TERMS & CONDITIONS
OUR WEBSITE CONTENT
Our content consists of the language, layout, logos, service names, service marks, logos, design, graphics, appearance, photos, images, videos, books, audio files, media files and any and all other information on our Site (collectively “content”).
You acknowledge that the methods, strategies, training, content and processes used by us are our Proprietary System which is owned by Company and is confidential and copyright protected. We have taken a considerable amount of time and energy to develop our Proprietary System and you agrees not to duplicate, disseminate, distribute or otherwise disclose to any party or third party for any reason whatsoever, unless it is part of the program or a legal proceeding. You understand and agree that violation of our proprietary rights will entitle us to an immediate injunction, in addition to other legal remedies as allowed to the fullest extent of the law.
USER’S GRANT OF LIMITED LICENSE
When you voluntarily submit content on our site such as, but not limited to, posting any comment, photo, image, or video, you grant Company and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose including consent to make it a part of our current or future Site or content. This right includes granting us irrevocable proprietary rights and intellectual property rights under any relevant jurisdiction without requiring any additional consent from you or any compensation by us to you. You warrant and represent that you own or otherwise control all the rights to the content and that public posting and use of your content by us will not infringe or violate the rights of any third party.
As a user, purchaser, licensee and viewer of our Site, you agree that you will not copy, steal, adapt, misrepresent our Site ownership as yours, reverse engineer, create derivative works, share, republish, modify, sell, resell, falsify, or take any inappropriate, illegal or damaging act with respect to our content or Site. You understand that engaging in any of these acts may subject you to copyright and trademark infringement, criminal and civil prosecution and revocation of license and permission to use of our content and Site.
REQUEST FOR CONSENT TO USE OUR CONTENT
If you would like to use our content in any manner that is prohibited pursuant to these Terms, or any of our other policies and agreements, you must seek written consent BEFORE HAND understanding that your request is subject to denial. You may request by contacting us at firstname.lastname@example.org
DIGITAL MILLENNIUM COPYRIGHT ACT
Company respects the intellectual property rights of others. If you believe that material located on or linked to our Site violates your copyright, you are encouraged to notify us at stamoscoaching.com in accordance with Company’s Digital Millennium Copyright Act (“DMCA”) Policy. Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Company will terminate a visitor’s access to and use of the Site if, under appropriate circumstances the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Company or others. In the case of such termination, Company will have no obligation to provide a refund of any amounts previously paid to Company.
DISCLAIMER OF WARRANTIES
All materials, information, software, products, content and services included in or available through this Site is provided “AS IS”. We make no representations or warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or noninfringement. To the fullest extent of the law, Company its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that this Site will be available at ay particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. You agree that your use of this Site is completely at your own risk. We disclaim any liability for any resulting damages or injury whether direct, indirect or consequential.
Visiting the Site or sending emails to the Site constitutes electronic communications. You hereby consent to receive electronic communications and agree that all agreements, notices, disclosures and other sources of communication provided to you electronically, via email and on the Site, satisfy any legal communication that such communications be in writing.
LINKS TO OTHER WEBSITES
NO UNLAWFUL OR PROHIBITED USE
You agree not to use our Site for any unlawful or prohibited purpose. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You agree not to use our Site for fraudulent purposes or criminal activity, including but not limited to impersonation, harassment, annoyance or deception.
The content provided throughout this Site, including all digital content delivered via email or any electronic means are resources for educational and informational purposes only. This information should not take the place of hiring licensed professionals. Please review our full Disclaimer. No user of this site shall act or refrain from acting based on information included on our Site.
LIMITATION OF LIABILITY
Under no circumstances shall Company, its subsidiaries, or its licensors be liable for any direct indirect, incidental, special, or consequential damages that result from the use of or inability to use, this Site. This limitation applies whether the challenged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage. This exclusion shall be limited to the full extent permitted by law.
RELEASE OF CLAIMS
We shall not be liable to any party for any direct, indirect, special, incidental, equitable or consequential damages for any reliance on or Site or its content or anyone affiliated with us in any way. You hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries accidents, misapplication of information, or any other loss, physical or mental condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless Video Growth Academy, our officers, directors, employees, agents and third parties, for any losses, liabilities, cost, expenses, attorney fees and any other cost arising out of your use of or inability to use the Site or services, your violation of any terms of this agreement or your violation of a third party right or other laws or regulations.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. You expressly agree that that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms is only in the State or Federal Courts in Pennsylvania. You hereby consent to personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of these Terms is held by a court of law to be illegal, invalid, or unenforceable, (a) the Parties shall amend that revision to achieve substantially the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or invalidated.
