These Terms and Conditions govern and apply to your ("you" or "your") access to and use of the Websites and their related domains for which these Terms and Conditions appear or apply, including any order you place for a product or service through any of the Websites and to all products and services we supply, produce, distribute, or market.
We may sell children's products, however we sell them to adults who can purchase with a credit card or other permitted payment method. If you're under 18, you may use the Websites only with the involvement of a parent or guardian. We reserve the right to refuse payment, service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
USE AND PROTECTION OF USERNAME AND PASSWORD
In certain cases you will be assigned a username and password ID to access certain areas of the Websites. Each user who uses such assigned username and password shall be deemed to be authorized by you to access and use the Website. WCC or its partners shall have no obligation to examine or investigate the authorization or source of any such use or access. You agree and acknowledge that you will be solely responsible for all access to and use of the Websites by anyone using the username and password assigned to you whether or not such access to and use of the Websites is actually authorized by you. This includes all communications and transmissions, and all obligations for purchases through the Websites that may result from such access or use.
You are solely responsible for protecting the security and confidentiality of the username and password assigned to you. You shall immediately notify WCC of any unauthorized use of the assigned username and password, or any other breach or threatened breach of the Websites' security of which you are aware. You will be responsible for any activity conducted under your assigned username and password ID.
You must use the Websites only for lawful purposes, and you must not use them in a way that infringes upon the rights of others. In using the Websites, you agree not to disrupt or interfere with the security or otherwise misuse the Websites or any services, resources, accounts, servers, networks connected to or accessible through the Websites or affiliated or linked websites. You agree not to disrupt or interfere with any other user's enjoyment of the Websites or affiliated or linked Websites. In addition, you agree not to upload, download, post, or otherwise transmit through or on the Websites any viruses or other disruptive, harmful or destructive files. You agree not to use a false identify on the Websites and not to share your account information, or allow any person besides yourself to use your account to access the Websites. You agree not to attempt to obtain unauthorized access to the Websites, access the account information of others, not to collect or store personal data about others, not to post any material that is knowingly false, inaccurate, and/or defamatory, threating, abusive, harassing, profane, abusive, obscene, vulgar, hateful, sexually oriented, invasive of a person's privacy, or otherwise violate any law. Furthermore, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or your activities on the Websites. We will not be responsible, or liable to you, or any third party, for the content or accuracy of any materials posted by you or any other user of the Websites. We have the right to remove any material or posting you make on the Websites if we determine in our opinion such material does not comply with the content standards set out in these Terms and Conditions.
WCC Trademarks and Service Marks, and the respective trademarks of other respective owners on the Websites may not be copied, imitated, or used, in whole or in part, without the prior written permission of WCC, the respective owner, or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of WCC, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WCC, or the respective owner. Other names and brands may be claimed as the property of others.
RESTRICTIONS ON USE
All Content contained on the Websites, is our property or the property of our affinity or preferred alliance partners or our licensors or licensees. The compilation of the Content on the Websites is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, trade names, logos, graphics, page headers, icons, or scripts (each, a "Mark") contained on the Websites are proprietary to us or our affinity or preferred alliance partners, or licensors or licensees, (Collectively "Our Marks. "). Our Marks may not be used in any way with any product or service that is not ours in any manner that is likely to cause confusion among users or that denounces or discredits us or anyone else. All other Marks not owned by us that appear on the Websites are the property of their respective owners, who may or may not be affiliated with, or connected to us.
We grant you a limited license to access and make personal use of the Websites. No Content of the Websites may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you, keep together all copyright, trademark and other proprietary rights notices, do not amend, alter, change or modify any of the Content, do not use any Content in a manner that suggests an association with any of our products, services or brands; and do not download Content so as to avoid future downloads from the Websites. Your use of Content on any other website or computer location is strictly prohibited.
The limited license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Websites or any Content; collect and use any product or service listings, descriptions, or prices; make any derivative use of the Websites or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other "hidden text" utilizing any such intellectual property, without our and each applicable owner's express written consent. Any unauthorized use automatically terminates the limited license granted to you hereunder.
COPYRIGHT POLICY AND COPYRIGHT AGENT
It is WCC policy to respect the copyright, trademark, and intellectual property rights of others. WCC may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, WCC may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. If you believe that WCC or any user of our Websites has infringed your copyright in any material way, please notify WCC and provide the following: Please note that this procedure is exclusively for notifying us that your copyrighted material may have been infringed.
