TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these Terms of Use.  If you do not agree to these Terms of Use, please do not use the website.

The following Terms of Use (the "Terms") constitute an agreement between you and Negocio Inc, a Washington Corporation (the "Company") doing business as Negocio.io, and govern your use of this website and all of its associated services, content, and functionality.  This policy applies to the website administered by Company located at https://www.negocio.io/ (the “Site”). You agree to abide by the Terms as a condition of your use of the Site.

Your use of the Site constitutes your acceptance of, and agreement to the following Terms. Company reserves the right to modify, alter, amend or update the Site, its policies and the Terms.  These Terms are subject to change without notice.  If you do not agree with or do not accept any part of the Terms, you should not use the Site.

Company may, without notice, refuse access to the Site, in whole or part, to any person that fails to comply with the Terms.

PURCHASE POLICIES

On the Site, you may enroll in memberships, free courses, or paid courses offered by Company.  Collectively all of the memberships and courses offered shall be referred to as the “Products” and individually as a “Product.”  The Products are provided through Thinkific.com or Paperform.co and consists of video content that is viewable through the dashboard on the Site and downloadable content that is hosted by Company on the Site.  Product content is available only to those who have enrolled.  After enrollment, you will have access to the Product so long as Company maintains the Product as an offering. Any term referencing the Site will also include the Products.

REFUND POLICY

Purchase fees are non-refundable. However, we want our students to be happy, so if you are not fully satisfied with the class, you may submit a request for withdrawal in writing to [email protected] within one (1) month of the start date.  You must have fully completed all homework assignments to that date and share why the Product is not meeting your needs.

LICENSE FOR USE OF PRODUCTS AND SERVICES

The Products were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. Certain products and services are subject to separate terms and conditions.

PRIVACY POLICY

Company respects your privacy and is committed to protecting it. Please review the Privacy Policy at www.negocio.io/pages/privacy which also govern use of this Site. 

GENERAL DISCLAIMER

Company has made every effort to ensure that all information on the Site has been tested for accuracy.  Company makes no guarantees regarding the results that you will see from using the information provided on the Site.

Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Site.  Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Site.

You understand that a professional, consulting relationship, or fiduciary relationship does not exist between you and Company.  A separate agreement is necessary to retain Company for consulting purposes.

BUSINESS COACHING AND CONSULTING DISCLAIMER

We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Site has been tested for accuracy.  There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Site.  We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Site. Everything provided on the Site is for informational purposes only.

Product information is compiled and presented in good faith for general information purposes only and does not constitute legal, tax, or other professional advice.  Site users are encouraged to obtain legal, tax, or other professional advice specific to their particular circumstance.

YOUR RESPONSIBILITY

The Site and the Products were developed strictly for educational purposes.  You understand and agree that you are fully responsible for your participation, progress, and results from the Products and any information gained from the Site.  Company makes no representations, warranties or guarantees. You understand that results may vary from person to person.  You understand that Company is not responsible for your results or any expenses that you may incur as a result of your purchase of a Product or use of the Site.  Company assumes no responsibility for errors or omissions that may appear on the Site or in the Products.

USE OF THE SITE

This Site includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics.  You may view, download, print, email and use materials from this Site for personal, noncommercial purposes only subject to the license below.  You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from this Site for commercial purposes.  Any reproduction or unauthorized use of any materials found on this Site shall constitute infringement.

Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Site.  Subject to the license below, all intellectual property rights are reserved.

From time to time, the Site will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights.  Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.

The following uses are not permitted:

You must not use the Site in a way that causes, or may cause, damage to the Site or impairs the availability of access to the Site.  You must not decompile, reverse engineer, disassemble or otherwise reduce the Site, except to the extent that such activity is expressly permitted by applicable law.  You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Site without Company's express written permission.

You must not use the Site to transmit or send any unsolicited commercial communications.

You must not use the Site for any third-party marketing without Company's express written permission.

INTELLECTUAL PROPERTY

All original materials provided by Company as part of the Site and any Products are owned by Company.  Any original materials are provided for your individual use only for your internal business purposes.  You are not authorized to use or transfer any of Company's intellectual property to any third-party or for the benefit of any third-party.  All intellectual property remains the property of Company.  No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied.  Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

By accessing and viewing any Product, you agree that you will not create any electronic information product that utilizes the information gained through the Product whether or not that information was available through other means.

Certain of the names, logos, and other materials displayed in the Product constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("Company IP"). You are not authorized to use any Company IP without Company’s express consent.  Ownership of Company IP remains with Company and you agree not to make any claims or assertions of any other party’s ownership of Company IP.

