LAST UPDATED Feb 20th, 2023

Introduction

Please read these Terms of Use carefully before purchasing, accessing, or using any of Tibensense's Programs, Products, and Services.

Our Programs, Products, and Services are owned and operated by Tibensense, LLC. ("Company," "we," or "us"). The term "you" refers to any purchaser and/or user of any of Tibensense's Programs, Products, and/or Services. Tibensense LLC is a subsidiary of Tibensense, LLC.

These Terms of Use ("Terms of Use") state how you may use Tibensense's Programs, Products, and Services and Program Materials, and their content. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time.

By using any of Tibensense's Programs, Products, and Services, you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use Tibensense's Programs, Products, and Services.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing, and/or using any of Tibensense's Programs, Products, Services, and Program Materials, you are waiving certain legal rights, and you are voluntarily agreeing to do so.

NOTE: If you have purchased one of our products via a payment plan of any kind, you are required to make all payments until you are paid in full. To protect ourselves and our affiliates, we do send payment defaults to a collections agency, and this can have a negative impact on your credit score.

Use and Consent

By purchasing or using any of Tibensense's Programs, Products, or Services, you agree to abide by these Terms of Use as well as our Refund Policy and Privacy Policy, and any other terms and conditions that may apply. You are required to act in accordance with these terms. Accessing, purchasing, or using our Programs, Products, Services, or Program Materials in any manner constitutes use of the Program, Products, Services, and Program Materials, and your agreement to be bound by these Terms of Use.

A refund can be processed within 14 days of purchase and with less than 25% completion of the purchased program material. Please note that the refund will be minus the fees that our merchant account charges us for processing your payment. Those fees are not returned to us when a refund is made.

All of our Programs, Products, Services, and Program Materials are intended solely for users who are eighteen (18) years of age or older.

Any registration by, use of, or access to any Program, Product, Service, or Program Materials by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using our Programs, Products, or Services, or our Program Materials, you represent and warrant that you are at least 18 years old.

Intellectual Property Rights

Tibensense, LLC. and its affiliates or licensors own and operate our Programs, Products, and Services, as well as all Program Materials, and they are protected by copyright, trademark, and other intellectual property laws.

The content within our Programs, Products, and Services is exclusively owned by us or licensed to us unless otherwise stated. This content includes the design, layout, appearance, graphics, and other aspects of the Program Materials provided by us. Reproduction of this content is strictly prohibited without complying with the copyright notice, which is part of these Terms of Use.

When you purchase or access any of our Program Materials through our Programs, Products, or Services, you are considered a Licensee. It is important to note that all content obtained through us remains our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only. This means that you may not use our Programs, Products, or Services or the Program Materials in a way that infringes upon our rights or without our prior authorization.

By using our Programs, Products, Services, and Program Materials, you agree to the following terms:

You may download and/or print Program Materials for your personal use within your business.However, you are not allowed to share, sell, reprint, or republish any of our Program Materials, including handouts, for the purpose of resale or mass reproduction in your own business.Trademarks, taglines, and logos displayed on Program Materials are the property of Tibensense, LLC. Any trademarks not owned or licensed to us that are reproduced on our website will be acknowledged accordingly.Unauthorized use of these trademarks, such as framing, metatags, or other text, is strictly prohibited without our express written consent or the permission granted herein. For the trademarks, taglines, and logos for which you are granted permission to use, you must include the trademark indicia at all times.The trademark symbols (™) or ® associated with any marketing or promotional tools, Program, Product, or Service titles, or any other titles or information belonging to us may not be used by you without our express written permission.

All rights not expressly granted in these terms or any express written license are reserved by Tibensense, LLC.

Prohibited Sharing of Information

As a Licensee, you acknowledge that our Programs, Products, Services, and Program Materials have been created, developed, or obtained by us through significant investment of time, effort, and expense. This information is a valuable, special, and unique asset that must be protected from improper and unauthorized use.

By enrolling in or purchasing our Programs, Products, or Services, you explicitly agree that you are prohibited from the following:

Copying, sharing, or stealing our Programs, Products, Services, or Program Materials, or any part thereof.

