Terms of Use

Agnese Rudzate welcomes you to access and use her Website.

By accessing this Website, you are indicating your acknowledgment and acceptance of these Terms of Use. These Terms of Use are subject to change by Agnese Rudzate at any time in her discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly.

By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use. If you do not agree to any of these terms, then please do not use the Website.

Guidelines in use of this site

By accessing and using the Website, you agree to comply with these guidelines and all applicable laws in your use of the Website and will not use the Website for any unlawful purpose.

You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Content by following these guidelines:

      • You will not interfere with attempt to interrupt the proper operation of the Website through the use of any virus, worms and/or Trojan horses or any other computer code, files or programs, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
      • You will not cover, obscure, block, or in any way interfere with any advertisements and safety features on the Website;
      • You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without Agnese Rudzate’s express written permission; however, Agnese Rudzate grants the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
      • You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties;
      • You will not destroy or limit the functionality of any computer software or hardware or telecommunications;
      • You will not spam or use the Website to engage in any commercial activities;
      • You will not access or use the Website to collect any market research for a competing business;
      • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
      • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
      • You will let us know about inappropriate content of which you become aware. If you find something that violates these Guidelines, please send this information to hello@gneserudzate.com to review it.

Indemnification

You will indemnify and hold Agnese Rudzate, her subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (further known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. You will not upload, post, email, transmit, or otherwise make available any content that:

      • you do not have the right to post, including proprietary material of any third party;
      • advocates illegal activity or discusses an intent to commit an illegal act;
      • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity;
      • discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information;
      • threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening or offensive;
      • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
      • infringes any intellectual property or other rights of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
      • violates any law or may be considered to violate any law;
      • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
      • advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, soliciting goods or services) except as may be specifically authorized on this site;
      • solicits funds, advertisers or sponsors;
      • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users can type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
      • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
      • contains hyper-links to other sites that contain content that falls within the descriptions above.

Although under no obligation to do so, Agnese Rudzate reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Agnese Rudzate nor any third party that provides Content to Agnese Rudzate will assume or have any liability for any action or inaction by Agnese Rudzate or such third party with respect to any Submission.

You, and not Agnese Rudzate, are entirely responsible for all your content that you upload, post, email or otherwise transmit via the Website.

Restrictions

This Website is provided solely for non-commercial, personal use, and so that you may learn about Agnese Rudzate and the services she provides. You may not use this Website for any other purpose, including any commercial purpose, without express prior written consent. You may co-brand this Website, or frame this Website, or hyperlink to this Website, without the express prior written permission of Agnese Rudzate. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or Content accessible within this Website. You agree to cooperate with Agnese Rudzate in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

By using this Website, you are agreeing that you are over the age of 18. Agnese Rudzate understands and are committed to respecting the sensitive nature of children’s privacy online. If she is given notice or have reason to suspect that a Website user is under the age of 18, she will timely delete any Personal Information in that user’s account.

Intellectual Property

The Website contains material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by Agnese Rudzate. The Content may be owned by her or third parties. The Content is protected under your local and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly available Content for their own personal, non-commercial use. Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. You have no other rights in or to the Content, and you will not use the Content except as permitted under these Terms of Use. No other use is permitted without the prior written consent of Agnese Rudzate. Agnese Rudzate retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Terms of Use, your permission to access and use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other relevant laws and may not be copied or imitated in whole or in part, by any means, including the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

Agnese Rudzate respects the intellectual property rights of others and attempts to comply with all relevant laws. She will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide notice in accordance with the requirements of the Act, including a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; a description of the location of the original or an authorized copy of the copyrighted work; your address, telephone number and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; a statement by you, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Proprietary Information

– Trademarks. The material and Content accessible from this Website, and any other World Wide Web site owned, operated, licensed, or controlled by Agnese Rudzate is the proprietary information of Agnese Rudzate or the party that provided the Content to Agnese Rudzate. Agnese Rudzate or the party that provided the Content to Agnese Rudzate retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Agnese Rudzate, or unless authorized in writing elsewhere on the Website, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the Website without the express written permission of Agnese Rudzate.

The trademarks, service marks, and logos of Agnese Rudzate used and displayed on the Website are registered and unregistered trademarks or service marks of Agnese Rudzate. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Agnese Rudzate in writing. All goodwill generated from the use of Agnese Rudzate Trademarks inures to our benefit.

– Copyrights. This Website and its Content are protected by copyright laws and belong to Agnese Rudzate or her partners, affiliates, contributors or third parties. The copyrights for the Content are owned by Agnese Rudzate or other copyright owners who have authorized their use on this Website. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Website as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Agnese Rudzate, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.

