Welcome to 21st Century Education. We look forward to helping You grow your business beyond anything You have done before, so You can take Your business as far as You can imagine. This Agreement sets forth Your rights and obligations as a 21st Century Education User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
A. “21st Century Education” is a trademark of Us Global Investments LLC,
and also refers to the proprietary 21st Century Education System used to educate and inform on various financial strategies.
B. “21st Century Education” means Us Global Investments LLC, the owner of the 21st Century Education System and other trademarks. In this Agreement, references to “21st Century Education” as a Party mean and refer to Us Global Investments LLC, and Us Global Investments LLC’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.
B. “Parties” mean 21st Century Education and You. 21st Century Education and You are each a “Party.”
C. “Terms” mean and refer to the Terms and Conditions set forth herein.
D. “User” refers to a person who has created a 21st Century Education Account. “User Account” refers to a User’s 21st Century Education Account.
E. “You” and “Your” means the 21st Century Education System User who has executed this Agreement by clicking “I Agree.”
II. Becoming a 21st Century Education User
By clicking “I Agree” to these Terms, transferring payment to 21st Century Education, and creating a User Account, You become a 21st Century Education User. There are various products and services available to Users, and monthly prices applicable to such products and services. 21st Century Education's products, services, and prices are posted on pages applicable to each product or service, and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted on each page applicable to each product. By clicking “I Agree” and providing 21st Century Education Your credit card information You authorize 21st Century Education to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. By Your continued use of 21st Century Education services, and unless You terminate this agreement as provided herein, You agree that 21st Century Education may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.
III. Term and Termination
Your User contract with 21st Century Education begins when You click “I Agree,” and will continue month-to-month until either:
A. 21st Century Education cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to 21st Century Education.
B. You provide 21st Century Education ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to 21st Century Education.
C. Your credit card or 21st Century Education’s charge is denied for any reason and You do not provide 21st Century Education a new credit card within ten (10) days.
IV. REFUNDS FOR “HARD GOODS”
If You have purchased a “hard good” (for example, a book, MP3 player, or other tangible product) from 21st Century Education sold under any of its brands or related brands, including without limitation 21st Century Education System, you may receive a limited refund if you comply with the following conditions:
1. You must request a refund in writing by contacting firstname.lastname@example.org;
2. Your request for a refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to 21st Century Education immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to 21st Century Education in like-new, or re-sellable condition, as determined in 21st Century Education’s sole, reasonable discretion.
V. No License to use 21st Century Education Marks
Any content on any 21st Century Education website may constitute the intellectual property of 21st Century Education. Except where expressly authorized, no material on any 21st Century Education website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The 21st Century Education System trademark and logo are proprietary marks of 21st Century Education, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by 21st Century Education or any of 21st Century Education’s affiliates.
You agree to protect, defend, indemnify and hold harmless 21st Century Education, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against 21st Century Education for liability for payments for, damages caused by, or other liability relating to, You.
VII. No Warranty; No Leads.
21st Century Education does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that 21st Century Education will not at any time provide sales leads or referrals to You. Additionally, 21ST CENTURY EDUCATION’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. 21ST CENTURY EDUCATION MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY 21ST CENTURY EDUCATION WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. 21ST CENTURY EDUCATION MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY 21ST CENTURY EDUCATION WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY 21ST CENTURY EDUCATION WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY 21ST CENTURY EDUCATION’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY 21ST CENTURY EDUCATION’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The 21st Century Education websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any 21st Century Education website and these Terms, these Terms shall control.
VIII. Limitation of Liability
YOU AGREE THAT IN NO EVENT SHALL 21ST CENTURY EDUCATION’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO 21ST CENTURY EDUCATION FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST 21ST CENTURY EDUCATION OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
IX. Force Majeure.
21st Century Education will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of 21st Century Education. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. 21st Century Education shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
X. Assignment of Rights.
21st Century Education may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without 21st Century Education’s or its assigns express written consent.
XI. Information; Registration; User Names and Passwords
As a 21st Century Education System User, You will be required to create an account with 21st Century Education. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your 21st Century Education System User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, 21st Century Education under Your User Account. You agree to immediately notify 21st Century Education of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that 21st Century Education is not liable, and You will hold 21st Century Education harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XII. Release/Authorization to Use Photographs.
You grant 21st Century Education permission to use any and all photographs taken by 21st Century Education or its agents or employees, or submitted by You to 21st Century Education (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of 21st Century Education or any product or service sold and marketed by 21st Century Education. You agree that this authorization to use Photographs may be assigned by 21st Century Education to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in 21st Century Education’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against 21st Century Education in exchange for this Release and Assignment. You hereby release and forever discharge 21st Century Education from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XIII. Prohibited Activity.
21st Century Education has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to 21st Century Education Systems’s reputation; and the violation of the rights of 21st Century Education or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to 21st Century Education System’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
If You have any questions or complaints concerning any of the Terms, You may contact 21st Century Education by e-mail at email@example.com.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XV. Digital Millennium Copyright Act
If You believe that materials or content available on any 21st Century Education website infringes any copyright You own, You or Your agent may send 21st Century Education a notice requesting that 21st Century Education remove the materials or content from the 21st Century Education website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send 21st Century Education a counter-notice. Notices and counter-notices should be sent to 21st Century Education by e-mail firstname.lastname@example.org
XVI. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against 21st Century Education including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Ada County, Idaho. You agree not to file suit against 21st Century Education or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and 21st Century Education. In the event that You and 21st Century Education are unable to reach agreement on an Arbitrator, You and 21st Century Education will each select an arbitrator, and the two of them will select the Arbitrator. The arbitrators selected by You and 21st Century Education will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and 21st Century Education and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against 21st Century Education to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against 21st Century Education may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents 21st Century Education from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect 21st Century Education’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or 21st Century Education commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XVII. Changes to Terms
21st Century Education reserves the right to change these Terms, in whole or in part, from time to time at 21st Century Education’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://21stcenturyeducation.clickfunnels.com/terms-of-use. By Your continued use of 21st Century Education’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by 21st Century Education of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to 21st Century Education under or related to these Terms must be in writing, addressed as follows:
General Support and Inquiries: email@example.com
Notices to You may be made by posting a notice (or a link to a notice) on https://21stcenturyeducation.clickfunnels.com/terms-of-use, by e-mail, or by regular mail, at 21st Century Education’s discretion.