Using, copying, adapting, or representing our Programs, Products, Services, or Program Materials as if they were your own or created by you.

Engaging in improper and unauthorized use of our Programs, Products, Services, and Program Materials, which includes modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing them in any manner or medium (including email or other electronic means). This applies to Program Materials and any other information accessed or purchased through our Programs, Products, or Services, or any other communications provided by us, for your personal use, business/commercial use, or in any way that generates income.

Duplicating, sharing, trading, selling, or distributing our Programs, Products, Services, or Program Materials to any other person, for their personal use, business/commercial use, or in any way that generates income. Even if you were unaware at the time that the information would be used for personal or business/commercial purposes, you are not permitted to share or sell any part of our Programs, Products, and Services or Program Materials to someone else for such purposes. The limited license granted to use our Program, Product, Service, and Program Materials applies solely to you.

Violating our intellectual property rights, including copyright and trademark rights. Downloading, printing, or using our Programs, Products, Services, or Program Materials for your own training purposes does not grant you any copyright, trademark, intellectual property, or ownership rights over our Program, Product, Service, or Program Materials.

Reprinting or republishing any part of our Programs, Products, Services, or Program Materials for publication or inclusion in your own products, programs, services, or program materials, for personal or business/commercial use, or in any way that generates income.

Using our Programs, Products, Services, or Program Materials in a manner that infringes upon our rights or without our prior written consent.

Engaging in prohibited or improper and unauthorized use of our Programs, Products, or Services, or Program Materials, as outlined in these Terms of Use, constitutes theft and is subject to prosecution to the fullest extent of the law. Prohibited use and improper or unauthorized use may result in civil claims for damages and/or criminal offenses.

Limitations on Linking and Framing

You are allowed to establish a hypertext link to our website or content as long as the link does not suggest any sponsorship, endorsement, or ownership by us, and does not imply that we have sponsored, endorsed, or have ownership rights in your website. However, you are not permitted to frame or inline link our content without obtaining our written permission.

Your License to Us. By posting or submitting any material, such as comments, posts, photos, images, videos, or other contributions, on or through our Programs, Products, Services, or Program Materials, you represent that you are the owner of such materials and that you are at least 18 years old.

When you submit or post any comment, photo, image, video, or other submission for use on or through our website, you grant us and anyone authorized by us an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, either in whole or in part, in any manner or medium now known or developed in the future, for any purpose. This license also grants us the right to incorporate your contributions into our current or future Programs, Products, Services, and/or Program Materials. It includes the right to use or exploit proprietary rights or intellectual property rights, such as copyright, trademark, service mark, trade secrets, patent rights, or any other intellectual property rights you may have under relevant jurisdictions, without requiring further permission or compensation from you.

Furthermore, you authorize us and anyone authorized by us to identify you as the author of any of your comments, posts, photos, images, videos, or other contributions by name, email address, or screen name. Please note that while we have the right (but not the obligation) to use and display any contributions you make, we may choose to discontinue the use and display of such contributions on our Programs, Products, Services, and/or Program Materials at any time and for any reason.

Media Release

By participating in our Programs, Products, and Services and using our Program Materials, including our Facebook community, you provide your consent to the capture of photographs, videos, and/or audio recordings that may include you, your voice, and/or your likeness. We reserve the right, at our sole discretion, to use these photographs, videos, and/or audio recordings, as well as any other materials you submit to us in relation to your participation in our Program, Product, or Services, in our current or future Programs, Products, or Services, as well as in our marketing or promotional efforts. This usage may occur without any compensation to you, both now and in the future.

Request for Permission to Use Content

If you wish to use our Programs, Products, Services, or Program Materials, in whole or in part, or any other intellectual property belonging to us ("Content"), you must request written permission before doing so. To obtain permission, please complete the "Contact Us" form on our website or send an email to [email protected]

Please note that you may not use our Programs, Products, Services, or Program Materials in any way that contradicts these Terms of Use unless we have provided you with specific written permission to do so.

If we grant you permission, you agree to use the designated Content only in the manner specified in our written permission. Any use of the Content beyond the scope of our written permission will be considered a violation, and you agree to cease using the Content immediately upon our request to protect our intellectual property rights.

