Website and all content, products and services distributed under the brand, ‘Dream of Travel Writing’; and
· ‘you’ or ‘your’ means the person placing an order on our Website.
You must be at least 18 years old to purchase and/or access Live Event(s) on our Website.
Your use of our Website is governed by our Website Terms of Use (a copy of which can be found on the Website).
By purchasing access to the Live Event(s), you and we hereby agree to these Terms, the Website Terms of Use, the Code of Conduct and Privacy Policy (together this Agreement) and their governance of your use of any content, services or resource provided by us, including the Live Event(s) and our Website.
The Terms which apply to your order will be those in force at the time you submitted your order to us but we may make changes to these Terms at any time (see clause 17 below).
Please print out or save a copy of these Terms and any emails from us for your records, as we will not save or file a copy for you. These Terms are only available in English.
In the event of any conflict between these Terms and the Website Terms of Use, Code of Conduct or Privacy Policy, these Terms shall prevail.
If you have any comments or questions in relation to the Live Event(s) or the Website, you should contact us at questions@dreamoftravelwriting.com.
2. ORDERS
You are purchasing and/or signing up for access for one (1) person to the Live Event(s) from us. Please see clause 3 below for further details.
Please check your order carefully and correct any errors before you submit it to us. We are not responsible for any delays or failure to access the Live Event(s) due to your failure to provide the correct contact information including email address at the time of purchase. Please see clause 3 below for further details.
You place an order to access the Live Event(s) using the online sign up process on our Website. After you place your order on our Website, we will send you an acknowledgment email confirming that we have accepted your order, at which point a legally binding contract is formed between you and us on these Terms set out in this Agreement. Please note that we are not responsible, and accept no liability, for any delay or failure of receipt of the acknowledgment email by you. Please check your spam or junk folder and if you have not received the email, contact us at questions@dreamoftravelwriting.com.
We have the right to reject any order for any reason and all orders are subject to availability.
If you would like to make any changes to your contact or payment details after you have submitted your order, please contact us as soon as possible and we will let you know if it is possible to make the changes. If you wish to cancel your order, please see clause 5 below for further details.
3. THE LIVE EVENT(S)
The Live Event(s) include live online learning workshops and/or sessions and any digital content or other supporting materials that may be provided to you to facilitate the workshop and/or session as detailed on the Website (collectively, the Content). Please read the details and descriptions carefully. The Live Event(s) include what is detailed on the Website at the time of your order. Please note that any pictures and images provided on the Website are for illustration purposes only and your order may vary slightly from those pictures or images.
You will have one username and password for the Website to access the Live Event(s) you have signed up to via the Website. If you would like to access the Live Event(s) along with a business partner, collaborator, assistant or team member you will need to each purchase and/or sign up to the Live Event(s) individually for each participating member. Live Event(s) are non-transferable. [You must not share your username and password with anyone else or allow anyone else to access the Website using your username and password. You must use reasonable efforts to keep your username and password confidential.] You must notify us as soon as you become aware of any unauthorised use or access to the Live Event(s)[, your username or password]. We reserve the right to suspend your access to the Live Event(s) immediately without refund should it come to our attention that you are in breach of the terms of this clause.
Any Content provided to you as part of the Live Event(s) can be accessed via your account using the login details set up at the time of your order. You are solely responsible for the accuracy of the contact information provided by you at the time of your order in the event you forget your username or password and need to reset your login details.
Any Content provided as part of the Live Event(s) is not owned by you. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this Agreement. Except where you have permission to use the Content under this Agreement, you will not obtain any rights of ownership or other rights (of whatever nature) in the Content or in any copies of it.
We cannot guarantee that access to the Live Event(s) will be available at any given time. We also cannot guarantee that access to the Live Event(s) will be uninterrupted, error free or secure.
To access and use the Live Event(s), your device may need to comply with certain technical requirements and you will need internet access. You are responsible for any charges you may incur in connection with your access. You can access and use the Live Event(s) wherever you want in the world but only if you comply with local laws. Whilst we will provide reasonable assistance if and when access issues arise, we are not liable to you if you are unable to access and/or use the Live Event(s) due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.
The Live Event(s) will be available online and provided to you via our nominated communication platform. We will offer the opportunity to dial in by phone where possible at our discretion.
