chadsprep.com
Terms of Service
Effective as of: August 22, 2024
Latest Revision: August 22, 2024
This agreement applies as between you, the User of this Website and Mind Smoothie and Chad's Videos, the owner(s) of this Website. By using and accessing www.chadsprep.com, you agree to be bound by these Terms of Service (Terms). These Terms govern your rights and responsibilities regarding use of www.chadsprep.com or its services, operated by Mind Smoothie LLC and Chad’s Videos LLC.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Mind Smoothie and Chad's Videos makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Mind Smoothie and Chad's Videos proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"System": means any online communications infrastructure that Mind Smoothie and Chad's Videos makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Mind Smoothie and Chad's Videos Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (chadsprep.com) and any sub-domains of this site (e.g. school.chadsprep.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Mind Smoothie LLC and Chad's Videos LLC.
You represent that you have the legal capacity to form a binding contract with Mind Smoothie and Chad’s Videos. If you are accepting these terms as a representative, you warrant that you are authorized to do so.
Mind Smoothie and Chad’s Videos aim to protect your information, but need your help as well. You are responsible for choosing a strong password and safeguarding that password to prevent unauthorized access to your account. Likewise, Mind Smoothie and Chad’s Videos will adhere to the guidelines set forth in our Privacy Policy. By using chadsprep.com, you consent to the use of your information as set forth therein. Mind Smoothie and Chad’s Videos are not responsible for any loss or damage arising from unauthorized access to your account, except as otherwise set forth in this agreement.
For information regarding collected user data and its use, please see the Privacy Policy.
Mind Smoothie and Chad’s Videos are subject to all U.S. laws and additionally may be subject to laws of other countries and jurisdictions. Therefore, Mind Smoothie and Chad’s Videos may be required, under law, to preserve, access, and/or disclose any information submitted by a user to satisfy a warrant or court order.
Products, prices, and availability may change without notice. Likewise, although every effort is made to ensure that all information is accurate, Mind Smoothie and Chad’s Videos cannot endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of all information on chadsprep.com.
- 5.1 Mind Smoothie and Chad's Videos grant you a personal, royalty-free, non-assignable and non-exclusive license to use www.chadsprep.com and its services in a manner consistent with the terms of this agreement. You may not reverse engineer or otherwise appropriate any of www.chadsprep.com’s software without written permission, in advance, by Mind Smoothie and Chad’s Videos. Mind Smoothie and Chad’s Videos retain all ownership and title to www.chadsprep.com, and its services including all copyright, trademark, patents, and other intellectual property that in any way relates to www.chadsprep.com, or its services.
- 5.2 By using www.chadsprep.com, you warrant that you will refrain from the following:
-reposting, copying, recording, translating, performing publicly, preparing derivative works, or displaying any of the videos, study guides, or any other visual, audio, or textual material on this website;
-spamming users of www.chadsprep.com;
-circumventing or removing any software or content protection features;
-testing the security or vulnerability of www.chadsprep.com or any of its website, software, or services;
-attempting to access any areas of www.chadsprep.com not made available to the public through its public interface; and
-downloading, modifying, selling, removing, or otherwise accessing inappropriately any of www.chadsprep.com’s website, software, or services.
UNAUTHORIZED USE OF THIS WEBSITE MAY GIVE TO A CLAIM FOR DAMAGES AND/OR BE A CRIMINAL OFFENSE.
- 6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 6.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
CHADSPREP.COM PROVIDES ALL OF ITS SERVICES AND CONTENT ON AN AS-IS BASIS. YOUR USE OF WWW.CHADSPREP.COM AND ANY OF ITS SERVICES IS AT YOUR OWN RISK, AND MIND SMOOTHIE AND CHAD’S VIDEOS, INCLUDING ITS EMPLOYEES, AFFILIATES, OR SUBSIDIARIES, EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PURPOSE INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INDEMNITY, NON-INFRINGEMENT, OR ANY OTHER SUCH LIABILITY.
