Terms Of Service

LANDER

Terms of Service

This document was last updated in 2020, and comes to you in 3 parts:

  1. Lander Academy Terms Of Service
    (8k words, 40 minute read time, and the one people will actually probably read. Has a summary section and is fairly straight forward)
  2. The Lander Gallery Terms Of Service
    (4k words, 20 minute read time, really just Colorado Springs city lawyers read this one…)
  3. The Extremely Thorough Lander Media General Terms Of Service For All Websites & All Related Assets
    (Another 8k words, 40 minutes again. This one includes the Lander Foundation, All Our Products & Services, TEDxColoradoSprings.org, and more)

Read them at your leisure and make sure to set aside an afternoon and bring a cup of coffee.

While you’re at it you may also reference our privacy policy which applies to all Lander sites, products, services, and online and offline assets as well.

Lander Academy

Terms Of Service, Earnings Disclaimers, and Safe Landing Guarantee Policy

 

A One-Page Summary For Humans

We are a small company that provides courses that change people’s lives for the better. To continue to do our work to the best of our abilities, we need to make sure we don’t get tied up in lawsuits with people who want to blame us for things that are not our responsibility. As you can see if you have ever scrolled through Facebook, people often have unrealistic views of how the world works and who is at fault for what, and sometimes they like to take it out on other people, or on companies, or brands. These terms allow us to develop clarity about who is responsible for what in your experience with Lander products, and deliver the best possible course experience for our students.

These terms are extremely boring, but we have made an unusual effort to make them accessible because the online course space is full of disappointments and we want to make sure we are being clear and upfront with our customers. Building a business is a difficult emotional journey and many people reach a point where they want to blame other people for their failures. You will at various times in the near future be surprised, disappointed, taken aback, delighted, curious how you can ethically proceed, and you will learn many new things. We hope our course will answer many of your questions, but we will not be responsible for your outcomes, success, or failure.

So with that in view, despite their boring nature, please read the entire terms in full now, and as a bonus, if you read these as you should before checkout, you will probably know upfront before buying if you are a good fit for the course. If these terms don’t sound reasonable to you, don’t buy the course. Thank you.

The terms in the full agreement below take precedence over this summary section, but for the sake of your sanity, in short, the agreement below (concerning Lander Academy specifically, and the Landing Workshop our flagship course especially) says this:

1 – Refunds The refund policy (unless you bought the mini-workshop or purchased during a sale with special terms) requires that you actually watch the entire course and do the required course activities. In the case of the Landing Workshop specifically as an example, we require that you send 200 emails. This is simply because we only want to work with people who make moves rather than making excuses. Building a business isn’t easy, and the process won’t always be comfortable, nor will it meet your expectations.  If you prefer making excuses or are otherwise uninterested in personal and professional growth, don’t buy the course. If you still don’t get the results you’d like after doing what is in the course, and it’s been less than 30 days, you may request a refund. If your refund is granted in full or in part, your payment plan will be canceled or discounted in full or in part as well. Refunds are most often granted in part, not in full. We are under no obligation at any time or for any reason to offer you a refund or cancel your payment plan, and if you are not comfortable with the decision being made at Lander’s sole discretion, do not buy the course or our services.

2 – Payment You are liable for the entire amount of your payment plan if you select one. If you are not comfortable with anything in these terms, do not purchase the course. Do not purchase a course you can’t afford. We are not in the business of issuing refunds on whims, and our course is not a place to park your money. You should not work with people you do not trust in the first place, and we doubt you will get much value from a course you don’t trust. If you aren’t willing to take responsibility for your own outcomes, don’t buy the course, it won’t work for you anyway. Our prices change, sometimes without notice, but once you’ve purchased a course obviously your price is locked in.  If you don’t want to worry about monthly payments, take advantage of the discounted version of the course by buying it all at once.

Again for Absolutely Outrageous Levels Of Clarity: If your purchase decision relies on your understanding of something someone said to you at some time and you would not purchase these course after accessing only the terms as you have read and agreed to them here, do not purchase any of our products or services.

3 – Our Copyright, Your Release: We own all the content in the course, and it is copyrighted. You can’t copy, download, publish, or share it. Anything you post, share, or say to us on calls or in texts is ours to use for any commercial purposes, anywhere, forever.

4 – No Guarantees: None of our marketing or course content makes any guarantees, warrants, or promises of results. None of our case studies or testimonials are typical. Your results are your own responsibility, not ours. We are not liable for your results nor or we responsible for anything that occurs in your life before our after you have used this course. Our failure to uphold any part of this agreement or deliver on the course does not waive any part of the agreement below from being fully applicable and legally binding to you.