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
an identification of the intellectual property right claimed to have been infringed;
an identification of the material that you claim is infringing so that we may locate it on our Websites;
your address, telephone number, and e-mail address
a statement by you that you in good faith believe the disputed use is not authorized by the owner, their licensee, and agent or of the forgoing, or the law,
a statement by you that the above information in your notice is accurate and true, made under penalty of perjury, and that you are the copyright owner or authorized to act on behalf of the owner of the intellectual property interest involved.
Please direct inquiries regarding intellectual property infringement issues by mail to:
Growing Tree Learning Center, Inc.,
dba World Class Coaches
Attn: Copyright Agent
2300 W. Sahara Ave. #800
Las Vegas, NV 89102
The Websites require Internet access to use them. Certain areas of the Websites requires, an audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the "Software "), and, for certain downloadable content, a compatible player device (the "Device"). We may, from time to time, or at any time in our sole discretion, amend, modify, revise, or otherwise change the system requirements for the Websites and the format of any downloadable content, in whole or in part, without notice or liability to you, and you agree to such. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to us, as Internet access, or use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Websites. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Websites may be affected by the performance of your Software, the Device, or your Internet connection.
SUBMISSIONS UPLOADED TO THE WEBSITES
In the event you upload or post reviews, comments, video clips, photographs, send suggestions, questions, communication, ideas, or other information or media to the Websites (Uploaded Content"), we have the exclusive right to use any and all such elements of the Uploaded Content with and/or as part of business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, videos, Websites, websites, radio, television and cinema commercials, in perpetuity throughout the world as we in our sole discretion sees fit without further consent or payment to you or anyone else. We own all interest, right, and title in any and all results as well as to the proceeds from such use of the Uploaded Content. We have the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of our affinity, affiliate, or preferred alliance partners or licensee or licensors. We may edit, alter, or adapt the Uploaded Content and further material created under these Terms and Conditions, and market it entirely by us in our sole discretion. You agree that we are not obligated to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions. Users agree to only post Uploaded Content that is owned by, and features, themselves, and no other third parties, therefore you may upload, post or submit Uploaded Content so long as none are illegal, threatening, defamatory, indecent, lewd, obscene, or invasive of privacy, infringing on intellectual property rights, or otherwise injurious to any party or objectionable and do not consist of or contain any form of 'spam, " mass mailings, commercial solicitation, political campaigning, or software viruses. You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. Although we are not obligated to do so, we reserve the right to alter, edit or remove any such Uploaded Content., but we do not regularly review posted content.
Users please do not send us any Uploaded Content that you do not intend to be subject to the Terms and Conditions above and below. You agree that all Uploaded Content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us intentionally or unintentionally, that we and others as we may designate, shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to you or anyone else. Furthermore, you agree that we and our designees also shall have the right, but not obligated to do so, to use the name that you submit, as well as any other name by which you are or may be known, in connection with the Uploaded Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution limited license. You agree to the User Formed Content License whether or not your User Formed Content is used by us.
You agree that User Formed Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called "moral rights, " "neighboring rights" or similar or analogous rights apply to any User Formed Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the Websites, or post or submit User Formed Content, you agree that the User Formed Content License is ratified and confirmed with respect to such User Formed Content and all User Formed Content previously posted or submitted by you.
When you visit the Websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You hereby agree to indemnify, defend, and hold harmless, WCC, its affinity, affiliate, preferred alliance partners, licensees, licensors, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the "Indemnified Parties"), from any claim, action, demand, loss, or damages, including attorney's fees, made or incurred by you or any third party arising out of or relating to your use of the Websites, or the products or services offered by WCC, or your violation of these Terms and Conditions, or your violation of any rights of a third party.
PRODUCT OR SERVICE INFORMATION
For questions about the products or services offered on the Websites, please use the contact e-mail links found on the product or service page or section. For questions about purchases or orders placed through the Websites or otherwise, please use the e-mail link on the products or service page or section, or by contacting us at email@example.com.
Selected products carry a return policy. Please review the information provided with your product, if applicable, for specific details. Should a product qualify to be returned, you will receive a refund of the purchase price, less any applicable shipping and handling. We will not be responsible for any loss or damage to returned products that occur in transit. If returned products are lost or damaged in transit, we reserve the right to charge you for, or not refund any amounts attributable to such products or loss or damage. Should you experience any difficulty or delay in returning a product and securing the proper refund, please contact us at firstname.lastname@example.org.
