[[ Terms & Conditions ]]
Effective date: [[ February 18, 2025 ]]
These Terms and Conditions ("Terms") govern your use of `www.InnateWisdomCourses.com` (the "Site"), an e-commerce website owned and operated by Dan Fleishman ("we," "us," or "our"). Dan Fleishman is located at 35876 Winchester Road, Unit 300-103, Winchester, CA 92596, USA, and can be contacted at `(888) 281-0841` or `drdan@innatewisdomcourses.com`.
By accessing or using our Site, including purchasing products or services (e.g., webinars, courses), you agree to be bound by these Terms. If you do not agree, please do not use our Site.
**NOTICE: THESE TERMS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.**
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## 1. Acceptance of Terms
By using our Site, you confirm that you have read, understood, and agree to abide by these Terms at all times. These Terms apply to all users, including visitors, account holders, and customers. If you are using the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
We may update these Terms periodically to comply with legal requirements or reflect changes in our operations. We will notify you of significant changes via email, a notice on our Site, or other reasonable methods. Your continued use of the Site after such updates constitutes acceptance of the revised Terms.
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## 2. Intellectual Property
All content published and made available on our Site, including but not limited to images, text, logos, documents, downloadable files, videos, webinars, course materials, and any other materials (collectively, "Content"), is the exclusive property of Dan Fleishman and/or our licensors. This Content is protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use our Content without our prior written consent, except as permitted for personal, non-commercial use or as explicitly allowed under these Terms (e.g., accessing purchased courses). Any unauthorized use may violate intellectual property laws and result in legal action.
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## 3. Accounts
To access certain features of our Site (e.g., purchasing courses, registering for webinars), you may need to create an account. By creating an account, you agree to:
1. **Account Responsibility:** You are solely responsible for maintaining the security and confidentiality of your account, including passwords and sensitive information. You must notify us immediately at `drdan@innatewisdomcourses.com` if you suspect unauthorized access or use of your account.
2. **Accuracy of Information:** All personal information you provide (e.g., name, email, payment details) must be accurate, current, and complete. You agree to update this information promptly if it changes.
3. **Prohibited Use:** You may not use your account for illegal, fraudulent, or unauthorized purposes, or in violation of these Terms.
We reserve the right to suspend or terminate your account at our discretion if we suspect illegal activity, a breach of these Terms, or for any other reason, with or without notice. Upon termination, you may lose access to purchased content, but we will refund any unused, pre-paid fees on a pro-rata basis, subject to applicable laws.
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## 4. Purchases and Services
Our Site offers educational products and services, including webinars, courses, and related materials (collectively, "Services"). By purchasing or accessing our Services, you agree to:
- **Payment:** Pay all fees as specified on the Site, including any applicable taxes. Payments are processed via third-party providers (e.g., credit card processors), and you agree to their terms. Refunds are subject to our Refund Policy (see Section 9).
- **License to Use:** You receive a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. You may not share, resell, or distribute the Services without our consent.
- **Availability:** We strive to make Services available, but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue Services at any time without liability.
- **Educational Purpose Only:** Our Services are for educational purposes only and are not a substitute for professional medical advice. You must consult a licensed healthcare provider before making health-related decisions based on our content (see our Privacy Policy and Disclaimer for details).
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## 5. Limitation of Liability
To the fullest extent permitted by law, Dan Fleishman, and our directors, officers, agents, employees, subsidiaries, and affiliates, will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, data, use, or other intangible losses, arising out of or related to:
- Your use of or inability to use the Site or Services;
- Any errors, omissions, or inaccuracies in the Content;
- Unauthorized access to or alteration of your data; or
- Any actions or claims by third parties.
This limitation applies whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory, except where prohibited by law.
Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so this limitation may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.
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## 6. Indemnity
Except where prohibited by law, you agree to indemnify, defend, and hold harmless Dan Fleishman, and our directors, officers, agents, employees, subsidiaries, and affiliates, from any actions, claims, losses, damages, liabilities, and expenses, including reasonable legal fees, arising out of or related to:
- Your use of our Site or Services;
- Your violation of these Terms;
- Your infringement of any third-party rights (e.g., intellectual property, privacy); or
- Any content you submit or share through the Site.
We reserve the right to assume control of the defense and settlement of any claim subject to indemnification, and you agree to cooperate with us in such efforts.
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## 7. Applicable Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of laws principles. However, if you are located outside the U.S., we will also consider the laws of your jurisdiction to the extent required by applicable law (e.g., GDPR for EU users, CCPA for California residents).