5 – Our Liability: We make no other guarantees, warrants, or claim of course accuracy, usefulness, availability, or uptime, nor do we take responsibility for the technical limitations of your devices. If you have any issue with the course, us, or your results, you are legally bound by using this website in the first place to try to settle the matter between us, and if we can’t do that, you are legally bound to arbitrate the matter before taking anything to court.

6 – Your Legally Binding Agreement To These Terms: By accessing any Lander courses, property, websites, or social media you agree that this agreement is the only legally binding agreement between us. If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website or our Products and Services, you should immediately discontinue the use of all Lander property & Social Media. These Terms remain in force and effect as long as you are a user of the Website and/or a registered user of our courses, mailing list, etc. In the event of termination of any membership, service, or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties, and limitations of liability.

We personally wish all terms of service were that up-front. We hope you enjoyed that summary. It is your responsibility to be familiar with the full terms below because you are legally bound by them, so make sure you have read them. Thank you!

The Fully Detailed Terms You Should Read From Time To Time

Quick Links:

1. General Overview

2. Refund Policy

3. General Provisions About Our Content

4. Your Behavior

5. Our Site Practices

6. Copyright

7. Binding Arbitration Agreement

8. General Agreement Notes

1. General Overview Terms & Your Responsibilities

This website is operated by Lander Photo, LLC doing business as Lander media (hereafter referred to: “Company,” “we,” “us,” or “our”), through our websites lander.media, lander.foundation learn.academy, and lander.gallery and all subdomains and associated domains (hereafter “Website“), offers products and services like marketing, photography, the Landing Workshop, Lander Academy courses, Lander Gallery, TEDxCOS, etc.(collectively, “Products and Services”), and from time to time may offer other products or services, for sale. Company offers Products and Services for sale subject to these Terms and Conditions of Use (the ”Terms”), which may be updated by us from time to time.

By accessing our Website and/or using our Products and Services in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using our Website, you agree to abide by any posted guidelines for all of our Products and Services, which may change from time to time, and to comply with all applicable laws, regulations, and rules.

If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website or our Products and Services, you should immediately discontinue use of the Website. These Terms remain in force and effect as long as you are a user of the Website and/or a registered user. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties, and limitations of liability.

You should periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our Products and Services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of Products and Services. You agree that Company is permitted to access and use any other information provided by you to provide Products and Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Products and Services we provided to you.

If you do not agree to these terms, do not use this website or access any other Lander property, including our social media. By using the website and agreeing to these terms, you confirm that you are at least 18 years old and that you are legally competent to enter into a contract.

2. Refund Policy

The 30 Day “Safe Landing” Refund Policy

We want to be crystal clear about the Lander Academy and all of its courses. None of what we offer is a get-rich-quick scheme. The Lander Academy is not a magic bullet.

You will have to work very hard to build a sustainable business for yourself or to learn anything we teach. Any quotes and results mentioned anywhere on our site or in our ads are not typical.

Do not infer that any examples are promises or guarantees of earnings or connections. We’re fully committed to helping you change your business and life, but we are not responsible for your outcomes.

Take action for 30 days, test-drive the program, try everything – if you’re not totally happy at the end of 30 days you can request a full refund. Simple. We will happily refund your money.

Important, though: To be eligible for a refund, we require you share your actions taken from all available modules, as detailed in the refund section below. Yes, this means you must actually work and take action.

Why? Because we have seen that if you take action and do the work, you’ll get results. Period. If you do the work and don’t get value, then we don’t deserve your money.

We put a tremendous amount of time and energy into this program. You need to match that energy. Success in this program requires that you take consistent, focused action.

Any refund request must be submitted in writing to [email protected] within 30 days of purchase, and other terms apply is detailed below.

Detailed Cancellation and Refund Policy

All Lander Academy course sales made are subject to the following official Safe Landing Refund Policy

To Be Eligable For Consideration Of a Refund for the Landing Workshop, You Must First:

  1. Watch and complete all course content (Up to 15 hours of video & written content in our longest course)
  2. Be a member of the Lander Academy FB group & Course Community Page (if there is one) and contribute a comment, question, update OR success story AT LEAST once a week.
  3. Show us evidence of at least 200 emails sent in the style we suggest over the course of less than 1 month
  4. Show us that you followed up within a week of sending at least half of the emails you sent.
  5. Show us your Smart Goal for the course and send a picture of where you posted it that you can see it each day.

