Terms Of ServiceGeneral
This
website (the “Site”) is owned and operated by LK and RH Carter d/b/a
“DYALProgram.com”
(“LK and RH Carter,” “we” or “us”). By using the Site, you agree to be
bound by these Terms of Service and to use the Site in accordance with
these Terms of Service, our Privacy Policy and any additional terms and
conditions that may apply to specific sections of the Site or to
products and services available through the Site or fromLK and RH
Carter
. Accessing the Site, in any manner, whether automated or otherwise,
constitutes use of the Site and your agreement to be bound by these
Terms of Service.
We reserve
the right to change
these Terms of Service or to impose new conditions on use of the Site,
from time to time, in which case we will post the revised Terms of
Service on this website. By continuing to use the Site after we post
any such changes, you accept the Terms of Service, as modified.
Intellectual
Property Rights
Our Limited
License to You
This
Site and all the materials available on the Site are the property of us
and/or our affiliates or licensors, and are protected by copyright,
trademark, and other intellectual property laws. The Site is provided
solely for your personal noncommercial use. You may not use the Site or
the materials available on the Site in a manner that constitutes an
infringement of our rights or that has not been authorized by us. More
specifically, unless explicitly authorized in these Terms of Service or
by the owner of the materials, you may not modify, copy, reproduce,
republish, upload, post, transmit, translate, sell, create derivative
works, exploit, or distribute in any manner or medium (including by
email or other electronic means) any material from the Site. You may,
however, from time to time, download and/or print one copy of
individual pages of the Site for your personal, non-commercial use,
provided that you keep intact all copyright and other proprietary
notices.
Your
License to Us
By
posting or submitting any material (including, without limitation,
comments, blog entries, Facebook postings, photos and videos) to us via
the Site, internet groups, social media venues, or to any of our staff
via email, text or otherwise, you are representing: (i) that you are
the owner of the material, or are making your posting or submission
with the express consent of the owner of the material; and (ii) that
you are thirteen years of age or older. In addition, when you submit,
email, text or deliver or post any material, you are granting us, and
anyone authorized by us, a royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide license to use, copy, modify,
transmit, sell, exploit, create derivative works from, distribute,
and/or publicly perform or display such material, in whole or in part,
in any manner or medium, now known or hereafter developed, for any
purpose. The foregoing grant shall include the right to exploit any
proprietary rights in such posting or submission, including, but not
limited to, rights under copyright, trademark, service mark or patent
laws under any relevant jurisdiction. Also, in connection with the
exercise of such rights, you grant us, and anyone authorized by us, the
right to identify you as the author of any of your postings or
submissions by name, email address or screen name, as we deem
appropriate.
You
acknowledge and agree that any contributions originally created by you
for us shall be deemed a “work made for hire” when the work performed
is within the scope of the definition of a work made for hire in
Section 101 of the United States Copyright Law, as amended. As such,
the copyrights in those works shall belong toLK and RH Carter from
their creation. Thus, LK and RH Carter
shall be deemed the author and exclusive owner thereof and shall have
the right to exploit any or all of the results and proceeds in any and
all media, now known or hereafter devised, throughout the universe, in
perpetuity, in all languages, asLK and RH Carter determines. In the
event that any of the results and proceeds of your submissions
hereunder are not deemed a “work made for hire” under Section 101 of
the Copyright Act, as amended, you hereby, without additional
compensation, irrevocably assign, convey and transfer toLK and RH
Carter
all proprietary rights, including without limitation, all copyrights
and trademarks throughout the universe, in perpetuity in every medium,
whether now known or hereafter devised, to such material and any and
all right, title and interest in and to all such proprietary rights in
every medium, whether now known or hereafter devised, throughout the
universe, in perpetuity. Any posted material which are reproductions of
prior works by you shall be co-owned by us.
You
acknowledge that LK and RH Carter has the right but not the obligation
to use and display any postings or contributions of any kind and that
LK and RH Carter may elect to cease the use and display of any such
materials (or any portion thereof), at any time for any reason
whatsoever.