Security

When you apply for, enroll in, purchase, or use our Programs, Products, or Services, we may collect personal data and information, including but not limited to your name, email address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally identifying information ("Confidential Information").

By providing us with Confidential Information, you grant us permission to use and store that information. We will take reasonable measures to keep your Confidential Information safe, secure, and confidential. We have implemented security measures to protect your Confidential Information both online and offline.

However, please be aware that due to the nature of the Internet, we cannot guarantee the complete security of your Confidential Information or any other data or information transmitted to us or through our services. Therefore, the submission of Confidential Information, data, or other information is done at your own risk.

While we have security measures in place to prevent the loss, misuse, and alteration of information obtained from you, we cannot guarantee the prevention of any such loss, misuse, or alteration. You acknowledge and accept this risk.

Personal Responsibility and Assumption of Risk

As a Licensee, you agree that you are using our Programs, Products, Services, and Program Materials at your own risk and judgment. Our Programs, Products, Services, and Program Materials are provided for informational and educational purposes only. You understand that you assume all risks, and no results are guaranteed in any way related to our Programs, Products, Services, and Program Materials. These resources are designed to provide education and tools to help you make your own decisions. You are solely responsible for your actions, decisions, and results based on the use, misuse, or non-use of our Programs, Products, Services, and Program Materials.

While we take precautions to protect our Programs, Products, Services, and Program Materials, we cannot guarantee the security of these resources or the information transmitted through them. Submitting contributions or information through our Programs, Products, Services, and Program Materials is done at your own risk. We make no assurances about our ability to prevent any loss or damage arising from the use of our Programs, Products, Services, and Program Materials, and you agree to assume such risks.

Disclaimer

Our Programs, Products, Services, and Program Materials are provided solely for informational and educational purposes. We make every effort to provide accurate and up-to-date information, but we cannot guarantee the completeness, accuracy, or reliability of the content. Therefore, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Programs, Products, Services, and Program Materials will meet your specific requirements, be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

You acknowledge and agree that your use of our Programs, Products, Services, and Program Materials is at your own risk. We are not liable for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, or for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

You acknowledge and agree that we are not responsible for any defamatory, offensive, or illegal conduct of any other Program, Product, Service, or Program Materials participant or user, including yourself.

This disclaimer applies to all content within our Programs, Products, Services, and Program Materials, whether provided by us or by third parties.

Medical Disclaimer

Our Programs, Products, Services, and Program Materials are not intended to be a substitute for professional medical advice, diagnosis, or treatment. The information provided through our Programs, Products, Services, and Program Materials is for informational purposes only and should not be relied upon as medical advice.

We are not healthcare professionals, and we do not provide medical, psychological, or religious advice. The information and content provided in our Programs, Products, Services, and Program Materials should not be used as a substitute for professional medical advice, diagnosis, or treatment.

If you have or suspect that you have a medical or mental health issue, it is important to consult with your own healthcare provider promptly. Do not disregard professional medical advice or delay seeking medical advice because of information you have obtained from our Programs, Products, Services, and Program Materials.

You should always seek the advice of your physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered healthcare professional regarding any questions or concerns about your physical or mental health. Do not stop taking any medications or change your treatment plan without consulting your healthcare provider.

We do not claim to provide healthcare, medical, or nutrition therapy services. Our Programs, Products, Services, and Program Materials are not intended to diagnose, treat, prevent, or cure any physical ailment or mental or emotional issue, disease, or condition.

You are responsible for your own health and well-being. We encourage you to make informed decisions about your health and to consult with healthcare professionals as appropriate.

Legal and Financial Disclaimer.

Our Programs, Products, Services, and Program Materials are not intended to be a substitute for professional business, financial, or legal advice. The information provided through our Programs, Products, Services, and Program Materials is for informational purposes only and should not be relied upon as business, financial, or legal advice.

We are not providing business, financial, or legal advice in any way. The information and content provided in our Programs, Products, Services, and Program Materials should not be used as a substitute for professional advice from your accountant, lawyer, or financial advisor.

It is important to consult with your own accountant, lawyer, or financial advisor for specific advice tailored to your individual business, financial, or legal situation. Each person's financial and legal circumstances are unique, and the information we provide may not be applicable to your situation.