If all the criteria above have been met in an email sent to [email protected] within 30 days of purchase, you may request a refund. Most often, we will issue a partial refund instead of a complete refund.

For all other Landing Academy courses (unless otherwise stated at checkout that there is no refund):

You have 30 days after the date of purchase to request that we fulfill the Safe Landing 100% money-back guarantee, provide the evidence of work completed necessary if that course requires it, and cancel your payment plan if applicable. After 30 days, your request for a refund is no longer valid. If you do not qualify for a refund, do not cancel your payment plan.

If payment for a course is declined or canceled, our system may automatically (or we may manually) disable access to our 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. If you select a payment plan, you are obligated to pay all of the payments on time and in full otherwise, access to the account may be immediately be suspended and we reserve the right to legal recourse to recover the remainder of the cost of the course you purchased as indicated on your receipt.

To request a refund, contact Customer Service via [email protected] during regular business hours. Customers ineligible for a refund may still be granted a partial refund at our sole discretion. We are not liable for any refund amount due to technical problems on your computer or other devices, including but not limited to: printer malfunction, inability to install Adobe Acrobat Reader, and/or problems due to Internet connectivity.

Refunds may not be issued in full, but instead may be issued as discounts or adjustments to existing payment plans, again, at Lander’s sole discretion.

3. General Provisions About Our Content

Any advice or information on this website is general advice only – It does not take into account your personal circumstances.

Do not rely on this information for your financial wellbeing or for anything else. By viewing any material or using the information within this site you agree that this is general education material and you will not hold any person or entity responsible for loss or damages resulting from the content or general advice provided here by Lander Media, it’s employees, directors, contractors, assigns, or fellow students, members, or other stakeholders. Running your own business is an exciting opportunity but is also potentially a large financial & time management risk. You must be aware of the risks and be willing to accept them in order to build your own business. Don’t buy any of the products or services we offer with money you can’t afford to lose. This website is neither a solicitation nor an offer to buy or sell financial products. No representation is being made that any student will or is likely to achieve profits or losses similar to those discussed in any material on this website. The past performance of any of our students or instructors is not necessarily indicative of future results of ourselves or our students.

General Earnings & Performance Disclaimer

Nothing in any of our advertising or website content should be taken as a guarantee or promise that you can achieve the same results in the future. The verbal, written, or audio-visual evidence of prior of future earnings or performance is not a guarantee or promise that any person or entity will achieve the same results or performance in their own lives.

Lander Media reasonably believes in good faith that the strategies can be used to build a successful business, but those decisions are your own responsibility and we are in no way liable for losses or damages arising from your personal decisions or actions. At no point has any guarantee or promise been made that profits or earnings will arise by following or implementing the course content or the concepts taught therein. No guarantee is made that similar results will occur to the Author’s. Interpretation plays a role in all learning, so what you believe is an opportunity may be different to another person’s view. Lander Media will not accept blame for loss or damages arising from any misunderstandings, problems, losses or gains resulting from any misinterpretation of our instruction.

General Limitations of Liability and Damages

You agree that company’s legal liability, including the liability of its affiliates, officers, directors, shareholders, employees or agents, for any claim made by you arising out of your use of the website or purchase of products or services offered thereon shall be limited $0, except as provided in the arbitration section of this agreement. Under no circumstances will special, incidental, consequential or punitive damages be awarded, even if we have been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion may not apply to you.

More details on our Indemnity later in this document.

4. Your Behavior

Your License To The Site

Access to the Website and Restrictions on Your Use

Company grants you a limited, revocable, nonexclusive, non-transferable license to access our Website and use our Products and Services for your own personal use only. You may not download or modify any portion of the Website except as expressly permitted by Company. No Materials (as defined hereinbelow) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms results in the automatic termination, without notice, of your license to access the Website and also may constitute the infringement of Company’s copyright, trademark and/or other rights.

You agree not to access or try to access any computer system of Company, its programs or its data that are not made available for public use. Except as expressly stated herein, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of Company or any third party, in connection with your use of the Website and any Materials provided by Company or any third party on the Website. Elements of the Website, including custom graphics, images, logos, page headers, sounds, button icons, and the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.

You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;

  • You will not upload, post, email, transmit or otherwise make available any content that:
  • Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity or is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity) or discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
  • You will not stalk, threaten, or otherwise harass another person
  • You will not spam or use the Websites to engage in any commercial activities
  • If you post any content, you will stay on topic
  • You will not access or use the Websites to collect any market research for a competing business;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
  • You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on our Websites
  • You will let us know about any inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know.
  • We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.

