Terms & Conditions
Last updated: January 23, 2020
Please read these terms and conditions carefully before using Our Service.
Definitions & Acknowledgements
The following Terms and Conditions are entered into by and between You and RedZero, Inc. (“Company”, “we”, “us” or “our”).
These Terms and Conditions govern your use of and access to our Website (Barbfrazier.com), and all content, functionality, services, documents, courses, downloads, or any information (Service) offered through the Website.
Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service, whether registered or not.
By accessing or using the Website, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. Please read them carefully before using the Website.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and any services provided through the Website.
Age Limitation
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Privacy Policy
Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You access the Website, and tells You about Your privacy rights and how the law protects You. Please read our Privacy Policy carefully before using our Website.
Disclaimer
The content and information provided by the Website is intended for educational purposes only. It is not intended to be used or interpreted as mental health treatment or intervention. By using this Website, you agree to take full responsibility for Your own actions, use of content provided, or need for mental health services or intervention. Please review the Company’s Disclaimer which outlines these policies in full. By accessing the Website, You agree to the Disclaimer which is hereby incorporated into these Terms and Conditions.
User Accounts
When visiting the Website, you will not be asked to provide any personal information. If you decide to access some of the materials or resources offered, you may be asked to provide certain registration information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to the use of any interactive features on the Website, is governed by our Privacy Policy, and You consent to all actions we take with respect to your information consistent with our Privacy Policy.
In some cases you may be provided with a user name and password to set up an account as in the case of purchasing an online course from us. If this occurs, you must treat such information as confidential, and agree not to disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
You may not use as a username or the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no treason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
All content including text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree that you will not publish, transmit, modify, or participate in the sale or resale of in whole or part of the content found on the Website or in any of the resources of downloadable material offered on the Website.
Content is for individual use solely and you will make no other use of the content without the express written permission of the Company and the copyright owner. You may print material for your reference, but any distribution of material requires written permission from the Company.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Your Feedback to Us
We do not own any of the materials you provide to Us whether by feedback, emails, posts, or documents, however, by posting, uploading, inputting, or submitting Feedback and/or Material, you are granting the Company and our affiliated companies, and necessary sub-licensees permission to use Your submissions without limitation including copying, distribution, transmission, and public display.
You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback and Material without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Limitations of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
“As Is” and “As Available” Disclaimer
The Website, including any content or information contained or Service provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The Service is operated, administered and controlled by the Company from our offices within the USA (Country). The laws of the Country shall govern this Terms and Your use of the Service. Your use of the application may also be subject to other local, state, national, or internationals laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents and third parties, harmless from and against any losses, costs, liabilities, damages, claims, and expenses without limitation including reasonable attorneys’ fees relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Arbitration
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. You waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Gainesville, Florida You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Contact Us
We welcome your questions or comments regarding the Terms of Use. You may reach us be writing or emailing as indicated below:
RedZero, Inc.
2631 NW 41st Street
Suite E-1
Gainesville, FL 32606
Email Address: info@barbfrazier.com
Effective as of January 23, 2020