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Terms of Use

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Introduction

Welcome to the Experience Empowered, LLC platform. By accessing or using our services, you, the User, agree to be bound by these Terms of Use. These Terms govern your access to and use of the Experience Empowered, LLC platform, including any content, functionality, and services offered on or through the platform, whether as a guest or a registered user.

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Please read the Terms of Use carefully before you start to use the platform. By using the platform, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the platform.

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This platform is offered and available to users who are 18 years of age or older. By using this platform, you represent and warrant that you are of legal age to form a binding contract with Experience Empowered, LLC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the platform.

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Acceptance of Terms

By accessing or using the services provided by Experience Empowered, LLC ("Service Provider"), you ("User") agree to be bound by these Terms of Use. If you do not agree to these terms, do not access or use the services. These Terms of Use constitute a legally binding agreement between you and the Service Provider, subject to the laws of Arizona. Your use of the services indicates your acceptance of these Terms of Use and any amendments or modifications thereto that may be published from time to time by the Service Provider.

Description of Service

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The service provided by Experience Empowered, LLC ("Service Provider") under these Terms of Use consists of an online platform designed to empower users by providing them with tools, resources, and content focused on personal and professional development. The platform may offer various features, including but not limited to, articles, videos, tutorials, webinars, and interactive tools, aimed at enhancing the skills, knowledge, and well-being of the users ("Service").

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The Service is accessible via the Service Provider's website and may require users to create an account to access certain features or content. The Service Provider reserves the right to modify, suspend, or discontinue any aspect of the Service at any time without notice.

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User Accounts and Registration

To access certain features of the Service, you may be required to register for an account. By creating an account, you agree to:

  • Provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Service ("Registration Data");

  • Maintain the security of your password and identification;

  • Maintain and promptly update the Registration Data, and any other information you provide to the Service, to keep it accurate, current, and complete;

  • Accept all risks of unauthorized access to the Registration Data and any other information you provide to the Service.

You are responsible for all activities that occur under your account. Experience Empowered, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

User Conduct

In using the Service, you agree to not engage in any activity that, as determined by Experience Empowered, LLC in its sole discretion, violates any applicable federal, state, local, or international law or regulation, including, but not limited to, copyright and trademark laws. Furthermore, you shall not:

  • Use the Service for any unlawful purpose or for the promotion of illegal activities.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

  • Use the Service to send, knowingly receive, upload, download, use, or re-use any material which does not comply with the content standards set out in our Terms of Use.

  • Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures.

  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Experience Empowered, LLC or users of the Service or expose them to liability.

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Failure to comply with the above may result in immediate termination of your access to the Service, without prejudice to any other rights or remedies available to Experience Empowered, LLC.

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Intellectual Property Rights

Experience Empowered, LLC ("we," "us," or "our") owns all rights, title, and interest in and to the Service, including, without limitation, all intellectual property rights therein. These rights are protected by U.S. and international intellectual property laws and treaties. The Service includes, but is not limited to, all software, technology, designs, characters, images, photographs, animations, videos, music, and text incorporated into the Service, as well as all related documentation and all updates, enhancements, modifications, and fixes thereto.

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Your use of the Service does not grant you ownership of any content, code, data, or materials you may access on or through the Service. Except as expressly authorized by us in writing, you may not use, alter, copy, distribute, transmit, or derive another work from any content obtained from the Service or the Service itself. All rights not expressly granted to you are reserved by us and our licensors.

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You agree to respect the intellectual property rights of others while using the Service. You may not upload, download, display, perform, transmit, or distribute any information or content in violation of another party's intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of any infringing material on the Service, you are encouraged to notify us in accordance with our Copyright Infringement Policy.

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Disclaimer of Warranties

EXPERIENCE EMPOWERED, LLC ("we", "us", or "our") DOES NOT PROMISE THAT THE SERVICE OR ANY CONTENT, SERVICE OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

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Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXPERIENCE EMPOWERED, LLC OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXPERIENCE EMPOWERED, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

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This limitation of liability clause shall survive the termination or expiration of the Terms of Use.

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Indemnification

You (herein referred to as "User") agree to indemnify, defend, and hold harmless Experience Empowered, LLC (herein referred to as "Service Provider"), its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of the Terms of Use (including negligent or wrongful conduct) by you or any other person accessing the Service using your Internet account.

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This indemnification obligation will survive the termination of your account or use of the Service and the Terms of Use.

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Termination

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This Termination clause applies to Users of the Service under the jurisdiction of Arizona. The Service Provider may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Such termination may include, but is not limited to, removal of access to the Service, deletion of your Registration Data, and barring of further use of the Service.

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Users may terminate their use of the Service at any time by ceasing all use of the Service. However, any obligations and liabilities that have accrued prior to the effective date of termination shall survive the termination of this agreement for all purposes.

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The Service Provider reserves the right to discontinue or modify any aspect of the Service at any time, including, but not limited to, content, features, and hours of availability, without notice or liability.

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Governing Law

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This Agreement and any action related thereto shall be governed by the laws of the State of Arizona without regard to its conflict of laws provisions. The parties expressly agree to submit to the exclusive jurisdiction of the courts located within the State of Arizona for the resolution of any disputes arising out of or in connection with this Agreement or the Service. By using the Service, the User consents to the jurisdiction of and venue in such courts and waives any objection as to inconvenient forum.

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Dispute Resolution

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This Dispute Resolution clause applies to any disputes arising out of or related to the Terms of Use or the Service, between the User and the Service Provider. By agreeing to the Terms of Use, both parties agree to first attempt to resolve any dispute informally by contacting the other party directly. If the dispute cannot be resolved informally within a period of sixty (60) days from the date of the initial notification of the dispute, then either party may initiate binding arbitration as the sole and exclusive means to resolve disputes, except as provided below.

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All disputes shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Arizona, United States, and shall be conducted in the English language. Each party shall bear its own costs and fees associated with the arbitration, unless the arbitrator(s) decide otherwise based on the merits of the case.

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Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Furthermore, disputes related to the infringement or validity of a party's intellectual property rights are not subject to arbitration under this clause.

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Changes to Terms of Use

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The Service Provider reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, as determined solely by the Service Provider, we will try 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 Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

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Contact Information

If you have any questions or concerns regarding these Terms of Use or the Service, you may contact the Service Provider at the following address:

Please include your name, address, and any other relevant contact information in your communication. The Service Provider will endeavor to respond to your inquiries within a reasonable timeframe.

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