Limitations
on Linking and Framing. You may establish a hypertext link to the Site
so long as the link does not state or imply any sponsorship of your
site by us or by the Site. However, you may not, without our prior
written permission, frame or inline link any of the content of the
Site, or incorporate into another website or other service any of our
material, content or intellectual property.
Disclaimers
Throughout
the Site, we may provide links and pointers to Internet sites
maintained by third parties. Our linking to such third-party sites does
not imply an endorsement or sponsorship of such sites, or the
information, products or services offered on or through the sites. In
addition, neither we nor affiliates operate or control in any respect
any information, products or services that third parties may provide on
or through the Site or on websites linked to by us on the Site.
If
applicable, any opinions, advice, statements, services, offers, or
other information or content expressed or made available by third
parties, including information providers, are those of the respective
authors or distributors, and notLK and RH Carter. Neither LK and RH
Carter nor any third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content. Furthermore, LK
and RH Carter
neither endorses nor is responsible for the accuracy and reliability of
any opinion, advice, or statement made on any of the Sites by anyone
other than an authorizedLK and RH Carter representative while acting in
his/her official capacity.
THE
INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND
BY LK and RH Carter
AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT
WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS
SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE
DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON
THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
You agree
at all times to
defend, indemnify and hold harmless COMPANY its affiliates, their
successors, transferees, assignees and licensees and their respective
parent and subsidiary companies, agents, associates, officers,
directors, shareholders and employees of each from and against any and
all claims, causes of action, damages, liabilities, costs and expenses,
including legal fees and expenses, arising out of or related to your
breach of any obligation, warranty, representation or covenant set
forth herein.
Online
Commerce
Certain
sections of the Site may allow you to purchase many different types of
products and services online that are provided by third parties. We are
not responsible for the quality, accuracy, timeliness, reliability or
any other aspect of these products and services. If you make a purchase
from a merchant on the Site or on a site linked to by the Site, the
information obtained during your visit to that merchant’s online store
or site, and the information that you give as part of the transaction,
such as your credit card number and contact information, may be
collected by both the merchant and us. A merchant may have privacy and
data collection practices that are different from ours. We have no
responsibility or liability for these independent policies. In
addition, when you purchase products or services on or through the
Site, you may be subject to additional terms and conditions that
specifically apply to your purchase or use of such products or
services. For more information regarding a merchant, its online store,
its privacy policies, and/or any additional terms and conditions that
may apply, visit that merchant’s website and click on its information
links or contact the merchant directly. You release us and our
affiliates from any damages that you incur, and agree not to assert any
claims against us or them, arising from your purchase or use of any
products or services made available by third parties through the Site.
Your
participation, correspondence or business dealings with any third party
found on or through our Site, regarding payment and delivery of
specific goods and services, and any other terms, conditions,
representations or warranties associated with such dealings, are solely
between you and such third party. You agree thatLK and RH Carter shall
not be responsible or liable for any loss, damage, or other matters of
any sort incurred as the result of such dealings.
You
agree to be financially responsible for all purchases made by you or
someone acting on your behalf through the Site. You agree to use the
Site and to purchase services or products through the Site for
legitimate, non-commercial purposes only. You also agree not to make
any purchases for speculative, false or fraudulent purposes or for the
purpose of anticipating demand for a particular product or service. You
agree to only purchase goods or services for yourself or for another
person for whom you are legally permitted to do so. When making a
purchase for a third party that requires you to submit the third
party’s personal information to us or a merchant, you represent that
you have obtained the express consent of such third party to provide
such third party’s personal information.
Your
purchase is for personal use only. Sharing of purchases is not
permitted and will be considered unauthorized, an infringing use of our
copyrighted material, and may subject violators to liability.
If
payment for a course is declined, our system will automatically disable
access to our premium materials. (We understand. This usually happens
because a credit card expires.) We want to help restore your access, so
we’ll make every attempt to contact you to help resolve this issue.
