CoCreate Work Terms of Service 

Effective date: March 01, 2019

Welcome to CoCreate Work, an online course designed for leaders and founders who want to build successful teams that align with the long-term vision of their business.  This program is available through CoCreate’s Kajabi online center (“Center”) and contains proprietary content developed and curated by us (collectively “CoCreate Content”). The Center is owned and operated by CoCreate Work, LLC (“CoCreate Work,” “CoCreate,” “We,” “us.” or “our,”). 

Please read these Terms of Use (“Terms”) carefully because they govern your use of this Center and access to the CoCreate Content and related services. If you have any questions, please contact us at [email protected]. 

 

Agreement to Terms

By accessing or using our Services, you agree to be bound by these Terms. We may update these Terms and our Services at any time, in our sole discretion. If we do so, we will post a notice on the site. It’s important that you review the Terms whenever we modify them because continuing to use the Services indicates to us that you agree to be bound by the modified Terms. 

 

Privacy policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms, and is available at www.cocreatework.com 

 

Payments & Refunds

In order to gain access to any CoCreate course, users must incur a one-time, nonrefundable payment at the price set on the Site for the specific course. Payments will be processed using a third-party payment processor selected by CoCreate, and we are not liable for any errors, fees, or service-related issues that may arise related to processing payments. Due to the nature of online courses and intellectual property, we do not offer refunds for these products. 

 

Intellectual Property

License, Copyright & User Communication

As a Member of the Center, you are hereby granted a nonexclusive, nontransferable, revocable license to use the center and the Content only for professional development use. This Center and its Contents are not available to you to exploit for commercial purposes. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. 

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Center is protected by all applicable copyrights, trademarks, service marks, patents or other proprietary right laws.

You are responsible for your own communications on and through the Site and Services, and are responsible for the consequences of your postings. 

We want you to engage with us, however, we ask that you do not do any of the following: 

  1. Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it
  2. Post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others
  3. Post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity;
  4. Post a sexually-explicit image; post advertisements or solicitations of business; 
  5. Or post chain letters or pyramid schemes; or impersonate another person.

Please note that the Site does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users of our website will be at your own risk.

We reserve the right, but not the obligation, to monitor or screen communications transmitted on or through the Site and Services. If we observe or are notified by a user of communications, which allegedly do not conform to this agreement, we reserve the right to take appropriate action, which may result in any or no action.  We reserve the right to determine whether to remove or request the removal of the communication, in our sole discretion. 

 

No Guarantees

You agree, acknowledge, and accept that the information contained on and through the Site and any social media pages are for educational purposes only; that CoCreate makes no revenue, successful business or hiring, or income guarantees tied to this or any of our programs; and that CoCreate Content is a professional resource to support you in you business endeavors.

 

Third-Party Resources

The Site and any affiliated social media pages may contain links to or advertisements of third-party websites (that are not affiliated with us) or resources, such as the books we’re currently reading. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on the Site. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources. 

 

Indemnity

You agree to defend, indemnify and hold harmless CoCreate, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that content that originates from you caused damage to any third party. This section shall survive these Terms and your use and termination of the Services.

 

Termination

We may terminate your access to and use of the Center and account, at our sole discretion. Upon any termination, discontinuation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

 

Warranty Disclaimers

The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. 

 

Limitation of Liability

NEITHER COCREATE WORK NOR ANY OTHER party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS or from the use OF or inability to use the SERVICES or CONTENT, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not COCREATE WORK has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

In no event will COCREATE’S total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the SERVICES or content EXCEED the AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION. 

 

Dispute Resolution

We prefer to resolve things amicably, when possible. Therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to [email protected].

    1. Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;
    2. Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by JAMS, to resolve the dispute.
    3. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
 
Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between us.  These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. 

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us by posting a notice on the Site. 

Our decision not to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CoCreate Work. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

Questions & Contact Information

If you have any questions regarding these Terms, please email us at [email protected]