You also agree that you will not do any of the following:

a. Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.

b. Circumvent, disable or interfere with the security of the Website or features that prevent, limit or restrict use or copying of the Website or any Materials.

c. Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.

d. Transmit any software or other materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs or other destructive or harmful items.

e. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to derive any source code or underlying ideas or algorithms on the Website.

f. Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.

g. “Frame” or “mirror” the Website or any part.

h. Use the Website or any Materials for any unlawful purpose.

i. Spam or flood.

j. Resell or make commercial use of the Website or Materials, or (b) make any derivative use of the Website or Materials.

Our License To Content You Share With 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: 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 to Company from their creation. Thus, Company 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, as Company 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 to Company 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 Company has the right but not the obligation to use and display any postings or contributions of any kind and that Company may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Purchasing Products or Services Featured on our Website

Company takes reasonable precautions to try to ensure that any prices quoted on the Website are correct and to describe the items available on the Website as accurately as possible. However, when ordering Products or Services featured on the Website, please note that the Company does not warrant that product and service descriptions are accurate, complete, reliable, current, or error-free. If a Product or Service described on the Website is not as described when you receive or use it, you should contact our customer service department at [email protected]

Compliance With Laws

You agree to comply with all applicable federal, state and local laws, regulations, rules, and ordinances regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.

Your Warranties & Representations

You warrant, represent and agree that, by using the Website and/or the Products or Services, you have carefully read and considered these Terms and fully understand its contents, (ii) are consenting to these Terms of your own free will, based upon your own judgment and without any coercion or fear of retaliation, and (iii) you have had a chance to consult independent legal counsel with respect to these Terms.

In the event that you breach these Terms, Company will, in addition to all other available remedies, be entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction.

Business relationships

This Website may provide links or references to non-Company Websites and resources. Company makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Company Websites or third-party resources that may be referenced, accessible from, or linked to any Company site. In addition, Company is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Company site. When you access a non-Company Website, even one that may contain the Company-logo, please understand that it is independent from Company, and that Company does not control the content on that Website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.

Linking to this site

Company consents only to links to this Website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Company; (c) imply that Company approves or endorses you, your Website, or your service or product offerings; and (d) present false or misleading impressions about Company, the Company solution or otherwise damage the goodwill associated with the Company name or trademarks. As a further condition to being permitted to link to this site, you agree that Company may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease any related use of Company trademarks.

Confidential Information

Company does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to Company will be deemed NOT to be confidential. By sending Company any information or material, you grant Company an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Company for the purpose of receiving products or services will be handled in accordance with our Privacy Terms.

5. Our Site Practices

Disclaimer of warranty

Use of this site is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. The company collaboration expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Company collaboration makes no warranty or guarantee that this website will be uninterrupted, timely, secure, or error-free.

You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services from this website, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

Additional Disclaimers of Warranties & Guarantees With Respect to Use of Website and Products and Services

The website and all products and services featured on it are provided on an “As is” and “As available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, the company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.

While the company uses reasonable efforts to include accurate and up to date information on the website, the company does not make any warranty that the website will meet your requirements, or that access to the website will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. The company makes no warranties as to the results that may be obtained from the use of the website or the products and services featured thereon, or as to the accuracy, quality, or reliability of any information obtained through the website.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

No advice or information, whether oral or written, obtained by you from the company or through the website shall create any warranty not expressly made herein.

Content Accuracy Disclaimer

From time to time, this Website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Website and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Website.

If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use.

Content Effectiveness Disclaimer

The company and its owners, principals, representatives and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, products, services, or materials on the website. While the company strives to keep the information on the website and on the featured products and services accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the website and in products and services featured on the website.

Your use of the website is subject to any additional disclaimers and caveats that may appear throughout the website and with products and services featured by us.

Our Content may contain references or links to materials from third-parties. Reference to any products, services, processes or other information, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or imply any affiliation with, nor relationship to with the company.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Content Availability Disclaimer

Information Company publishes on the Internet may contain references or cross-references to Company solution products, programs and services that are not announced or available in your country. Such references do not imply that Company intends to announce or make available such products, programs, or services in your country.

Indemnity

You agree to defend, indemnify, and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Website or our Products and Services, your violation of the Terms, or your breach of any of your acknowledgments, agreements, representations, warranties, and obligations herein.