Once the billing issue is resolved, we’ll restore access.
Interactive
Features
This
Site may include a variety of features, such as bulletin boards, web
logs, chat rooms, and email services, which allow feedback to us and
real-time interaction between users, and other features which allow
users to communicate with others. Responsibility for what is posted on
bulletin boards, web logs, chat rooms, and other public posting areas
on the Site, or sent via any email services on the Site, lies with each
user – you alone are responsible for the material you post or send. We
do not control the messages, information or files that you or others
may provide through the Site. It is a condition of your use of the Site
that you do not:
● Restrict
or inhibit any other user from using and enjoying the Site.
●
Use the Site to impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or entity.
●
Interfere with or disrupt any servers or networks used to provide the
Site or its features, or disobey any requirements, procedures, policies
or regulations of the networks we use to provide the Site.
● Use the
Site to instigate or encourage others to commit illegal activities or
cause injury or property damage to any person.
●
Gain unauthorized access to the Site, or any account, computer system,
or network connected to this Site, by means such as hacking, password
mining or other illicit means.
● Obtain or
attempt to obtain any materials or information through any means not
intentionally made available through this Site.
●
Use the Site to post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane or
indecent information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any local, state, national or international law.
●
Use the Site to post or transmit any information, software or other
material that violates or infringes upon the rights of others,
including material that is an invasion of privacy or publicity rights
or that is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or rights holder.
● Use the
Site to post or transmit any information, software or other material
that contains a virus or other harmful component.
●
Use the Site to post, transmit or in any way exploit any information,
software or other material for commercial purposes, or that contains
advertising.
● Use the
Site to advertise or solicit
to anyone to buy or sell products or services, or to make donations of
any kind, without our express written approval.
●
Gather for marketing purposes any email addresses or other personal
information that has been posted by other users of the Site.
LK
and RH Carter
may host message boards, chats and other public forums on its Sites.
Any user failing to comply with the terms and conditions of this
Agreement may be expelled from and refused continued access to, the
message boards, chats or other public forums in the future.LK and RH
Carter
or its designated agents may remove or alter any user-created content
at any time for any reason. Message boards, chats and other public
forums are intended to serve as discussion centers for users and
subscribers. Information and content posted within these public forums
may be provided byLK and RH Carter staff, LK and RH Carter’s outside
contributors, or by users not connected with LK and RH Carter, some of
whom may employ anonymous user names. LK and RH Carter
expressly disclaims all responsibility and endorsement and makes no
representation as to the validity of any opinion, advice, information
or statement made or displayed in these forums by third parties, nor
are we responsible for any errors or omissions in such postings, or for
hyperlinks embedded in any messages. Under no circumstances will we,
our affiliates, suppliers or agents be liable for any loss or damage
caused by your reliance on information obtained through these forums.
The opinions expressed in these forums are solely the opinions of the
participants, and do not reflect the opinions ofLK and RH Carter or any
of its subsidiaries or affiliates.
LK
and RH Carter
has no obligation whatsoever to monitor any of the content or postings
on the message boards, chat rooms or other public forums on the Sites.
However, you acknowledge and agree that we have the absolute right to
monitor the same at our sole discretion. In addition, we reserve the
right to alter, edit, refuse to post or remove any postings or content,
in whole or in part, for any reason and to disclose such materials and
the circumstances surrounding their transmission to any third party in
order to satisfy any applicable law, regulation, legal process or
governmental request and to protect ourselves, our clients, sponsors,
users and visitors.
We
occasionally include access to an online community as part of our
programs. We want every single member to add value to the group. Our
goal is to make your community the most valuable community you’re a
member of. Therefore, we reserve the right to remove anyone at any
time. We rarely do this, but we want to let you know how seriously we
take our communities.