We will provide the Live Event(s) at the time(s) and on the date(s) listed on the Website (subject to change at our sole discretion at any time).
We will do all that we reasonably can to deliver the Live Event(s) to you at the time(s) and date(s) listed on the Website and with the speaker named (if any) to lead a particular session. If a speaker is unavailable at any time to lead any of the Live Event(s) then we will either try to find an appropriate substitute speaker or reschedule the session.
If there might be a delay or change, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
Where a delay is caused by circumstances beyond our reasonable control, we will usually try to start, restart or reschedule the Live Event(s) as soon as the issue causing the delay has been resolved. If the Live Event(s) are delayed by more than one week, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your order. At our sole discretion, we may provide you with a prorated refund to reflect any affected Content that was not provided as part of the Live Event(s) (please see clause 5 below).
If you are having trouble accessing the Live Event(s), please email us at:
questions@dreamoftravelwriting.com
4. PRICE AND PAYMENT
Prices for the Live Event(s) are set out on our Website. All prices are in US dollars ($)(USD).
Prices for the Live Event(s) may change at any time but such changes will not affect existing orders.
If there has been an error on the Website regarding the pricing of the Live Event(s) and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
We accept payment via credit cards and debit cards. All credit card and debit card payments need to be authorised by the relevant card issuer.
Unless stated otherwise on our Website, the Live Event(s) must be paid for in advance and we will take payment from your card before we send you an order acknowledgement email.
Any discounts offered for the Live Event(s) are at our sole discretion and subject to verification of eligibility of the discount. If after making your purchase, we determine that you do not meet the eligibility qualifications for the discount offered, the Live Event(s) will revert to the full price stated at the time of your purchase and you will be expected to pay the difference. Please note that any discount offered relates to that specific order only and is not automatically eligible against future purchases via our Website.
5. CANCELLATION AND REFUNDS
Live Event(s) will share behind-the-scenes details and proprietary strategies that we do NOT share publicly via our Website or otherwise. Therefore, Live Event(s) are provided on an “AS IS” and “AS AVAILABLE” basis and once you have access to the Live Event(s), you lose your right to cancel and the Live Event(s) are non-refundable except in the circumstances set out in this Agreement.
For the avoidance of doubt:
a) “AS IS” means that you accept the purchase of the Live Event(s) in its condition at the time of purchase and we are not making any promises to you about the Live Event(s) working, being of a particular quality, or being suitable for particular use or needs; and
b) “AS AVAILABLE” means that we are not promising a particular service level or availability of the Live Event(s).
We invite you to fully immerse yourself in the Live Event(s) but you agree that your level of participation is under your control and at your discretion and we do not offer any pro-rated pricing or refunds depending on your usage or participation in the Live Event(s). Please see clause 9 for further details.
In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop access to the Live Event(s). If this happens and it affects your order, we will notify you by email and cancel the Live Event(s) in question. At our sole discretion, we may provide you with a prorated refund.
If there is a problem with any Content you have purchased from us as part of the Live Event(s) or the Live Event(s) generally, please contact us as soon as reasonably possible.
6. INTELLECTUAL PROPERTY
You agree that Live Event(s) contain proprietary Content that is owned by us and/or our licensors and is protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Content, including to any sharing or social media sites, is considered stealing, and we will prosecute such misconduct to the fullest extent permitted by law.
We provide you with access to the Live Event(s) solely for your personal, non-commercial use, and you agree that you will not use any of the Content in any way whatsoever except for use in compliance with this Agreement. You must not use the Content for commercial, business or resale purposes and you will not use the Live Event(s) or the Content available in the Live Event(s) in a manner that constitutes an infringement of our rights or that has not been authorized in writing by us. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Live Event(s).
Please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content or any other works that reference us, the Live Event(s) or the Content or infringe on any of our intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Live Event(s) (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by us and/or our licensors, which reserve all of their respective rights in law and equity.
THE USE OF THE LIVE EVENT(S) AND/OR CONTENT EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF US AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Our trademarks, service marks, graphics, and logos used in connection with the Live Event(s) are common law trademarks or our registered trademarks. You are granted no right or license with respect to any of the aforesaid trademarks.
7. PRIVACY AND CONFIDENTIALITY
You acknowledge that we must process your personal data in order to properly fulfil our obligations under this Agreement and as otherwise required by law. We shall do so in accordance with all applicable data protection laws and our Privacy Policy (a copy of which can be found on the Website).
