Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE CONTENT
1. Contractual Relationship. These Terms and Conditions (“Terms”) are a legally binding agreement between you and Coneflower Consulting LLC (referred to herein as “Coneflower”, “we”, “our”, or “us”). These Terms govern your access and use of Coneflower’s websites, mobile applications, online courses, videos, resources, materials, and other content (“Content”). Your access and use of the Content is conditioned upon your acceptance of the Terms. By signing below, you are voluntarily accepting the Terms and agreeing to be bound by the Terms.
2. Access to the Content. In order to access the Content, you must complete a registration process and maintain an active account with Coneflower (“Account”). You will be required to create a login name and password for your Account. You understand and acknowledge that: (a) you must provide and maintain true, current, complete, and accurate information for your Account; (b) you are prohibited from using another person’s Account to access the Content; (c) you are prohibited from allowing another person to use your Account to access the Content; (d) you are responsible for any and all purchases and activity associated with your Account; and (e) you are responsible for maintaining the confidentiality and security of your login name and password. If you discover any unauthorized use of your Account or any breach of security associated with your Account, you must immediately notify us of such use and/or breach.
3. Charges and Payment. Coneflower, in our sole discretion, reserves the right from time to time to establish, increase, discount, and/or modify the charges for the Content (“Charges”). You agree to pay Coneflower all applicable Charges for the Content in advance. All Charges paid by you are final and non-refundable, unless otherwise determined by us.
4. Content Ownership and Copyright License. The Content and all rights therein are the property of Coneflower. We reserve the right to change, modify, supplement, discontinue, and/or remove the Content or any portion thereof from time to time in our sole discretion. Upon payment of the applicable Charges, Coneflower hereby grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the applicable Content in accordance with these Terms. Coneflower may revoke your license at any time in our sole discretion. With the exception of the foregoing license, no other rights, title, or interest to the Content or any of Coneflower’s tradenames, trademarks, service marks, or logos shall be granted or transferred to you under these Terms.
5. Conduct Standards. In connection with accessing or using your Account and/or the Content, you shall not threaten, intimidate, discriminate against, harass, harm, or otherwise mistreat any other users of the Content. You shall not access or use the Content in any manner that could interfere with, disrupt, damage, or disable the Content and/or our ability to deliver the Content. You shall not access or use the Content in any manner that infringes upon or violates the intellectual property rights of Coneflower or any other party. In addition, you agree to comply with all applicable laws, statutes, regulations, ordinances, and orders in connection with accessing and using your Account and/or the Content. You shall not assist any person in violating the conduct standards from this paragraph, and you shall not permit any person to violate these conduct standards either.
6. Termination. You may terminate your Account and your use of the Content at any time. Coneflower, in our sole discretion, may immediately suspend and/or terminate your Account and your use of the Content if you breach these Terms. Coneflower, in our sole discretion, may also immediately terminate your Account and your use of the Content based on business necessity. Upon termination of your Account, all of your rights and your license to access and use the Content shall immediately cease.
7. Changes to the Terms. Coneflower, in our sole discretion, may change the Terms from time to time. In the event of any such changes, you may be asked to accept the updated Terms, and your access and use of the Content will be conditioned upon your acceptance of the updated Terms.
8. Force Majeure. To the fullest extent permitted by law, we shall be excused from our performance or obligations under these Terms due to causes beyond our reasonable control, including without limitation, any acts of God, acts of nature, fire, explosion, or other casualties; any law, order, regulation, direction, action, or request of the government, including federal, state, and local governments; and any national emergencies.
9. Warranty Disclaimers. THE CONTENT IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND, EXCEPT AS OTHERWISE STATED HEREIN, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT ALLOWED BY LAW, CONEFLOWER HEREBY DISCLAIMS WITH RESPECT TO THE CONTENT ANY AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limitations of Liability. CONEFLOWER SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS, ERRORS, OR OMISSIONS IN CONNECTION WITH YOUR ACCOUNT AND/OR YOUR USE OF THE CONTENT. TO THE EXTENT ALLOWED BY LAW, CONEFLOWER SHALL NOT BE LIABLE FOR ANY LOSS OF PROFIT, INTERRUPTION OF BUSINESS OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES SUFFERED OR SUSTAINED BY YOU IN CONNECTION WITH THE CONTENT OR THESE TERMS. TO THE EXTENT ALLOWED BY LAW, CONEFLOWER’S TOTAL LIABILITY TO YOU FOR DAMAGES, COSTS, OR LOSSES SHALL NOT EXCEED THE CHARGES PAID BY YOU TO CONEFLOWER FOR THE CONTENT.
11. Indemnification. You agree to defend, indemnify, and hold harmless Coneflower, and our members, directors, officers, employees, and agents, from and against any demand, claim, loss, injury, cost, liability, damage, or attorney’s fees arising out of or caused by any act or omission by you in connection with these Terms, your Account, and/or the Content.
12. General Provisions. These Terms constitute the entire agreement of the parties hereto and supersedes and renders null and void all prior and contemporaneous agreements between the parties hereto with respect to the subject matter hereof. You may not assign these Terms or the licensed granted herein without our prior written consent. It is intended that each section of the Terms shall be viewed as separate and divisible, and in the event that any section shall be held to be invalid, the remaining sections shall continue to be in full force and effect. These Terms and their validity, construction and performance shall be governed by the laws of the State of Kansas. Moreover, venue is proper exclusively in the District Court of Douglas County, Kansas and any actions which relate to or arise from these Terms shall only be filed in the District Court of Douglas County, Kansas.
Acceptance of Terms and Conditions
I have read these Terms and Conditions, understand their contents, and voluntarily agree to be bound by them.