Thank you for using the Walker Neville and Associates platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”). Please review the following Terms of Service (herein the “Terms”) carefully.
Your Service Provider
The entity providing the Service is Walker Neville and Associates LLC, a limited liability company established under the laws of Missouri. (referred to herein as “WN and Associates”, “we”, “us”, or “our”).
Applicable Terms
Your use of the Service is subject to these terms which may be updated from time to time (together, this "Agreement"). Any other links or references provided in these Terms are for informational use only and are not part of the Agreement. Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who May Use the Service
The Service is available to individuals or businesses interested in learning our revolutionary marketing techniques. In order to provide individual attention, size is limited and, therefore, enrollment is taken on a first-come, first-served basis. However, we reserve the right to refuse enrollment for any reason not prohibited by law. It is our goal that the Service be available to a diverse user population, and we do not discriminate on the basis of race, color, religion, gender, gender expression, age (except as required by law), national origin, disability, marital status, sexual orientation, or military status.
In order to access the Service an account is required. Each account may only be accessed by a single individual. You may not share your account login credentials with anyone else. If a business or entity is enrolled in the Service, a separate account must be maintained for each individual who will participate in the Service and payments are due per individual. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid e-mail address. If you suspect someone else is using your account, you must report such use to us at walkernevilleandassociates@gmail.com. Sharing of account login credentials and/or unreported use of your account by a third-party are grounds for termination of your access to the Service without refund. Accounts are non-transferable and you may not transfer, sell, or assign your account.
The Service may only be accessed by persons age 18 or older. By accepting these terms you affirm that you are 18 years old or older. We are fully compliant with Children's Online Privacy Protection Rule (16 CFR Part 312) and we do not collecting personal information online from any child under 13 years of age.
Course Access
Upon enrollment, you are granted a non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial use strictly in accordance with these Terms. As a condition of your use of the Service, you warrant to WN and Associates that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
All content included as part of the Service, such as text, graphics, logos, images, video, as well as the compilation thereof, is the property of WN and Associates or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto or unauthorized use thereof. Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or us.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Service. Our Content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WN and Associates and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of WN and Associates or our licensors except as expressly authorized by these Terms. Access to live group coaching calls and 1-on-1 coaching will be provided in accordance with the schedule and course outline provided for each section of the Service. We reserve the right to reschedule the date and time of any live course content. In the event rescheduling is required, we will make efforts to reschedule such content for a date and time in close proximity to the original date and time.
We generally also provide lifetime access to a private group on zenler where replays and program material will be stored. However, such lifetime access is provided at our sole discretion and we reserve the right to revoke any license to access such materials at any point in time where we decide or are obligated to disable access. As such, if you desire to have continuous access to such materials for your own personal educational use in accordance with these Terms it is your responsibility to save copies on your own equipment. We are under no obligation to provide continuing access following completion of your live portion of the Service.
Payment and Pricing
Your continued use of the Service is contingent on our receipt of all payments when due. You authorize us to charge your debit or credit card or process other means of payment for the fees specified in the course description as they come due. You further authorize us to securely store the payment information you provide, including but not limited to debit or credit card numbers and account information until such time as all payments have been made.
Acceptable methods of payment are described in the course description. We reserve the right to change or amend acceptable payment methods at our discretion.
In the event your payment method fails or you otherwise fail to timely make any required payment your account may be disabled and any your access to the Service may be terminated. Such accounts may be reactivated only in our sole discretion.
By enrolling in the Service you expressly agree to make all payments described in the course description, regardless of whether you participate in the Service and/or complete the Service. Non-payment resulting in disabling of your account and/or termination of your access to the Service does not relieve you of your payment obligations under these Terms and all required dues and payments will continue to accrue. Refunds or release from payment obligations are offered only in our sole discretion.
Permissions and Restrictions
The following restrictions apply to your use of the Service. You are not allowed to:
1.access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from WN and Associates and, if applicable, the respective rights holders;
2.circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
3.access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines or (b) with All Hair Academy’s prior written permission;
4.collect or harvest any information that might identify a person (for example, usernames), unless permitted by that person or allowed under section (3) above;
5.use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
6.cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
7.misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
8.use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen from the Service); or
9.use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains content from the Service or where content from the Service is the primary basis for such sales
User Conduct
The Service entails occasional group interaction. You agree to not engage in disruptive behavior that in the judgment of the instructor, impedes other users’ opportunity to learn and which directly and significantly interferes with class objectives. Harassment on the basis of race, color, religion, gender, gender expression, age, national origin, disability, marital status, sexual orientation, military status or any other protected characteristic is also strictly prohibited and will not be tolerated. Under this policy, harassment is verbal, written or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, gender, gender expression, age, national origin, disability, marital status, sexual orientation, military status or any other characteristic protected by law, or that of his or her relatives, friends or associates, and that: a) has the purpose or effect of creating an intimidating, hostile or offensive environment, b) has the purpose or effect of unreasonably interfering with an individual’s participation, or c) otherwise adversely affects an individual’s use of the Service. Harassing conduct includes but is not limited to epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group.