We do not assume any responsibility for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials.

You are solely responsible for your own business decisions and the outcomes that arise from them. It is important to exercise your own judgment and conduct thorough research and analysis before making any business, financial, or legal decisions.

Earnings Disclaimer

We acknowledge and state that we do not make any representations regarding the future income, expenses, sales volume, potential profitability, or loss that may be derived from participating in our Programs, Products, Services, or Program Materials. We cannot and do not guarantee any specific financial results, positive or negative, through the use of our Programs, Products, Services, and Program Materials.

You understand and accept that results differ for each individual, and your financial outcomes are dependent on various factors including but not limited to your skills, knowledge, experience, dedication, and business decisions. Any testimonials or examples provided through our Programs, Products, Services, and Program Materials are not to be interpreted as a promise or guarantee of earnings.

We expressly disclaim any responsibility for the choices, actions, results, use, misuse, or non-use of the information provided through our Programs, Products, Services, or Program Materials. You acknowledge that your financial success or failure is solely your responsibility and we are not liable or responsible in any way for your financial results.

Warranties Disclaimer

We provide our Programs, Products, Services, and Program Materials "as is" without any warranties, express or implied. We do not warrant that our Programs, Products, Services, or Program Materials will be functional, uninterrupted, correct, complete, appropriate, or error-free. We do not guarantee that any defects will be corrected, or that our website, content, or any third-party websites are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or results of our Programs, Products, Services, or Program Materials, or the correctness, accuracy, timeliness, reliability, or otherwise of the information provided. You understand and agree that your use of our Programs, Products, Services, and Program Materials is at your own risk.

Technology Disclaimer

While we strive to ensure the uninterrupted availability and delivery of our Programs, Products, Services, and Program Materials, including our website, content, and communications, there may be instances where access is suspended or restricted. This may occur to facilitate repairs, maintenance, or updates to our systems. We will make reasonable efforts to minimize the frequency and duration of such interruptions.

Please note that we cannot guarantee uninterrupted or error-free access to our Programs, Products, Services, and Program Materials. We will not be liable to you for any damages, refunds, or other recourse in the event that our Programs, Products, Services, or Program Materials become temporarily or permanently unavailable, or if access is slow or incomplete. This includes situations such as system back-up procedures, high internet traffic volume, server upgrades, general network failures or delays, or any other circumstances that may render our Programs, Products, Services, or Program Materials inaccessible.

We recommend that you have alternative arrangements in place for accessing information or participating in our Programs, Products, Services, or Program Materials in the event of any temporary or permanent disruptions.

Errors and Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Links to Other Websites

Our Programs, Products, Services, and Program Materials may contain links and pointers to websites maintained by third parties that are outside of our control. These links are provided for your convenience and should not be interpreted as an endorsement, sponsorship, or approval of those websites or their owners. We do not endorse or assume any responsibility for the views, opinions, facts, advice, or statements provided on external websites, or the accuracy or reliability of the information presented.

We are not liable for any errors or omissions caused by external websites that may be referenced in our Programs, Products, Services, or Program Materials. We have no control over the content or functionality of these websites and therefore accept no responsibility for any loss, damage, or other issues that may arise from your use of them. We cannot guarantee the accuracy, completeness, or usefulness of any other website or its content.

It is your responsibility to review the terms and conditions and privacy policies of linked websites to ensure that you understand and agree with their policies.

By purchasing or using our Programs, Products, Services, or Program Materials, you acknowledge and agree that we are not responsible for the content or functionality of any third-party websites and that you access them at your own risk.

Indemnification

You agree to defend, indemnify, and hold harmless our Company, its affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees from any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your use of our Programs, Products, Services, or Program Materials, or any breach of your obligations, warranties, representations, or covenants as set forth in these Terms and Conditions or any other agreement with us.

This indemnification obligation applies to any claims or actions, whether brought by a third party or initiated by you, arising out of or in connection with your use of our Programs, Products, Services, or Program Materials. It includes, but is not limited to, claims of infringement of intellectual property rights, violation of privacy rights, or any other claim or action resulting from your use or misuse of the provided information and materials.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses. You shall not settle any claims or actions without our prior written consent.