PRODUCT AND SERVICE DESCRIPTIONS
We have taken reasonable precaution to seek to ensure that products or service descriptions, prices and other information shown on the Websites are correct and fairly described. However, when ordering products or services through the Websites, please note that WCC reserves the right not to accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect; packaging may vary from that shown on the Websites; any weights, dimensions, and capacities shown on the Websites are approximate only; and all items are subject to availability and whether we may offer you and alternate product(s) or service(s) of equal or higher quality and value. All prices are displayed in United States Dollars unless expressly indicated otherwise.
Please also not that the terms of any product(s) or service(s) offered by WCC and/or purchased by you such as pricing specifications, delivery times, and/or package contents are subject to change by WCC by providing you notice by posting notice of the change on our Websites, or by sending you an e-mail to the address you provided at purchase, or by including a notice in any auto-ship or continuity shipment sent to you which will apply towards subsequent shipments. WCC will not incur any obligation as a result of such change. As a valued customer or client, you are always free to cancel future orders at any time by contacting us at email@example.com. By continuing to accept products after we have notified you of a change to any terms, you will be deemed to have accepted the change.
ORDER AND PAYMENT INFORMATION
If you use the Websites or other means to purchase a product(s) or service(s), payment must be received by WCC prior to WCC acceptance of an order, unless otherwise agreed by WCC. All WCC products or services are subject to sales tax, if applicable, which will be applied to your order total. WCC may need to verify information you provide before WCC accepts an order, and may cancel or limit an order at any time after it has been placed. If payment has already been made and your order is cancelled or limited for any reason, WCC will refund any payment you made for the product(s) or service(s) that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. WCC expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering product(s) and service(s) through the Websites or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to WCC is registered to you. WCC shall have the right to bar your access to and use of the Websites or its other product(s) and service(s) if it has reasonable grounds to believe that you provided untrue, inaccurate, not current, or incomplete information to WCC, or for any reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have the necessary authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required. WCC may reject orders where the stated delivery address is outside the United States, the United Kingdom and Canada. If stated, WCC will add applicable shipping and handling fees. WCC descriptions of, or references to product(s) or service(s) not owned by WCC on and outside of the Websites do not imply endorsement of that product, or constitute a warranty, by WCC.
WCC does not directly sell certain product(s) or service(s) in any jurisdiction other than the United States of America as these product(s) or service(s) may not be approved for sale in other jurisdictions. While WCC may choose to accept orders for the purchase of its product(s) and service(s) from non-residents of the U. S., the acceptance of such orders and the sale of such product(s) and service(s) will only be based on the following conditions precedent: you agree that the purchase of any WCC product(s) and service(s) by you and a non-resident of the U. S. shall be for your own personal use only and not for further resale or distribution in any manner; you hereby expressly authorize and direct WCC to load and ship the purchased product(s) to you to your designated ship to destination, and to contract on your behalf with common carrier or courier company to deliver the product(s) ; and, you are importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from WCC in the U. S. to your foreign ship to destination.
WCC will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order, unless otherwise noted. WCC may provide shipment or delivery timeframes or dates you understand that those are WCC good faith estimates and may be subject to change. Furthermore, you understand that particular product(s) may not be available for immediate delivery, in which case the product(s) will be delivered when they become available. WCC shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. The delivery timeframes for shipments to P. O. Boxes within the United States, or shipments outside the United States may take up to 14-21 days.
With regards to any product(s) or service(s) made available to you by subscription or otherwise on an automatic renewal, monthly or other period sold through the Websites or otherwise, including free trail product(s) or service(s), the default term of the agreement shall be for so long as we make the product(s) and service(s) available to you. If you have provided us with a valid credit card number or an alternate payment method, your subscription will be automatically renewed and charged to your account for another term at the expiration of your current term, when local regulations allow for a fee no greater than your current price, excluding promotional and discount pricing. The new term will be for the same duration as the expired term unless otherwise specified at renewal. The renewal will be processed and your card charged prior to the expiration of the term and each period thereafter. If you do not desire for your subscription to be automatically renewed, shall inform us of your intention not to renew your subscription to the product by e-mailing us at firstname.lastname@example.org prior to the expiration of your subscription.
You must provide your current, complete, and accurate information for billing purposes. You are responsible for ensuring this information is correct and you must promptly update all information to keep your billing account current and accurate with such changes as in credit card number, credit card expiration date, and current billing address, etc. You must promptly notify us at email@example.com if your credit card is cancelled, lost or stolen. We reserve the right to refuse or discontinue the supply of the product(s) or service(s) to any user at any time at our sole discretion.