Any disputes involving these Terms shall be submitted to binding arbitration in Pennsylvania in accordance with the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In Company’s sole discretion, intellectual property disputes may be handled through the appropriate state or federal court in the Commonwealth of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts.
NOTICE OF CHANGE
We reserve the right to modify or replace these Terms at any time. You have the responsibility to keep updated as to all such changes by periodically checking our Site. Your continued use of this Site after changes to the Terms constitute your acceptance to the modified or replaced Terms and your consent to abide by the Terms as modified or replaced whether you have read them or not.
If you have any questions or concerns regarding these Terms and Conditions, email us at email@example.com and put “Terms” in the subject line.
OUR COMMITMENT TO PRIVACY
The Site is owned and operated by Video Growth Academy (“Company”, “we”, “us” “our”) and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
I. Information We Collect and How We Collect It
II. How We Use Your Information
IV. Retaining and Deleting Your Personal Data
V. Updating Your Personal Data
VI. How to Withdraw Your Permission for Use of Your Personal Data
VII. Protecting the Privacy Rights of Third Parties
IX. Links to Other Websites
X. How We Protect Your Personal Data
XI. Children’s Privacy
XII. Anti-Spam Policy
XIII. Use of Your Credit Card
XIV. Submissions, Storage and International Data Transfer of Personal Data
XV. Disclosure and Confidentiality
XVII. Contact Information for the Data Controller and GDRP Representative
XVIII. Governing Law
SCOPE OF THIS PRIVACY STATEMENT
This Privacy Statement applies to personal information we collect when you visit our Site. We may also collect information from you in other ways, including information collected during technical support contacts, on registration and check out forms, in person e.g. business cards), and from third parties. If we provide a separate or supplemental notice when we collect personal data from you, that notice will control the extent of any conflict.
OUR LEGAL BASIS FOR COLLECTING AND PROCESSING YOUR INFORMATION
Our legal basis for collecting and processing your personal information (“Personal Data”) is based on the necessity for the performance of a contract, to take the necessary steps to enter into a contract, to provide you with information that you may have a legitimate business interest in based on the information you have voluntarily provided.
I. INFORMATION WE MAY COLLECT AND HOW WE COLLECT IT
We collect personal information from you when you visit our Site and voluntarily provide your Personal Data. When you voluntarily give us your Personal Data you are giving us your consent to use, collect and process this Personal Data. You have the right to opt out or request to have your Personal Data deleted by firstname.lastname@example.org. We collect the following Personal Data that you disclose to us such as:
Your name and email address so we can send you our newsletter, marketing material and information you request regarding our services. Upon providing us with your email address, you are affirmatively consenting to us collecting this Personal Data.
Your billing information such as your name, address and credit card information to that we can process purchases you make, collect payment from you and deliver our products and services to you pursuant to our contractual obligation.
Your name, email and telephone number if you complete our contact us form. You authorize us to send you marketing emails in response to your completing the contact us form or if we believe we have a legitimate interest to contact you based on your inquiry, question or request.
We collect Personal Data that you voluntarily provide when registering on this Site, using this Site, subscribing to newsletters, downloading free gifts and information, downloading podcast and blogs, providing your name and email address, submitting your credit card or other payment information when ordering and purchasing products and services on our Site, and in connection with other activities, services and features. All Personal Data that you provide must be true, complete and accurate, and you must notify us of any changes to such Personal Data and if you decide to opt –out of our list or have your Personal Data deleted.
OTHER INFORMATION WE MAY COLLECT
AUTOMATICALLY COLLECTED ANONYMOUS DATA AND USE
Information about your computer hardware and software may be automatically collected by this Site. This information includes: your IP address (the number assigned to computers connected to the Internet), browser type, browser version, domain names, and access times, the pages of our Site you visit, referring website addresses and other statistics. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of this Site. If you access the Site with your mobile device, we may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes. This data cannot personally identify you but is useful for us for marketing purposes and for improving our services. Anonymous Data may also be shared with business partners, affiliates and advertisers.