Limitation of Liability

We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.

Release of Claims

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Conduct Agreement

By using our Programs, Products, Services, or Program Materials, you agree to conduct yourself in a manner that does not disrupt, damage, or impair the availability or functionality of the Programs, Products, Services, or Program Materials. You are solely responsible for all electronic communications and content sent from your computer to our Website and its Content.

You must use our Programs, Products, Services, or Program Materials for lawful purposes only. You agree not to engage in any of the following activities:

Using our Programs, Products, Services, or Program Materials for fraudulent purposes or in connection with any criminal offense or unlawful activity.Sending, using, or reusing any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing on any intellectual property rights, or that may otherwise injure others.

Sending, negatively impacting, or infecting our Programs, Products, Services, or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware. This includes engaging in commercial solicitation,

sending chain letters, conducting mass mailings, or any form of spam, whether intended or unintended.

Causing annoyance, inconvenience, or needless anxiety to others through your use of our Programs, Products, Services, or Program Materials.

Failure to comply with these conduct guidelines may result in termination of your access to our Programs, Products, Services, or Program Materials, and may also be subject to legal action if necessary.

To impersonate any third party or otherwise mislead as to the origin of your contributions

To reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms of Use or any other agreement with us.

Communication Guidelines

If you have any questions or concerns regarding your Programs, Products, Services, or Program Materials, we encourage you to reach out to us via email at [email protected].

We strive to provide timely and responsive support and will do our best to address your inquiries promptly.

Please ensure that your communication is respectful and relevant to the matter at hand. We appreciate clear and concise messages that enable us to understand and assist with your concerns effectively.

While we make every effort to respond promptly, please note that response times may vary depending on the volume of emails received. We appreciate your patience and assure you that we will address your questions or concerns as soon as possible.

Thank you for your cooperation, and if you have any further questions, please don't hesitate to contact us at[email protected].

Purchases and Online Commerce

By making a purchase of our Programs, Products, or Services, you agree to the following terms:

Payment Authorization: If you choose to pay with a debit card or credit card, you authorize us to charge your card for the payment of the Program, Product, or Service without requiring any additional authorization. You will receive an electronic receipt for your purchase.

Payment Due Date: Payment for the Program, Product, or Service is expected to be made by the specified due date. In the event that payment is not received by the due date, you will have a three (3) day grace period to make the payment. If payment is not received within this grace period, we reserve the right to discontinue your access to the Program, Product, or Service immediately and permanently.

Responsibility for Payment: If you fail to make payment in a timely manner or voluntarily decide to withdraw from our Programs, Products, or Services, you remain fully responsible for the full cost of the Program, Product, or Service.

Collection of Information: During the purchase or transaction process, including the collection of your name, address, method of payment, credit card number, and billing information, both we and our payment processing company may collect this information.

Use of Purchased Goods or Services: You agree to use our Programs, Products, Services, and Program Materials for lawful, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. You are financially responsible for all purchases made by you or on your behalf.

Refund Policy and Chargebacks: We have a clear Refund Policy, which you agreed to prior to completing your purchase. We do not tolerate or accept any chargeback threats or actual chargebacks from your credit card company. If a chargeback is placed on a purchase or a chargeback threat is received, we reserve the right to report the incident to credit reporting agencies or any other relevant entity, which may negatively impact your credit report score. Chargeback abusers may be listed as delinquent accounts.

Purchases from Affiliates or Merchants: If you make a purchase from an affiliate, individual, or company through a link provided on or through our Programs, Products, or Services, the collection of information and the terms and conditions of the purchase are solely between you and the Merchant. We are not responsible or liable for any loss, damage, refunds, or other matters resulting from such dealings with a Merchant.

Privacy and Data Collection: Payment processing companies and Merchants may have different privacy and data collection practices. We are not responsible for the independent policies of these entities. Your purchase may also be subject to additional terms and conditions specific to the payment processing company, Merchant, or us.

Release of Claims: By making a purchase or using our Website or its Content, you release us, our affiliates, our payment processing company, and Merchants from any damages incurred and agree not to assert any claims against us or them arising from your purchase or use of our Website or its Content.