Company Products are trademarks of Company and are protected by United States trademark law.  Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company.

EQUITABLE RELIEF

You acknowledge and agree that in the event of certain breaches of the Terms, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury.  Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Site are copyrights owned by Company or third-parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or the Site, or the experts featured on the Site.

From time to time, the Site will legally utilize trademarks owned by third-parties related to Company’s services.  These trademarks are the respective property of their owners.

REGISTRATION AND RESTRICTED ACCESS

Access to the Products is restricted to those that enroll in a Product. When you enroll, you will create a user profile, which may include a username and password.  You agree to keep your username and password confidential.  If you suspect your password has been compromised, you must notify Company immediately at [email protected].  Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Company or other third-parties for any losses incurred due to such unauthorized use.

Company may disable your username and password and/or may limit your access to the Product at its sole discretion and without notice to you.

Company reserves the right to modify methods for enrollment and access levels of enrolled users from time to time.

LIKENESS RELEASE

By participating in a Product, you consent to be filmed as a participant in the Product. You hereby grant Company a worldwide, irrevocable, royalty-free and sublicensable right to use your image, likeness, photograph and recording (the “Likeness”) in connection with display of the Course, in any medium now known or created.  You hereby warrant that no third-parties have rights in the Likeness and you have no contractual or other arrangements which would interfere with or prevent the above-mentioned grant of rights.  You hereby release Company from any claims related to use of the Likeness in connection with the Course.  You agree not to sue and to indemnify and hold harmless Company, and its directors, officers, agents and employees, licensees, and assigns, against and from any and all claims, liability, loss and damage, including reasonable attorney’s fees, caused by or arising wholly or in part, directly out of the use of the Likeness in accordance with the Terms, and to defend at Company expense any litigation instituted by others against any of them resulting therefrom.

You may opt out of this release by sending express written notice to [email protected] with the subject Opt-Out of Release and indicating the Product name and date of recordings.

Communication - Electronic Notice

You consent to receive communications from Company electronically.  You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

Third-Parties

The Products may offer resources that contain links to third-party websites that are not governed or controlled by Company.  You represent and warrant that you have read and agree to be bound by all applicable Terms and policies for any third-party websites.  Company assumes no control or liability over the content of any third-party sites.  You expressly hold harmless Company from any and all liability related to your use of a third-party website.

Prior to engaging in any commercial transactions with any third-parties discovered through or linked on the Product, you must complete any necessary investigation or due diligence.  If there is a dispute for any commercial transactions with a third-party discovered through or linked in the Product, you expressly hold Company harmless from any and all liability in any dispute.

GRANT OF RIGHTS

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Site.  This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material.  This license extends to all known and future media.  You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE SITE

Any content you contribute to the Site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third-party.

Company reserves the right to edit or remove: (i) any material submitted to the Site; (ii) stored on Company’s servers; or, (iii) hosted or published on the Site.  Company takes no responsibility and assumes no liability for any content posted by you or any third-party.

Notwithstanding Company’s rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Site.

COMMENT POLICY

The Site offers the option for you to leave comments, engaging with the Site’s posts.  The following types of comments will not be tolerated and will be deleted:

Company’s sole discretion will be used to determine if a comment is in violation of this comment policy.  Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

TAKEDOWN REQUESTS

From time to time, the Site will publish posts with images from other third-party websites.  Any such use is considered fair use under copyright laws and is fully attributed to the owner.  If you believe that your copyrighted work has been used on the Site in a way that constitutes copyright infringement and falls outside of fair use, please send a request to [email protected] and Company will remove the image within 48 hours or sooner.

No Warranties

The Products are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose.  Company makes no representations or warranties in relation to the Products or the information and materials provided therein.

Company makes no warranty the Products will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Products.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, COMPANY WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S SOLE LIABILITY UNDER THESE TERMS IS THE PURCHASE PRICE PAID FOR ANY PRODUCT, IF APPLICABLE.

Indemnity

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

Miscellaneous

These Terms will be governed and construed in accordance with the laws of the State of Washington.  Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The place of any such arbitration shall be in or near Clark County, Washington.  The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

If any provision(s) of the Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable.  If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.  The Terms may not be assigned by you without Company's prior written consent; however, the Terms may be assigned by Company in its sole discretion.  These Terms are the final, complete and exclusive agreement of the parties with respect to your use of the Site and the Products.  Company reserves the right to amend, alter, or modify the Terms at any time.  All notices with respect to the Terms must be in writing and may be sent via email to [email protected].