Registration
To
access certain features of the Site, we may ask you to provide certain
demographic information including your gender, year of birth, zip code
and country. In addition, if you elect to sign-up for a particular
feature of the Site, such as chat rooms, web logs, or bulletin boards,
you may also be asked to register with us on the form provided and such
registration may require you to provide personally identifiable
information such as your name and email address. You agree to provide
true, accurate, current and complete information about yourself as
prompted by the Site’s registration form. If we have reasonable grounds
to suspect that such information is untrue, inaccurate, or incomplete,
we have the right to suspend or terminate your account and refuse any
and all current or future use of the Site (or any portion thereof). Our
use of any personally identifiable information you provide to us as
part of the registration process is governed by the terms of our
Privacy Policy.
Passwords
To
use certain features of the Site, you will need a username and
password, which you will receive through the Site’s registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are responsible for all activities (whether
by you or by others) that occur under your password or account. You
agree to notify us immediately of any unauthorized use of your password
or account or any other breach of security, and to ensure that you exit
from your account at the end of each session. We cannot and will not be
liable for any loss or damage arising from your failure to protect your
password or account information.
Limitation
of Liability
UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE,
OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING
OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR
SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE
AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR
LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR
AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE
LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE
SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS,
SERVICES AND/OR MATERIALS COMPANY
IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER,
AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A
FINANCIAL ADVISOR.
WE
EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION
CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL
INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS
INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR
SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT,
RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. OUR
INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN
SECURITIES OR OTHER INVESTMENTS.
WE
DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE
RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS
BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS
SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF
ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR
APPROPRIATENESS FOR ANY PURPOSE.
YOU
acknowledge and agrees that no representation has been made by LK and
RH Carter
OR ITS AFFILIATES and relied upon as to the future income, expenses,
sales volume or potential profitability that may be derived from the
participation in THIS PROGRAM.
Termination
We
may cancel or terminate your right to use the Site or any part of the
Site at any time without notice. In the event of cancellation or
termination, you are no longer authorized to access the part of the
Site affected by such cancellation or termination. The restrictions
imposed on you with respect to material downloaded from the Site, and
the disclaimers and limitations of liabilities set forth in these Terms
of Service, shall survive.
Refund
Policy
Your
purchase of a product or service or ticket to an event may or may not
provide for any refund. Each specific product, service, event or course
will specify its own refund policy.
Other
The
Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse
for copyright owners who believe that material appearing on the
Internet infringes their rights under the U.S. copyright law. If you
believe in good faith that materials hosted byLK and RH Carter infringe
your copyright, you, or your agent may send to LK and RH Carter
a notice requesting that the material be removed or access to it be
blocked. Any notification by a copyright owner or a person authorized
to act on its behalf that fails to comply with requirements of the DMCA
shall not be considered sufficient notice and shall not be deemed to
confer uponLK and RH Carter actual knowledge of facts or circumstances
from which infringing material or acts are evident. If you believe in
good faith that a notice of copyright infringement has been wrongly
filed against you, the DMCA permits you to send toLK and RH Carter a
counter-notice. All notices and counter notices must meet the then
current statutory requirements imposed by the DMCA; see
http://www.loc.gov/copyright for details.LK and RH Carter ’s Copyright
Agent for notice of claims of copyright infringement or counter notices
can be reached as follows: RHandLKCarter@gmail.com
This
Agreement shall be binding upon and inure to the benefit of LK and RH
Carter
and our respective assigns, successors, heirs, and legal
representatives. Neither this Agreement nor any rights hereunder may be
assigned without the prior written consent ofLK and RH Carter.
Notwithstanding the foregoing, all rights and obligations under this
Agreement may be freely assigned by LK and RH Carter to any affiliated
entity or any of its wholly owned subsidiaries
These
Terms of Use shall be governed by and construed in accordance with the
laws of the State of Queensland, Australia and any dispute shall be
subject to binding arbitration in Queensland, Australia. If any
provision of this agreement shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any
remaining provisions.
Disclaimer
Although
it is highly unlikely, this policy may be changed at any time at our
discretion. If we should update this policy, we will post the updates
to this page on our Website.
If you have
any questions or concerns regarding our privacy policy please direct
them to: LKandRHCarter@gmail.com
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