Any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be exclusively brought in the state or federal courts located in Riverside County, California, USA, unless prohibited by law. You consent to the personal jurisdiction of these courts and waive any objection to venue or inconvenience.
For users in the EU, UK, or other jurisdictions with mandatory consumer protection laws, you may also have the right to bring claims in your local courts under applicable law.
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## 8. Dispute Resolution
Subject to the exceptions below, if you and Dan Fleishman are unable to resolve any dispute through informal discussion within 30 days, you agree to the following dispute resolution process:
1. **Mediation:** The dispute will first be submitted to non-binding mediation before a neutral mediator mutually acceptable to both parties. Mediation will occur virtually or in Riverside County, California, USA, unless otherwise agreed. Each party will bear its own costs, and mediation fees will be split equally unless otherwise determined.
2. **Arbitration:** If mediation fails, the dispute will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted virtually or in Riverside County, California, USA, by a single arbitrator mutually acceptable to both parties. The arbitrator’s decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.
**Exceptions:** Notwithstanding the above, you and Dan Fleishman retain the right to:
- Bring an action in small claims court if the claim qualifies;
- Seek injunctive relief or other equitable remedies in a court of competent jurisdiction for intellectual property infringement or unauthorized use of the Site; or
- Pursue legal action as required by mandatory consumer protection laws in your jurisdiction (e.g., GDPR, CCPA).
**Costs:** The unsuccessful party in mediation or arbitration will generally bear the costs, including mediator/arbitrator fees and reasonable attorney’s fees, unless otherwise determined by the mediator, arbitrator, or applicable law.
This dispute resolution clause does not limit your statutory rights under applicable laws, including the right to lodge complaints with data protection authorities (e.g., GDPR supervisory authorities) or consumer protection agencies.
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## 9. Refund Policy
We aim to provide high-quality Services, but refunds are subject to the following:
- **Webinars and Courses:** Refunds may be requested within 7 days of purchase if you have not accessed more than 10% of the content, provided you contact us at `drdan@innatewisdomcourses.com`. Beyond this period, refunds are not available unless required by law.
- **Technical Issues:** If you experience technical difficulties preventing access to purchased Services, contact us within 48 hours, and we will attempt to resolve the issue or provide a refund or replacement, at our discretion.
- **Exceptions:** Refunds are not available for promotional discounts, bonuses, or free resources unless otherwise stated.
All refund requests are subject to review and approval by Dan Fleischman. We may require documentation (e.g., proof of purchase, access logs) to process requests.
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## 10. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision will be deemed void and severed from these Terms. The remaining provisions will remain in full force and effect and will be interpreted to give effect to the parties’ intentions.
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## 11. Termination
We may terminate or suspend your access to the Site or Services, with or without notice, if you violate these Terms, engage in illegal activity, or for any other reason at our discretion. Upon termination, all licenses and rights granted to you will immediately cease, and you must discontinue use of the Site and Services. Sections 5 (Limitation of Liability), 6 (Indemnity), 7 (Applicable Law and Jurisdiction), 8 (Dispute Resolution), and 10 (Severability) will survive termination.
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## 12. Changes to These Terms
We may amend these Terms at any time to comply with legal requirements or reflect changes in our operations. Updates will be indicated by revising the “Last Updated” date. We will notify you of significant changes via email, a notice on our Site, or other reasonable methods. Your continued use of the Site after such updates constitutes acceptance of the revised Terms.
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## 13. Electronic Communications
By using our Site, you consent to receive electronic communications from us, including emails, notifications, and updates related to your account, purchases, or Services. You may opt out of marketing communications by following the unsubscribe instructions in our emails or updating your account settings.
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## 14. Third-Party Links
Our Site may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of these third parties. Your use of third-party links is at your own risk, and you should review their terms and policies before engaging with them.
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## 15. Prohibited Uses
You agree not to use the Site or Services for any unlawful or prohibited purpose, including but not limited to:
- Violating any applicable laws or regulations;
- Infringing on intellectual property, privacy, or other rights;
- Attempting to gain unauthorized access to our systems or accounts;
- Transmitting viruses, malware, or other harmful code; or
- Engaging in spamming, phishing, or other deceptive practices.
We may monitor usage and take action (e.g., account suspension, legal action) if we detect prohibited activity.
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## 16. Contact Details
If you have any questions, concerns, or complaints about these Terms, please contact us at:
- **Phone:** `(888) 281-0841`
- **Email:** `drdan@innatewisdomcourses.com`
- **Address:** 35876 Winchester Road, Unit 300-103, Winchester, CA 92596, USA
- **Feedback Form:** Available on our Site under the “Contact” section.