II. HOW WE USE INFORMATION WE COLLECT FROM YOU
1. CONTACT YOU
a. CONSENT OR CONTRACT
We may contact your if you give us consent to contact you or under out contractual obligation to deliver goods or services you purchase from us.
b. LEGITIMATE INTEREST
When you sign up for our Products or Services, you’ll begin receiving relevant information about our company, affiliate companies, invites to our online events, as well as information about our related programs and products in relevant fields like business growth, education and marketing. We will use your Personal Information to communicate with you regarding our products, services, questions and concerns.
2. MARKETING AND ADVERTISING
We may contact you to offer you products and services and to provide information that we believe may be of interest to you.
3. RESOLVE PROBLEMS AND DISPUTES
We may contact you to resolve problems, handle disputes and to enforce our terms and conditions.
4. PROCESS PAYMENTS
We will use the Personal Data you provide to process your payment for purchases you have made with us under contract, to deliver the products and services that you have requested, to manage your account and provide you with customer support.
5. SOCIAL MEDIA ADVERTISING
We may use your Personal Data to advertise on social media and to create look alike audiences.
6. COLLECTED FINANCIAL INFORMATION
We may use financial information or payment method information to process payment for any purchases, subscriptions or sales made on our Site, to protect or identify fraudulent transactions and as otherwise necessary to manage our business and resolve chargebacks.
7. SHARING YOUR PERSONAL INFORMATION
We do not sell, rent trade or lease personal user information. We may share your personal information with trusted third parties, business partners, affiliates, direct mail, our merchant accounts to process payments and Google/social media accounts in order to run advertisements or in response to a subpoena or investigative demand.
We may communicate with you by using the email you provide when you register as a member or user on our Site. We may send you promotional emails about our Site, services and products. We may also send you offers from our affiliates.
ONLINE VIEWING AND COMMUNITY DISCUSSION GROUPS
When you voluntarily share your Personal Data by making it available for others to view online through our Site or its content, your Personal Data may be seen, collected and used by others. You assume full responsibility for any unauthorized or improper use of your information that you voluntarily shared in a comment, on a blog post in a Facebook Group that we manage, in group coaching calls and other online platforms such as Zoom or Webinars. We shall not be responsible for any such unauthorized use or resulting harm resulting from your voluntary disclosure in such forum.
DISCLOSURE TO SUCCESSORS
Identifying the areas of our Site that you have visited
Personalizing content that you see on our website
Our Site analytics
Remarketing our products or services to you
Remembering your preferences, settings and login details
Targeted advertising and serving ads relevant to your interests
Allowing you to post comments
Allowing you to share content with social networks
We also use Web Beacons: We may place small “tracker gifs” or “beacons” on many of the pages on our website, in online advertising with third parties, and in our emails. We use beacons, in connection with Cookies, to collect non-personal data on the usage of our site including but not limited to the date and time of the visit, the pages visited, the referring web page, the type of browser (e.g. Internet Explorer, NetScape), the type of operating system (e.g. Windows, Linux, or Mac) and the domain name of the visitor’s Internet service provider (e.g. Yahoo). This information is collected about thousands of site visits and analyzed. This information is useful in tracking the performance of our online advertising. You may disable cookies and beacon from your website browser. You may also opt out of the DoubleClick by cookie by visiting the Google Advertising opt-out page. You may opt out of Google Analytics by visiting the Google Analytics Opt-out page.
SHARING INFORMATIONA WITH FACEBOOK AND GOOGLE FOR MARKETING PURPOSES
IV. RETAINING AND DELETING YOUR PERSONAL DATA
We retain your Personal Data only for as long as we need it for legal, tax, accounting, contractual and business purposes. Your information may be stored in electronic form, paper form, or a combination of both. When your information is no longer needed, we will destroy, delete or erase it.
V. UPDATING YOUR PERSONAL DATA
You can update your Personal Data by contacting email@example.com
VI. WITHDRAWING PERSMISSION TO USE YOUR PERSONAL DATA
You have the right to revoke permission to use your Personal Data at any time. You can revoke permission by contacting us at firstname.lastname@example.orgWe respect your privacy and give you the opportunity to unsubscribe to our email communication by clicking the unsubscribe link on the bottom of our email. If after this, you are continuing to receive emails you may contact us at email@example.com
VII. PROTECTING THE PRIVACY RIGHTS OF THIRD PARTIES
When you post information on our Site that contains third party information, you must make sure you have permission to include that information in your posting. We are not legally liable for the actions of our users, but we will remove any postings that we are notified violate the privacy rights of others.