Fees and Payment

As consideration for any purchase you make on the Websites, you shall pay Agnese Rudzate all applicable fees and taxes. Agnese Rudzate (or her third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen. You hereby authorize Agnese Rudzate to obtain or determine updated or replacement expiration dates for your credit card if the credit card you provided expires. Agnese Rudzate reserves the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

Charges from this Website will appear as Agnese Rudzate on your credit card statement. When you are purchasing from this site you agree to be billed either as a one-off transaction, or recurring subscription, depending on the product you have purchased.

All transactions are processed via a third party PCI Compliant provider. 

Upon purchase, you will receive an email with a link to a direct download for your product or access to the members area.

Communications with Agnese Rudzate

Although Agnese Rudzate encourages you to email her, she does not want you to, and you should not, email her any content that contains confidential information. With respect to all emails and communications you send to her, including, feedback, questions, comments, suggestions, she shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

Hyper-links

This Website may be hyper-linked to other websites which are not maintained by, or related to, Agnese Rudzate. These links are provided solely as a convenience to you and not as an endorsement by Agnese Rudzate of the content on such External Websites. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by Agnese Rudzate of that website. Hyper-links to such wensites are provided as a service to users and are not sponsored by or affiliated with this Website or Agnese Rudzate. Agnese Rudzate has not reviewed any or all of such websites and is not responsible for the content of those websites. Agnese Rudzate also makes no representations about the availability of hyper-linked websites. Hyper-links are to be accessed at the user’s own risk, and Agnese Rudzate makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the website hyper-linked to this Website. If you hyperlink to a website, please be aware that you will leave Agnese Rudzate’s Website and will become subject to the rules and conditions of the linked site. Agnese Rudzate recommends that you make yourself aware of the Terms of Use of any websites you link to from Agnese Rudzate’s Website. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

Submissions

You hereby grant to Agnese Rudzate the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Agnese Rudzate through this Website (further known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Agnese Rudzate will not be required to treat any Submission as confidential and may use any Submission without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future Agnese Rudzate operations. By making a Submission, you are guaranteeing to her that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Agnese Rudzate will treat any personal information that you submit through this Website in accordance with its Privacy Policy as set forth on this Website.

Downloading Materials

You understand that Agnese Rudzate cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. Agnese Rudzate does not assume any responsibility or risk for your use of the Internet.

No Warranties; Limitation Of Liability

Agnese Rudzate makes no express or implied warranties, representations or endorsements whatsoever with respect to the Website, the service or the content. Agnese Rudzate expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Website, the service, the content, and any product or service furnished or to be furnished via the Website. Agnese Rudzate does not warrant that the functions performed by the Website or the service will be uninterrupted, timely, secure or error-free, or that defects in the Website or the service will be corrected. Agnese Rudzate does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. Agnese Rudzate does not warrant that the Website is free of computer viruses or similar contamination or destructive features. The Website, the service, and the content are provided on an “as is” and “as available” basis.

Agnese Rudzate, her subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Agnese Rudzate has been advised of the possibility of such damages. Agnese Rudzate disclaims all warranties, including, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade. In connection with any warranty, contract, or common law tort claims: Agnese Rudzate and her licensors shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to access and use the Websites or the content, even if she has been advised of the possibility of such damages and any direct damages that you may suffer as a result of your use of the Websites or the content shall be limited to the fees you have paid her in connection with any purchases you have made from her during the three months immediately preceding the events giving rise to the claim.

The Website may contain technical inaccuracies or typographical errors or omissions. Unless required by applicable laws, Agnese Rudzate is not responsible for any such typographical, technical, or pricing errors listed on the Websites. The Website may contain information on certain products and services, not all of which are available in every location. A reference to a product or service on the Website does not imply that such product or service is or will be available in your location. Agnese Rudzate reserves the right to make changes, corrections and improvements to the Website at any time without notice.

Termination of the Agreement

Agnese Rudzate reserves the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. The following sections shall survive any termination of this Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property”, “Communications with Agnese Rudzate”, “No Warranties; Limitation of Liability”, “Indemnification”, “Termination of the Agreement”, “Class Action Waiver”, “Equitable Relief” and “Miscellaneous”.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between Agnese Rudzate and you individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other; there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against Agnese Rudzate only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of Agnese Rudzate’s intellectual property rights and confidential and proprietary information by you, she will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. She may, without waiving any other remedies under this Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect her rights and property pending the outcome of the arbitration referenced above.

Miscellaneous

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain. Agnese Rudzate may revise these Terms of Use at any time by updating this posting.

Agnese Rudzate’s failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Agnese Rudzate and you in writing, this Agreement constitutes the entire Agreement between you and her with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

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