The following TERMS AND CONDITIONS OF PARTICIPATION are subject to change at any time and at the sole discretion of the Site owner and operator. Please visit the site regularly for updates.
TERMS AND CONDITIONS OF PARTICIPATION
PROGRAM AND/OR SERVICE
LoDo Media, Inc. (herein referred to as “LoDo Media” or “Company”) agrees to provide Program and/or SERVICE (herein referred to as “Program) identified in online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
REFUND POLICY ON DIGITAL PRODUCTS
We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the course. We offer a SIXTY (60) DAY refund period for purchases, or as otherwise specified during sign-up. However, in order to qualify for a refund you must submit proof that you did the work in the course and it did not work for you.
In the event that you decide your purchase was not the right decision, within SIXTY (60) Days of enrollment, contact our support team at info[at]tomterwilliger[dot]com and let us know you’d like a refund by the 60th day at 11:59 EST. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 60th day, you will not be granted a refund.
The work that you need to submit with your request for a refund includes ALL of the following items:
A refund will NOT be given if you have not viewed the lessons and completed the exercises. We will NOT provide refunds more than SIXTY (60) Days following the date of purchase. After day 60, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within 30 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
All refunds are discretionary as determined by LoDo Media, Inc. To further clarify, we will not provide refunds after the 60th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: info[at]tomterwilliger[dot]com.
SUBSCRIPTIONS, TRIALS, MEMBERSHIPS & NON-DIGITAL PRODUCTS
Your LoDo Media membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment to use the LoDo Media service. We will bill the monthly membership fee to the payment method used when signing up unless updated or changed by subscriber. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
Trial Subscriptions: Your LoDo Media membership may start with a trial. The trial period of your membership lasts for 30 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Trials are for new and certain former members only. LoDo Media reserves the right, in its absolute discretion, to determine your trial eligibility
Monthly Subscriptions: You have THIRTY (30) Days from the date of the original purchase to request a refund for your LoDo Media monthly subscription. Any refund request after the THIRTY (30) DAY time limit will not be processed. You may cancel at any time after the initial THIRTY (30) Days has passed.
Yearly Subscriptions: For yearly subscription purchases, you have THIRTY (30) Days from the date of the original purchase to request a refund for your LoDo Media yearly subscription. Any refunds requests after 30 days will be prorated by the amount of time remaining under the original yearly subscription period. Example: If you purchase a yearly subscription in January of this year and you decide you want a refund 6 months from the purchase date, you’re prorated refund would be 50% of the purchase price.
TERMS OF SUBSCRIPTION RENEWAL
Trial: Members will receive a notice from us that your trial period is ending or that the paying portion of your membership has begun. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. To cancel your subscription submit a ticket at info[at]tomterwilliger[dot]com.
Monthly: LoDo Media Subscriptions automatically renew each month at the stated retail price until the subscription buyer notifies the Company that they wish to cancel.
Yearly: LoDo Media Subscribers will be notified via email prior to renewal with the option to renew at the original yearly price. If the subscriber does NOT notify the Company that they wish to continue at the yearly price, the subscribers account will revert to the monthly price automatically.
Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. LoDo Media makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. LoDo Media assumes no responsibility for errors or omissions that may appear in any program materials.
You agree to provide accurate and complete information when you register with, and as you use, LoDo Media services and programs, and you agree to update your account information to keep it accurate and complete. You agree that LoDo Media may store and use the information you provide for use in maintaining and billing fees to your Account.
ACCESS TO PREVIOUS PURCHASES
As an accommodation to you, subsequent to acquiring LoDo Media training, you may download previously acquired training (when available) onto any Associated Device. Some LoDo Media training or services that you previously acquired may not be available for subsequent download or access at any given time, and LoDo Media shall have no liability to you in such event. As you may not be able to subsequently download certain previously-acquired content or training, once you download an item, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.
LoDo Media, Inc. reserves the right to change content options (including eligibility for particular features) or remove access without notice to any previously purchased training or content that is no longer valid or deemed out of date.
NO TRANSFER OF INTELLECTUAL PROPERTY
LoDO Media’s programs are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of LoDo Media’s intellectual property for Client’s business purposes. All intellectual property, including LoDo Media’s copyrighted program and/or course materials, shall remain the sole property of the LoDo Media. No license to sell or distribute LoDo Media’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the LoDo Media is confidential and proprietary, and belongs solely and exclusively to LoDo Media, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the LoDo Media. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the LoDo Media will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
The LoDo Media respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the LoDo Media is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the LoDo Media’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or LoDo Media’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the LoDo Media and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.
Under no circumstances will we be held responsible or liable, direct, indirect, incidental, special, negligent, consequential, or exemplary damages, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker on our Sites or at one of our events.
We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials. Client accepts any and all risks, foreseeable or unforeseeable.
Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either LoDo Media to perform its obligations under this Agreement, the LoDo Media’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the LoDo Media or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Client may not assign this Agreement without express written consent of LoDo Media.
Company may modify terms of this agreement at any time. All modifications shall be posted on the LoDo Media’s website and purchasers shall be notified.
LoDo Media is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to LoDo Media or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Client shall defend, indemnify, and hold harmless LoDo Media, LoDo Media’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in LoDo Media Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge LoDo Media and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against LoDo Media must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: info[at]tomterwilliger[dot]com. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America.
This site are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion,require users under 18 to obtain the consent of a parent or guardian to view certain content,and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions,and not to help anyone avoid these restrictions.
On our Sites we will, occasionally, discuss mature topics and language relating to personal and professional growth. Users who are uncomfortable with such topics or language should not use our Sites.
NO PROFESSIONAL ADVICE
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook or any other social media mediums.
There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
OUR MINIMUM GUARANTEES
Unless otherwise noted, all products come with a 60 day guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details.
If you do not understand or agree with any of these conditions, please do not order this or any material. If you require further clarification, please contact info[at]tomterwilliger[dot]com.
HOW AND WHY WE COLLECT INFORMATION
We collect your information in order to record and support your participation in the activities you select. If you register for a seminar, for example, the information is used to reserve your seat, to track your preferences, and to keep you informed about the seminar and related events. As a visitor to our Sites, you can engage in many activities without providing any personal information. In connection with other activities, such as utilizing registering for a seminar or participating in a sweepstakes, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including ZIP code), e-mail address, telephone, credit card, and other personal information. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information from you only if you voluntarily submit such information to us. We will also tell you how we use your information or if we share it with another party. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission. If you supply us with your contact information you may receive periodic e-mails, mailings or calls from us with information on new products and services, important issues, or upcoming events. If you wish to be removed from any postal, email, phone, or other lists, please let us know by emailing us at info[at]tomterwilliger[dot]com. You can also write us or call us at the contact information above. Please provide us with your exact name, email address, mailing address, and phone. We will be sure your name is removed from the appropriate lists immediately. When you use our Sites, we or our authorized technology services provider may also collect certain technical and routing information from you to facilitate your use of the Site and its services. We use this information to administer the Site and to understand and measure traffic patterns on the Site so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. This data is often tracked by us our our technology services provider by using “cookies” during your visit. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.
EVENTS, INFORMATION AND SPEAKER CHANGES
The events, information, and speakers listed on our Sites are subject to change without notification.
We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our seminars or within our newsletters or products. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material (“Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.
We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these terms and conditions of use, any of the forum member guidelines or for any other behavior that we in our discretion believe is inappropriate.
The information, services, products, claims, seminar topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction and graduation that are clearly labeled guarantees within our Sites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.