We respect your privacy and must insist that you respect the privacy of other people that participate in the Live Event(s) (the Participants). By purchasing access to the Live Event(s), you agree:
a) not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of us or the Participants;
b) that any confidential information shared by the Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;
c) not to disclose such confidential information to any other person or use it in any manner other than in discussion with other Participants during the Live Event(s);
d) that all Content provided to you by us is our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may be used by you only as authorized by us;
e) the reproduction, distribution and sale of the Content by anyone other than us is strictly prohibited; and
f) that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
While you are free to discuss your personal results from the Live Event(s), you must keep the experience and statements, oral or written, of all other Participants in the strictest of confidence.
You agree that the Live Event(s) will at all times be recorded by us and such recordings may be shared with other Participants of the Live Event(s) and our staff and associates. Your consent to the recording of sessions is a prerequisite condition of signing up to attend the Live Event(s) and if you do not consent, you should not sign up or attend the Live Event(s). If a recording of a session has been made, then a copy will be made accessible to you via the Website in a reasonable amount of time following completion of the session. For the avoidance of doubt, you must not record any part of the Live Event(s) including making audio, video, photographic records or screen captures at any time. Please see this clause 7 and clause 6 above for further details.
8. THIRD-PARTY MATERIALS AND WEBSITES
We may provide links to third-party materials and websites as a convenience to you and other Participants. These third-party materials and websites are not part of the Live Event(s), and they may be either withdrawn or terminated at any time without notice to you and without any liability on our part. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites.
In addition, you agree that we are not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services of third parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that we will not be liable for your improper use of third-party materials and websites.
9. DISCLAIMER
THE LIVE EVENT(S), THE WEBSITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE LIVE EVENT(S), THE WEBSITE, THE CONTENT AND ANY OTHER MATERIALS PROVIDED BY US.
When addressing financial matters on or in our Website, Live Event(s), Content, or any other materials, we’ve taken all reasonable efforts to ensure that we accurately represent the Live Event(s) and their potential to grow your business and improve your life. However, we do not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in the Website, Live Event(s), Content, or any other materials is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE LIVE EVENT(S) IS AT YOUR SOLE RISK. By purchasing access to the Live Event(s), you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented in or on the Live Event(s), Website, Content, or any other websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined in or on the Live Event(s), Website, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
10. LIMITATION OF LIABILITY
LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) US, OUR OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE LIVE EVENT(S); AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO THE LIVE EVENT(S) AND A REFUND (IF ANY) AS SET OUT IN CLAUSE 5. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
AS SET FORTH IN OUR PRIVACY POLICY, WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE LIVE EVENT(S), BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
11. NON-DISPARAGEMENT
You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage us or the Live Event(s) including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
12. TERMINATION
We are committedto providing all participants in the Live Event(s) with a positive experience. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, we may, in our sole discretion and without notice to you:
a) limit, suspend, or terminate your participation in the Live Event(s) without refund or forgiveness of future payments (if any); and/or
b) terminate this Agreement.
Your obligations to us under this Agreement will survive expiration or termination of this Agreement for any reason.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, legal actions, regulatory actions, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay in connection with, arising out of or resulting from your breach of this Agreement and/or your misuse of the Live Event(s). You recognize and agree that all of our owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of us.
14. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement or the Live Event(s) (each, a Dispute), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (FAA). Any election to arbitrate, at any time, shall be final and binding on the other party.
IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING A CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA.
Prior to seeking arbitration, you must send an email to us at questions@dreamoftravelwriting.com and include all of you reasons for dissatisfaction with the Live Event(s). You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your payments made to date for the Live Event(s). No other actions or financial awards of consequential damages or any other types of damages may be granted to you. We agree that the decision of the arbitrator is binding and the judgment on the arbitrator’s award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.
15. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
16. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.
17. GENERAL
This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. Access to the Live Event(s) is non-transferable.
We reserve the right at any time to modify this Agreement and to impose new or additional Terms or conditions on your use of the Live Event(s). Such modifications and additional Terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Live Event(s) will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Website or you may be notified by email. If you have any questions, please contact us at questions@dreamoftravelwriting.com.
This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
You and us have entered into this Agreement in the State of New York and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and us shall be determined in accordance with the laws of the State of New York, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