MIND SMOOTHIE AND CHAD’S VIDEOS DO NOT WARRANT AND EXPRESSLY DISCLAIM ANY LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER LOSSES, RESULTING FORM YOUR USE OR INABILITY TO USE WWW.CHADSPREP.COM, SOFTWARE, OR ANY OF ITS SERVICES, ANY CONTENT POSTED TO THESE SERVICES, OR ANY HARM CAUSED BY OR CREATED BY ANOTHER’S USE OF WWW.CHADSPREP.COM OR ITS SERVICES. IN NO CASE SHALL MIND SMOOTHIE OR CHAD’S VIDEOS BE LIABLE FOR MORE THAN ($100) OR THE PURCHASE PRICE OF A PRODUCT, WHICHEVER IS GREATER.
ALL DISCLAIMER OF LIABILITY AND ANY LIMITATIONS OF WARRANTIES UNDER THESE TERMS SHALL APPLY TO ANY THEORY OF LIABILITY, INCLUDING OF WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), AND WHETHER OR NOT MIND SMOOTHIE AND/OR CHAD’S VIDEOS HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- 8.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 8.1.1 You must not use obscene or vulgar language;
- 8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, or defamatory;
- 8.1.3 You must not submit Content that is intended to promote or incite violence;
- 8.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 8.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 8.1.6 You must not impersonate other people, particularly employees and representatives of Mind Smoothie and Chad's Videos or Our affiliates; and
- 8.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
- 8.2 You acknowledge that Mind Smoothie and Chad's Videos reserves the right to monitor any and all communications made to Us or using Our System.
- 8.3 You acknowledge that Mind Smoothie and Chad's Videos may retain copies of any and all communications made to Us or using Our System.
- 8.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 9.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- 9.1.1 all information you submit is accurate and truthful;
- 9.1.2 you have permission to submit Payment Information where permission may be required; and
- 9.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 9.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 9.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 9.4 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
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10.1 Either Mind Smoothie and Chad's Videos or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
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10.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Chad's Prep.
- 14.1 All notices / communications shall be given to Us by email to chad@chadsprep.com.
- 14.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
These Terms and any action taken against Mind Smoothie and/or Chad’s Videos shall be governed by the laws of the State of Arizona without regard to or application of its conflict of laws provisions or any regard to your state or country of residence. All actions must be brought in the courts located in Maricopa County, Arizona, United States, and you consent to the jurisdiction of and venue in those courts and waive any objection as to inconvenient forum.
Even if Mind Smoothie and/or Chad’s Videos do not enforce any right or provision under these Terms, such non-enforcement does not constitute a waiver. Mind Smoothie and Chad’s Videos expressly reserves all rights under this agreement. If any provision is found invalid or unenforceable, that provision is to be limited to the minimum extent necessary to uphold all remaining provisions and to carry out the spirit of all provisions to the maximum extent available under law.
These Terms, subject to the Privacy Policy, constitute the entire agreement between you and Mind Smoothie and Chad’s Videos. These Terms supersede any prior agreements, whether oral or in writing, between you and Mind Smoothie and Chad’s Videos. In the event of conflict between any provisions of the Terms and the Privacy Policy, those of the Terms shall prevail.
These Terms may be revised and updated from time to time, and Mind Smoothie and/or Chad’s Videos will inform you by the email address you have provided of any material updates or changes. These Terms will be available on www.chadsprep.com to reflect those Terms currently in effect. By continuing to use www.chadsprep.com after updated Terms have been posted, you agree and consent to be bound by those Terms. If you do not wish to be bound by any new Terms, you must delete your account and terminate use of www.chadsprep.com and its services; however, provisions under Sections 1, 2, 3, 4, 5, 6, 7, 8, 9. 10, 11, 12, 13, 14, 15, and 16 will remain in force.
