Subject to the terms and conditions of this Agreement and your payment of any required fees, Goodbye Harassment hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services and otherwise view the videos on our website and use the Services to the extent permitted by their intended functionality, for your own individual company’s purposes and not for the sublicense to or use by third parties.
You may only access and/or use our Services through the applications or intended methods that we make available to you. Access or use through an application, service, or method provided by a party other than ours is strictly prohibited, beyond the scope of the license granted herein, and may subject your account to immediate termination and other legal action. Any other use not expressly authorized herein is strictly prohibited and a violation of this Agreement. We may revoke and/or terminate the license with respect to any aspect of the Services at any time, for any or no reason.
Except as otherwise specifically permitted in this Agreement, you shall not: (a) modify, download, intercept, or create any derivative works of the Services, including any translations or localizations thereof; (b) access or use the Services through an application or means not authorized by us; (c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Services; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or structure or organization of the Services; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (g) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party; (h) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; or (i) circumvent any technological measures employed by or on behalf of us to protect the Services.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
Goodbye Harassment retains all rights, title, and interest in and to all copyrights, trademarks, logos, videos, pictures, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. You agree to prevent any unauthorized copying, use, or distribution of the Services.
You agree to defend (at our option), hold harmless, and indemnify us from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.
We may post notices to you on our Homepage. We may also send you notices to the email address you provide us. You hereby consent to receive such notice from us and are deemed to have received such notices at the latest within two (2) business days from us posting or sending it. You are responsible for keeping your account information, including your email address, up to date. Except as otherwise provided herein, any notices required to be delivered to us under this Agreement must be delivered via first class certified U.S. mail, overnight delivery, or personal service to Roger That Training, Inc. 149 East 23rd St. #1498, NYC, NY 10010.
We may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, as well as our assignees.
Third Party Beneficiaries
Nothing in this Agreement, either express or implied, is intended to or may be deemed to confer upon any other person or entity any right, benefit, or remedy of any nature whatsoever.
Governing Law and Disputes
Governing Law and Venue. This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of New York, regardless of choice-of-law principles. Any and all claims under this Agreement must be brought in the State and County of New York.
Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement or the Services, you agree to contact us directly in accordance with the Notice provision hereof and provide a brief, written description of the dispute and your contact information; and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. This is a precondition to any type of lawsuit or claim.
Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or forever be barred.
We may terminate this Agreement and your access to the Services at any time and for any reason by providing notice to the email address you provided us. Upon any termination of this Agreement, the rights and licenses granted to you hereunder, including your ability to access and use the Services, will immediately terminate, and you must immediately cease using the Services and any and all related materials and other similar content. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement. Any provision of this Agreement that should, by its nature, survive termination of this Agreement will survive its termination.
Additional Terms and Conditions
Some of our offered Services may require different or additional terms and conditions.
Changes in Terms
We may modify this Agreement from time to time. If we make material changes to the Agreement, we will notify you by email or through a message posted on our Homepage. You agree that such modified Agreement will be effective thirty (30) days after our notice to you, except for changes that for legal reasons will become effective immediately. Your continued use of the Services after our provision of notice to you constitutes your affirmative acceptance to the modified Agreement.
In the event any provisions of this Agreement are found to be contrary to any law or regulation, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. If such a provision cannot be modified and becomes invalidated or unenforceable, that will not affect the validity or enforceability of any other provision of this Agreement.
This Agreement constitutes the complete and exclusive agreement between you and Goodbye Harassment with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.