BY USING THIS WEBSITE AND/OR ENROLLING IN THE iVow ONLINE COURSE AND THEREAFTER UTILIZING THE SITE, YOU (‘USER’ or ‘YOU’) HEREBY AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF THIS AGREEMENT IS NOT ACCEPTABLE AND YOU ARE UNWILLING TO BE BOUND BY IT, PLEASE DO NOT ENROLL IN THE COURSE OR OTHERWISE USE THE SITE OR ENTER ANY INFORMATION ABOUT YOURSELF OR TRANSACT ANY BUSINESS THROUGH THIS SITE.
This Agreement is made between Family Dynamics Institute, (FDI), a Georgia Corporation, with offices in Franklin, TN, Dave Willis (DW), the Author of the iVow book, and the internet user (the “User”) of the iVow online marriage education program.
iVow (the “Service”) is an online marriage preparation course intended for couples. FDI/DW makes no guarantees or warranties, either express or implied, regarding the ultimate relationship compatibility, relationship preparedness, or relationship enrichment of the User and his or her spouse or fiancé.
By using the Service, the User agrees, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions.
Either the User or FDI/DW may terminate the User’s account at any time, for any reason, or for no reason at all, without explanation. Termination is effective upon sending written notice to the other party. Use of the Service is subject to compliance with these Terms and Conditions. FDI/DW reserves the right to immediately suspend or terminate the User’s access to the Service, without notice, upon the User’s breach of this Agreement. In the event the User’s access to the Service is suspended because of the User’s breach of this Agreement, the User agrees that all fees then paid to FDI/DW are non-refundable.
CHANGES IN TERMS AND CONDITIONS AND CHANGES IN THE SERVICE
FDI/DW reserves the right to modify the Service from time to time, for any reason, and without notice, including the right to terminate the Products and Services. FDI/DW reserves the right to modify these Terms and Conditions from time to time, without notice. It is the User’s responsibility to review these Terms and Conditions from time to time so as to be apprised of any changes.
DUTY TO WARN
Because of the unique circumstances of the online Service, including but not limited to the lack of direct, personal contact between FDI/DW and the User, the User agrees that no “duty to warn” arises under the terms of this Agreement and specifically indemnifies and releases FDI/DW, its officers, directors, employees, agents, and third parties from any “duty to warn” the User, of the violent behavior, threat(s), or tendencies of any other person, including the User’s spouse or fiancé.
IN NO EVENT SHALL FDI BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF FDI/DW KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL FDI’s/DW’s AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE FEE PAID BY THE USER FOR THE ACCOUNT.
IN NO EVENT SHALL FDI/DW BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE.
DISCLAIMER OF WARRANTIES
FDI/DW PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE. FDI/DW SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FDI/DW DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. FDI/DW DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, OR THAT IT WILL MEET THE USER’S REQUIREMENTS, OR THAT ANY DEFECTS IN THIS SERVICE WILL BE CORRECTED. FDI/DW DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY TO THE SERVICE. FDI/DW DOES NOT WARRANTY THE FEEDBACK PROVIDED TO THE USER BY THE FACILITATOR.
The User will, at no expense to FDI/DW, indemnify, defend, and hold harmless FDI/DW, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney fees) relating to or arising from the User’s use of the Service, including any breach by the User of the terms of this Agreement.
THE USER HEREBY AGREES TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF GENERAL RELEASES.
USER MINIMUM AGE REQUIREMENT
The User must be 18 years of age to use the Service. When purchasing any of FDI’s/DW’s products, or by registering for and using the Service, the User represents and warrants that the User is at least 18 years of age. NOTICE: Certain material available on the Internet is not appropriate for minors. To prevent or limit your children’s access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available.
Upon being registered for the Service, the User will create a pass word. The User is responsible for maintaining the confidentiality of the pass word and is solely responsible for all activities that occur under the account associated with their Login Code. The User’s account is for personal use by the User and his or her spouse or fiancé. The User may not authorize others to use the account, and the User may not assign or otherwise transfer the account to any other person or entity. The User agrees to safeguard the login information used to access this site. The User agrees not to disclose or share his or her login information with any third party other than FDI/DW. The User authorizes FDI/DW to assume that any person using the site with the User’s name and login information is the registered User.