Certain warranties with respect to particular product(s) or services(s) for sale on or outside the Websites may be applicable through manufactures' warranties, and not through, WCC, or affinity, affiliate, preferred alliance, licensee, or licensors. See the warranties included in the documentation along with the product(s) or service(s) available through or outside the Websites.
DISCLAIMER OF WARRANTIES
You expressly agree that use of the Websites and product(s) and service(s) of WCC, our affinity, affiliate, preferred alliance, licensee, and licensors are at your sole risk. You understand and agree that the Websites and the information, product(s), service(s), and materials available through it and otherwise are provide on an "As-Is" and "As-Available" basis. You acknowledge that WCC does not control in any respect any advertisements, product(s) or service(s) descriptions, product(s) or service(s), or content offered by third parties on or through the Websites, including, but not limited to, information or product(s) or service(s) by license to WCC from third parties except as otherwise agreed in writing. WCC, our affinity, affiliate, preferred alliance, licensee, and licensors assume no responsibility for and make no warranty or representation as to the accuracy, completeness, reliability, or usefulness of content or products, including product and service descriptions distributed or made available by third parties through or outside of the Websites. Nor do WCC, our affinity, affiliate, preferred alliance, licensee, and licensors make any warranty as to the results that may be obtained from use of the Websites, any product(s) or service(s) offered or sold through the websites or its content.
Although WCC strives to prevent the introduction of viruses or other destructive materials to the Websites, WCC does not warrant, guarantee, or make any representations that the Websites is free of destructive materials. In addition, WCC does not warrant that access to the Websites will be uninterrupted, timely, secure, or error-free, or that defects, is any, will be corrected.
WCC disclaims any warranty or representation that confidentiality of information transmitted through the Websites will be maintained. To the extent allowed by law, WCC disclaims all warranties and conditions not explicitly stated herein. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
LIMITATIONS ON LIABILITY
We exclude all representations, warranties, conditions, and terms, whether express or implied by statute, common law or otherwise to the fullest extent permitted by law. In no event, including, without limitation, negligence, shall WCC, our affinity, affiliate, preferred partners, licensees, or licensors be liable for any damage, claims, or losses incurred, including without limitation, incidental, compensatory, indirect, special, consequential, or exemplary damages, however caused, and under any theory of liability arising in connection with the Websites, the use or inability to use the Websites, the use of or reliance on any content or information displayed in or on the Websites, the purchase or use of any product(s) or service(s) through the websites or otherwise, unauthorized access to or alteration or loss of your transmissions or data or other information that is sent or received, errors, system down time, network or system outages, or file corruption or service interruptions, or otherwise under this agreement and Terms and Conditions, whether or not reasonably foreseeable, even if WCC, it representatives, affinity, affiliate, preferred alliance partners, licensees, or licensors are advised of the possibilities of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy.
The Websites and product(s) and service(s) offered within them are not substitutes for the advice and treatment of licensed a trained licensed health care professional. WCC, it representatives, affinity, affiliate, preferred alliance partners, licensees, or licensors do not assume, and shall not have, any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action following the information offered or provided within or through the Websites. If you have a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified professional, such as a licensed psychologist, physician or other health professional. The information provided within is not designed to take the place of seeking the advice of trained professionals in their field. Never disregard the medical advice of a physician, psychologist, or other health professional, or never delay in seeking such advice, because of the information offered or provided within or through the Websites.
Notwithstanding anything to the contrary contained herein, WCC liability to you for any cause of action or claim whatsoever, and regardless of the form of the action will at all times be limited to the amount paid, if any, by you in the last 90-days to WCC for any product(s) or service(s) supplied by WCC through your use of the Websites or otherwise. WCC shall not be liable in any way or amount for failure to perform obligation under these Terms and Conditions if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation, internet outages, communications outages, fire, flood, or war. These exclusions shall be governed by and construed in accordance with the law of the United Stated of America. If any provision of these disclaimers and exclusions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You hereby expressly agree to release and discharge all indemnified parties from and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
The Websites are operated controlled and administered by WCC primarily within the United States of America. WCC makes no representation that materials on the Websites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or product(s) or service(s) available through the Websites are illegal is prohibited. You may not use the Websites or export the content or product(s) or services in violation of U. S. export laws and regulations. If you access the Websites from a location outside the United Stated, you are responsible for compliance with all local laws anywhere in the world.
Growing Tree Learning Center, Inc.,
dba World Class Coaches
2300 W. Sahara Ave. #800
Las Vegas, NV 89102
Only you and WCC shall be entitled to enforce these Terms ad Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
APPLICABLE LAW AND VENUE