WN and Associates reserves the right to terminate your access to the Service, without refund, for violations of this section.
Your Content
Content means videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you
If you choose to upload Content, you must not submit to the Service any Content that does not comply with these Terms or the law. The Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service.
You retain ownership rights in your Content. However, we do require you to grant certain rights to WN and Associates and other users of the Service, as described below.
By providing Content to the Service, you grant to WN and Associates a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and WN and Associates (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
The licenses granted by you continue for a commercially reasonable period of time.
No Assignment
You may not assign or transfer these Terms (or the rights and license granted under them). Nothing in these Terms confers any right, benefit, or remedy on any third party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us by your use of the Service and/or acceptance of these Terms. Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND WN AND ASSOCIATES DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, WN AND ASSOCIATES, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
1.ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
2.PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
3.ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
4.ANY INTERRUPTION OR CESSATION OF THE SERVICE;
5.ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
6.ANY CONTENT WHETHER SUBMITTED BY A USER OR WN AND ASSOCIATES, INCLUDING YOUR USE OF CONTENT; AND/OR
7.THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
Indemnity
You are responsible for all use of your account. You agree to defend, indemnify and hold harmless WN and Associates, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by WN and Associates. We have no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
Privacy Policy
We may collect and store the following kinds of personal data: (1) Information about your computer and about your use or access to the Service, including your IP address, geographical location, browser type and version; (2) Information that you provide to us for the purposes of subscribing to the Service and our communications, including your name, address, e-mail address, and telephone number; (3) Information that you provide to us when using the Service, or that is generated during the course of using the Service; (4) Information that you post or share on our group platform; (5) Information contained in, or relating to, any communication that you send to us through our website, e-mail, or writing; (6) Information that you provide as part of performing money laundering, financial and credit checks, as well as for fraud and crime detection purposes; (7) Information related to security and access to our systems and Services; (8) Information to help us comply with our legal and regulatory obligations, including reporting to and being audited by regulators and external auditors; (8) Information to help us comply with court orders and to exercise and defend our legal rights; (9) Any other personal information that may be sent to us and which we use for legitimate business purposes.
Before you disclose to us the personal data of another person, you must obtain that person’s consent both to the disclosure and the processing of that personal data in accordance with this privacy notice.
We only disclose your personal data in the ways set out in this privacy policy or subject to any agreements in place between us. The following disclosures are authorized by this privacy policy: (1) Across our existing lines of business, as part of a need to know or as part of improving our existing products and services or as part of providing new solutions and services; (2) To third parties who process data on our behalf, such as systems providers; (3) To third parties who process personal data on their own behalf but provide us, or you, with a service on behalf of us; (4) To third parties for whom information is shared for money laundering checks, credit risk reduction, and other fraud and crime prevention purposes; (5) To any prospective buyer in the event we sell any part of our business, or its assets, or if substantially all of our assets are acquired by a third-party; (6) To any regulator, external auditor or applicable body of court where we are required to do so by law or regulation or as part of any investigation; (7) To any central or local government department and other statutory or public bodies as required by law.
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. WN and Associates will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review them, except that modifications addressing newly available features of the Service or modifications made for legal reasons may be effective immediately without notice. Modifications to this Agreement will only apply going forward. If you do not agree to the modified terms, you should remove any Content you have uploaded and discontinue your use of the Service.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
Termination
Time is of the essence concerning your performance of this Agreement. Any violation of this Agreement or the Terms contained herein by you shall be considered a material breach of the Agreement. In the event of such breach, we may in our sole discretion suspend, disable, and/or terminate your account and your access to the Service. Such action by us shall not relieve your obligation to make all payments due under the Agreement, including payments that have not yet become due on the date of such suspension and/or termination.
Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
Enforcement
In the event we are required to employee lawyers or attorneys to enforce any provision of these Terms or in the event of any litigation arising from or connected with this Agreement we shall be entitled to recover our reasonable attorney fees and costs.
Governing Law
All claims arising out of or relating to these terms or the Service will be governed by Missouri law. You and WN and Associates consent to personal jurisdiction in those courts. You and WN and Associates further consent that venue for any claim or cause of action shall be exclusively in Boone County, Missouri.