Note: If you have purchased one of our products through a payment plan, you are required to make all payments until you are paid in full. Failure to do so may result in default being sent to a collections agency, which can negatively impact your credit score.

Termination

You have the right to terminate your use of or participation in our Programs, Products, or Services at any time by reaching out to us at

[email protected]

.

We reserve the right, in our sole discretion, to refuse or terminate your access to our Programs, Products, Services, or Program Materials, either in full or in part, at any time and without notice. If termination occurs, we will send you an email to the address you provided upon purchase of the Program, Product, or Service.

In the event of cancellation or termination by either party, you are required to make any remaining payments or balances owed to us within 24 hours.

Upon termination by either party, we may immediately refuse or terminate your access to any aspect of our Programs, Products, Services, and/or Program Materials, including our Website, private forum, email communications, Facebook groups, live webinars or conference calls, or any other communication method related to our Programs, Products, Services, or Program Materials. This may occur without prior notice and at our sole discretion.

All the terms outlined in this Terms of Use, including copyright, trademark, intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy, will continue to apply even after termination, whether by you or us.

Dispute Resolution

We aim to resolve any differences or issues through amicable email correspondence. However, if we are unable to reach a resolution within a reasonable time, you agree that the only method of legal dispute resolution will be binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Before seeking arbitration, you must contact us at

[email protected] and provide all reasons for your dissatisfaction with the Program, Product, or Service. You understand and agree that the sole remedy that can be awarded through arbitration is a full refund of your payment made to date. No other actions or financial awards, including consequential damages, will be granted. We both agree that the arbitrator's decision is final and binding and may be entered as a judgment in any court with appropriate jurisdiction.

By purchasing our Programs, Products, or Services, you agree to a modification of the statute of limitations, requiring any arbitration to commence within one (1) year of the date of your email referenced above. Failure to initiate arbitration within this timeframe will result in a waiver of your right to seek dispute resolution through arbitration or to take any other legal action.

You also agree that any arbitration will take place in Hartford, CT, and the prevailing party will be entitled to reasonable attorneys' fees and all costs necessary to enforce the arbitrator's decision.

In the event of a dispute, you agree not to engage in any conduct or communications, publicly or privately, including on social media, intended to disparage us, our Company, or any of our Programs, Products, or Services. However, you are not prohibited from sharing your thoughts and opinions as part of the legal process when requested by law or arbitration.

If any terms of these Terms of Use are deemed invalid or unenforceable for any reason, it will not affect the validity or enforceability of any other term, which will remain in full force and effect.

Confidentiality and Privacy

To use our Programs, Products, Services, or Program Materials, we may request personal data or information from you, such as your name, email address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information ("Confidential Information"). You may also voluntarily provide comments, photos, images, videos, or other submissions to us while using or participating in our Programs, Products, Services, or Program Materials ("Other Information"). By providing such Confidential Information or Other Information to us, you grant us permission to use and store that information. We will make every effort to keep your Confidential Information safe, secure, and confidential in accordance with these Terms of Use and our full Privacy Policy, which can be found on our website. If you believe any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible, and we will promptly correct any inaccuracies.

How We Use Confidential Information. We request and require various personal data and Confidential Information to understand your needs and provide you with better services. Additionally, we may use such data and Confidential Information for the following purposes: (1) internal record keeping, (2) improvement of our Programs, Products, Services, or Program Materials, (3) periodic sending of promotions about new Programs, Products, or Services or other special offers, from which you can unsubscribe at any time, (4) collection of aggregate, non-identifiable data for research purposes, (5) customization of the Programs, Products, or Services you purchase or use based on your interests, and/or (6) support or communication related to your Program, Product, Service, or Program Materials.

Storage

All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.

Confidentiality and Disclosure

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms of Use and Privacy Policy and our Disclaimer, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

Viewing by Others

Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Programs, Products, Services, or Program Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

How We Use Cookies

We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Programs, Products, Services or Program Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Programs, Products, Services or Program Materials.

Passwords

To use certain features of our Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Product, Service, Program Materials, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

If you have any questions about any term of these Terms of Use, please contact us at https://www.tibensense.com