1. BINDING EFFECT. This is a contractual agreement between you and Flynndustries, LLC (“us”, “we”, “Company”) regarding your use of this website (the “Site”) and access to 1 Day Business Breakthrough events (“Service”). Please read it carefully. Your continued use of this site, request to be added to the email list, submission of a voice mail message or purchase of an online passport or ticket to a live event shall constitute your agreement with these terms and conditions.
3. AGE. The Site and Service are intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited.
4. LIVE EVENT ATTENDANCE. A limited number of tickets will be made available to individuals seeking to attend a live event we put on. Said tickets shall be good for a single event as indicated at the time of purchase and shall be subject to the pricing and terms indicated at the time of purchase, which are incorporated herein.
5. ONLINE PASSPORT. You may purchase an online passport for the right to view via the Internet a live event at the price, time and date indicated at the time of purchase, which are incorporated herein. You are solely responsible for providing the necessary equipment and Internet access to facilitate said viewing.
6. REFUNDS. You may request a refund for an online passport purchase at any time prior to event for which you purchased the passport. Refunds for tickets purchased to attend a live event in person are refundable for a period of seven (7) days after the date of purchase or no later than fourteen (14) days prior to the date of the event. We may, however, deviate from this policy upon request in our sole discretion.
7. EJECTION AND CANCELLATION. We reserve the right, without refund of any amount paid, to refuse admission to or eject any person whose conduct we deem disorderly or who uses vulgar or abusive language at a live event.
8. RECORDING AND EXHIBITING. You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
9. LICENSE. You agree not to transmit or aid in transmitting any description, account, picture, video, audio, or other form of reproduction of a live event presented by us. Nothing contained on the Site or Service should be understood as granting you a license to use the name Pat Flynn, the name Chris Ducker, any of the trademarks, service marks, or logos owned by Company or by any third party.
10. USER CONTENT FOR PODCASTS. You have the option of submitting a voice mail or text question for discussion in a Podcast offered for public consumption by us. In submitting said question, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a non-exclusive, royalty free, permanent license to use the question and any supporting materials you submit in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the submitted question and content. You will not be compensated for this. You agree that Company may publish or otherwise disclose your name in connection with your question. By submitting a question to us, you warrant and represent that you own the rights to the question and supporting materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the question and supporting materials.
11. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your identity. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
12. COPYRIGHT – DMCA CLAIMS. We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512, a copyright owner or their agent may submit a DMCA takedown notice to us via our DMCA Agent listed below by submitting the following information:
1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the infringing material to be removed, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you including your name, physical address, email address, phone number and fax number;
5. A statement that you have a good faith belief that the use of the material is unauthorized by the copyright agent; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please send by email for prompt attention. We may share the identity and information in any copyright infringement claim we receive from you with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.
Richard A. Chapo, Esq.
5040 Seachase Way
San Diego, California 92130
Email: [email protected]
14. NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
15. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. YOUR SOLE REMEDY SHOULD LIABILITY BE CLAIMED IS THE AMOUNT OF MONEY YOU PAID US TO ATTENDED, PHYSICALLY OR VIA THE INTERNET, A LIVE EVENT. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
17. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to copy, scrape or otherwise duplicate the content or design of the Site without written authorization.. Any violation of system or network security may subject you to civil and/or criminal liability.
18. AFFILIATED SITES. We mention or link to various websites and services on the Site and in the Service. We provide references to these third parties solely to assist you with locating resources. The mention or linking to said parties does not constitute an endorsement of the sites or their services. We neither guarantee nor warrant these third parties provide accurate information or quality services. Use the services provided at your own risk.
19. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your conduct during a live event, your violation of this agreement, or your infringement of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
20. COPYRIGHT. All contents are Copyright © 2015 – Flynndustries, LLC, 330 A St. Suite #220, San Diego, California 92101. All rights reserved.
21. EMAIL COMMUNICATIONS. When you contact us or purchase a ticket for virtual or physical attendance at one of our live events, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements.
22. FORCE MAJEURE. Neither party shall be liable in damages, nor shall be subject to termination of this Agreement by the other party, for any delay or default in performing any nonmonetary obligation hereunder if that delay or default is due to any cause beyond the reasonable control and without fault or negligence of that party; provided that, in order to excuse its delay or default hereunder, a party shall notify the other of the occurrence or the cause, specifying the nature and particulars thereof and the expected duration thereof; and provided, further, that within 15 calendar days after the termination of such occurrence or cause, such party shall give notice to the other party specifying the date of termination thereof. All obligations of both parties shall return to being in full force and effect on the termination of such occurrence or cause (including without limitation any payments that became due and payable hereunder prior to the termination of such occurrence or cause).
(b) For the purposes of this Section, a “cause beyond the reasonable control” of a party shall include, without limiting the generality of the phrase, any act of God, act of any government or other authority or statutory undertaking, fire, explosion, accident, power failure, flood, earthquake, riot, or war (declared or undeclared).
23. ARBITRATION. All disputes arising out of or relating to this Agreement shall be finally settled by arbitration conducted in San Diego, California, under the rules of commercial arbitration of the American Arbitration Association (the “Rules”). Both parties shall bear equally the cost of arbitration (exclusive of legal fees and expenses, all of which each party shall bear separately). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, if a party breaches its obligations under this paragraph, the non-breaching party may seek injunctive or other equitable relief in any court of competent jurisdiction. You and company agree to be bound by this arbitration clause upon the formation of this contract and neither party shall have the right to alter, amend or modify this arbitration clause notwithstanding any future amendments to this agreement.
24. AMENDMENTS. Company reserves the right to amend this agreement. Should Company seek an amendment, we shall:
(a) provide you notice by email of said change 30 days prior to the change going into force should we have an email address for you.
(b) clearly publish on the home page of the Site the fact an amendment will be made with a link to a page detailing the changes, the date the changes will go into effect and contact information so you may discuss the proposed changes with us.
25. GOVERNING LAW. This agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Should a dispute arise in which arbitration is not pursued for any reason, you agree that the jurisdiction for any lawsuits or legal matters shall be solely that of the state or federal courts located in San Diego County, California.
26. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.