VIII. TRACKING USER BEHAVIOR
We may keep track of websites and pages our user visits in order to determine what services are the most popular. This data is used to improve our site and services and to advertise to customers whose behavior indicates interests in a particular subject area. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.
IX. LINKS TO OTHER WEBSITE THIRD PARTY WEBSITE LINKS
X. HOW WE PROTECT YOUR PERSONAL DATA
The security of your personal information is important to us. We have implemented appropriate security measures and have adopted data collection and processing practices to protect against unauthorized access, disclosure, alteration, destruction and use of your personal information and data that is stored on our Site. However, no method of transmission over the internet or method of electronic storage is 100% secure. Although we strive to use commercially acceptable means to protect your personal information, we cannot guarantee it is absolutely secure.
PASSWORDS TO OUR SITES
To use certain features of our Site or its content you may be required to use log in information, a user name and password. It is your responsibility to maintain the confidentiality of your log in information and all activities, those engaged in by you and others, that occur with your login information and within your account. We will not be responsible for any loss or resulting damage due to your losing your login information or sharing it with others. You agree to notify us immediately of any unauthorized access to your login information.
XI. CHILDREN ONLINE PRIVACY PROTECTION ACT COMPLIANCE
We do not collect any information from anyone under eighteen (18) years of age in compliance with COPPA (Children’s Online Privacy Act) and the GDPR (General Data Protection Regulation of the EU). Our Site and its content are intended for use by individuals who are at least eighteen (18) years of age or older. If you are under the age of eighteen (18) do not give us your Personal Data and refrain from using our Site.
We respect your privacy and have a no spam policy. We will not sell, rent or share your email address. We give you the opportunity to unsubscribe to our email communication by clicking the unsubscribe link on the bottom of our email. If after doing this, you are continuing to receive emails you may contact us at firstname.lastname@example.org
XIII. USE OF CREDIT CARD
We use third party merchant services to process credit card payments used to purchase our services and products on our Site. We have no control over these services. We use commercially reasonable efforts to keep your credit card information strictly confidential by using third party merchants that use industry standard encryption technology to protect your credit card from unauthorized use. You understand and agree that we are not responsible for any misuse or unauthorized charges and unauthorized access to your Personal Data and credit card information.
XIV. SUBMISSION, STORAGE, AND INTERNATIONAL TRANSFERRING OF PERSONAL DATA
We store the Personal Data you provide to us internally through a data management system. Only those who help obtain manage, store and secure your information and who have a legitimate need to know and/or access your Personal Data will have access to such information such as our payment processor, hosting provider or team members. Personal Data that we collect from you ay be stored, processed and transferred internationally.
NOTICE TO EUROPEAN UNIOHN CUSTOMERS AND USERS
NOTICE TO NON-US RESIDENTS
XV. DISCLOSER AND CONFIDENTIALITY
XVII. CONTACT INFORMATION FOR THE DATA CONTROLLER AND GDPR REPRESENTATIVE DATA CONTROLLER AND PROCESSORS
We are the data controllers as we are collecting and using your Personal Data. We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable measures to ensure our data processors are GDR compliant.
XVIII. GOVERNING LAW
Updated: March 2019
The Website and its content are owned by Video Growth Academy (“Company”, “we”, our, or “us”). The term “you” refers to the user and viewers of www.stamoscoaching.com (“Website”).
The information provided throughout this Website, including all digital content delivered via email or any electronic means are resources for educational and informational purposes only.
Any information received provided by you through use of this Website is not privileged or confidential. No user of this site shall act or refrain from acting based on information included on Website without consulting a licensed educational professional.
All information on this Website, including but not limited to, words, design, photos, images, materials, documents, data, databases, videos, audio guides, books, and all other information and intellectual property accessible on or through this Website (collectively, “Content”) is our sole property and is protected by United States Intellectual property laws.
By using this Website and its Content, you are voluntarily agreeing to this Disclaimer, and you are legally agreeing that you have read, understand, and fully agree to the terms herein.
We reserve the right to change this Website Disclaimer at any time, without notice, and your use of this Website and its Content is acknowledgement of your agreeing to the Website Disclaimer as it appears, whether you have read it or not. Cease use of our Website immediately if you do not agree with our Website Disclaimer or Content.
You must be of legal age and legal ability to agree to our Website Disclaimer. If you are under the age of eighteen (18) or cannot legally consent to use of our Website Disclaimer or do not agree with it, immediately cease and desist and do not use our Website or view our Content. By purchasing any product or service on our Website, you are agreeing to accept the terms of our Website Disclaimer.