Except as expressly provided herein, nothing within the Service, including these Terms and Conditions, shall be construed as conferring any license to the User. The User acknowledges and agrees that certain content available through the Service is protected by copyright, trademark, patent, or other proprietary rights of FDI/DW, its affiliates, licensors, and service providers. Except as expressly provided to the contrary, the User agrees not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by FDI/DW in connection with the Service. The User agrees not to hold himself or herself out as in any way sponsored by, affiliated with, or endorsed by FDI/DW, any of its affiliates, or any of its service providers. The User agrees not to use any of the trademarks or service marks or other Content accessible through the Service of any purpose other than the purpose for which such Content is made available to the User. The User agrees not to defame or disparage FDI/DW, the trademarks or service marks of FDI/DW, or any aspect of the products of the Service. The User agrees not to adapt, translate, modify, decompile, disassemble, or reverse engineer the products or the Service or any software or programs used in connection with the products and the Service or FDI/DW.
ONLINE USE AND CONDUCT
The User will use the Service in a manner consistent with any and all applicable local, state, federal, and international laws and regulations, including, but not limited to, United States export control laws. The User is not located in, under the control of, or a national or resident of any country that the United States has (i) embargoed goods, (ii) identified as a “Specialty Designated National,” or (iii) placed on the Commerce Department’s Table of Deny Orders. Use of the Service is void where prohibited.
Family Dynamics Institute’s area of expertise is in the unique dynamics that exist in an engaged or married relationship between a man and a woman and this course was designed with that intended audience in mind.
THIRD PARTY ADVERTISERS / VENDORS
The User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, whether by official site “links” or by pop-up ads, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. The User agrees that FDI/DW shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
To resolve a complaint regarding the Service, the User agrees to first contact FDI/DW and express the User’s concern. Any controversy or claim arising out of or relating to these Terms and Conditions or any User’s use of the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Franklin, TN or any of its surrounding cities, and judgment on the arbitration award may be entered into in any state or federal court in Tennessee having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Tennessee having jurisdiction thereof. The state and federal courts of Tennessee shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any User’s use of the Service. By using the Service and thereby agreeing to these Terms and Conditions, the User consents to personal jurisdiction and venue in the state and federal courts in Tennessee with respect to all such disputes.
CHOICE OF LAW
The laws of the State of Tennessee (regardless of conflicts of law principles) shall govern this Agreement, and any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the federal and state courts of Tennessee, other than actions to enforce any order or judgment entered by such courts.
This Agreement, which the User accepts upon registering for the Service, contains the entire agreement between FDI/DW and the User regarding the use of this Service. Unless otherwise explicitly stated, the terms and conditions herein will survive termination of the User’s use of the Service.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
No provision hereof and no breach of any provision hereof shall be deemed waived by any previous waiver of such provision or of any breach thereof, by any previous custom, practice or course of dealing or by FDI’s/DW’s failure to object to provisions contained in any communication or order from the User.
LINKS TO THIRD PARTY WEBSITES
We may provide links to web pages which are not part of this site. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this site only provides links.
RELEASE: COVENANT NOT TO SUE
You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the Materials or your use of this website, other than willful misconduct or our failure to honor an express commitment posted on the website.
POLICY REGARDING REFUNDS
Because of the unique circumstances of the online Service, the option for perpetual use by the User and the transfer-ability of information to other parties, refunds are not available once the course is purchased. Should you choose to withdraw from the course or not utilize it, such actions do not create grounds for a refund of the course fee and related shipping and other material fees. Should FDI/DW determine that the User has breached any aspect of this agreement FDI/DW may cancel the User’s account, such actions do not constitute grounds for a refund.
By using this website and enrolling in the course you are hereby acknowledging that you have read and agree to these terms of service and all parts included herein.