Our Website and its Content depict testimonials, insights and real-life experiences of others, as they report it to us. We do not verify any of this information. These testimonials and experiences are illustrations only and are not guarantees of any sort. Any success stories, business results, income achievements, educational achievements, client successes, student successes, school successes and program successes are not to be relied on as a guarantee of your current or future success. Schools, students, and individual licensee’s circumstances are unique and are dependent upon various factors and variables that we cannot always control. Do not be assured of your future program outcome based upon the testimonials of others and other success stories contained on our Website.
You understand the templates and information on this Website and any links to affiliate sites are for informational purposes only, not legal, educational, financial or health advice, and should not be a substitute for you consulting with your own attorney, accountant or other professional advisors. You acknowledge that you are solely responsible for seeking professional advice for your unique individual situation and assume all risk involved in your failure to do so. You are advised to consult with your own personal attorney, accountant or financial advisor regarding your specific legal, financial, health and educational situation.
LIMITATION OF LIABILITY
You agree to hold us harmless from any direct, indirect or consequential loss or damages incurred by you, including but not limited to financial, business, mental, physical, good will, reputation or damages of any kind, in connection with use of this Website and its Content. To the full extent allowed by law, we expressly exclude any and all such liability. You hereby release Video Growth Academy its members, directors, officers, contractors, employees, shareholders, successors, affiliates, licensees and subsidiaries from any and all liability, losses and claims, direct, indirect or consequential, resulting from your use of or lack of use of, any information obtained on or through our Website and its Content, any websites linked to our Website and/or any material posted on our Website, or social media pages. By purchasing our products and services or using our Website and its Content, you agree to this limitation of liability and release us from any and all current and future claims.
EARNINGS AND RESULTS DISCLAIMERS
As with any business, individual results vary and will be based on individual capacity, business experience, expertise, level of desire and commitment. There are no level of guarantees respecting your future income or success using our Program or Website. We do not guarantee your future income or success. We are not responsible for your actions. The use of our information, products, programs and services should be based on your own due diligence and you agree that we are not liable for your successes or failures. You are solely responsible for your actions and results.
You agree that all information provided on this site and its content is “AS IS” and without warranties of any kind either express or implied. To the fullest extent of the law we disclaim all warranties express or implied and hereby disclaim and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property of other violation of rights. We take reasonable efforts to ensure we are providing accurate up to date information but do not warranty the accuracy of any of the materials on our Website or any sites linked to our website as information is constantly changing. If you rely on advice or information provided on this website, you expressly agree that you are doing so entirely at your own risk as we do not warranty that the content on our site is accurate reliable or correct. We disclaim any liability for any resulting damages or injury whether direct, indirect or consequential.
ERRORS AND OMISSIONS DISCLAIMER
Company makes no warranty as to the accuracy of the information on Company’s Website. Company takes reasonable effort to present website contact that is accurate and up to date, but information, educational practices and technology is constantly changing therefore Company assumes no liability for errors or omission in its content, on its websites or information referenced or linked to other sites. By using our website, you accept it “AS IS” and acknowledge that there may be some errors and omissions.
We take every effort to ensure our website and content is accessible and that we deliver our programs and services without interruption. However, we cannot guarantee that access to our website and content will always be accessible. Our website may be temporarily restricted due to maintenance requirements, internet outage, repair, internet traffic, network failures and delays and other unanticipated circumstances. If any of these situations were to occur, we will not be liable to you for any resulting direct, incidental, consequential or special damages nor will you be entitled to refunds of any sort.
Our Website content is not intended for medical or health purposes. No information on our site is to be interpreted as medical advice and is not to be relied on as a substitution for professional medical or mental health advice. If you have or suspect that you have a medical, mental, psychological or any type of physical or mental ailment or concern, you are solely responsible for seeking the services of a licensed medical, health or mental health care professional.
WEBSITE LINKS DISCLAIMER
You acknowledge that we may reference and/or provide links other websites. Such references and links do not constitute our endorsement or recommendation of the programs, products and services of those websites. We are not responsible for any content whatsoever on those websites. You acknowledge and accept full responsibility for the use of those sites and any direct, indirect, incidental, special or consequential damages resulting for your use of those sites. If you have questions about this Disclaimer, please contact support email@example.com