You acknowledge that the company has set its prices and has provided access to the website in reliance on these limitations of liability and damages and the indemnity in these terms and that those limitations are an essential basis upon which the company provides its website and offers its products and services. You agree that the limitations of liability and damages and the indemnity in these terms survive and apply even if found to have failed of their essential purpose.

Neither the Company nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. The company does not warrant or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. The company likewise does not warrant or make any representations or guarantees that you will earn any money using the site or the company’s technology or services. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, techniques; your execution of your business plan; the time you devote to the program, ideas and techniques offered and utilized; as well as your finances, your knowledge, and your skill. Since these factors differ among all individuals, the company cannot and does not warrant or make any representations or guarantees regarding your success or income level. The company does not warrant that the use of the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. The company shall not be responsible for any performance or service problems caused by any third-party website or third-party service provider. Any such problem shall be governed solely by the agreement between you and that provider.

Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

You agree to indemnify and hold Lander Media, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, made by any third party due to or arising out of or in connection with any user content or content you post or share on or through the Website, your use of the Service or the Website, your conduct in connection with the Service or the Website or with other users of the Service or the Website, or any violation of these Terms or of any law or the rights of any third party.

Lander Media does not warrant the accuracy, completeness or timeliness of any of the material on this site, and the material should be confirmed from other sources. Any projections are estimates only and may not be realized.

The material on this site does not constitute either an offer or invitation from Lander Media or a securities recommendation by Lander Media to buy or sell securities or any other financial products.

Nothing on this site constitutes personal financial advice. The material on this site does not take into account personal circumstances and needs of any particular person. Before making any investment decisions, you should consider your own personal circumstances.

Except for liability which cannot legally be excluded, Lander Media excludes all liability (including liability for negligence) arising from the use of any material on this site.

Liability which cannot legally be excluded is limited to the maximum extent possible. This site should not be used as a substitute for professional advice.

Pricing Errors and Omissions

Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that the Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted after it has been confirmed, or after your credit card has been charged.

Modification or Suspension of the Website

You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so.

Links to Third Party Sites

The Website may link to other websites that are independent of Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).

Privacy Policy

Company’s Privacy Policy, as displayed at Lander.Media/Privacy, is part of these Terms. Please read it, because you are agreeing that it applies to our collection and use of information from you.

6. Copyright

Ownership of Content & Applicable Copyright Law

The content of this site is Copyright © Lander Media. All original works and materials created by Lander Media are copyright and is not permitted to be copied or circulated without the authors/owners permission. The copyright extends to any materials, articles, videos, courses, forum posts, images, documents, emails or comments which fall under the same law of Copyright and original works. If you are in breach of these terms you are guilty of breaching copyright and will be legally liable in a court of law. Do not copy, distribute, edit, alter, steal or sell the copyrighted original works. Content on our various platforms, educational courses, pdf documents, videos, articles, forum posts, excel spreadsheets, blog posts, and blog comments are all original works and remain the property of Lander Media

Company owns and operates this Website. Company or third parties own all right, title and interest in and to the materials provided on this Website , including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the “Materials”). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, express or implied, of Company’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us.

All Website design, text, graphics, and the selection and arrangement thereof, are owned by Company. Copyright © 2020 Lander Media

Digital Millennium Copyright Act

If you are a copyright owner or an agent and believe that any Material or content on this Website infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material

d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated agent to receive notifications of claimed infringement is: Lander Media 31 N Tejon St. Colorado Springs, CO 80904, Attn: DMCA Notice. Only DMCA notices should go to the agent; any other communications should be directed to our customer service department via our [email protected] email. We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

In order to contact Company regarding a complaint about the Website or Materials, please Contact Us.

7. Binding Arbitration Agreement

Dispute Resolution by Binding Arbitration

Please read this carefully. It affects your rights.

Summary:

Most of your concerns can be resolved quickly to your satisfaction by contacting [email protected]

In the unlikely event that Customer Service cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court.

Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. The American Arbitration Association (AAA) will serve as the arbitration provider. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, Company may pay you more than the amount of the arbitrator’s award and will pay your actual, reasonable attorney’s fees if you are awarded an amount greater than what Company offered you to settle the dispute before arbitration.

You may speak with your own lawyer before using this Website or purchasing any product or service, but your use of this Website and the purchase of any product or service constitutes your agreement to these Terms.

Arbitration Agreement Details

a. Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:

1). claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;

2). claims that arose before these or any prior Terms became effective;

3). claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and

4). claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to “Company,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Website and our products and services under these Terms or any prior agreements between us.

This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE OR CLASS ACTION OR ARBITRATION.

You acknowledge that use of this Website and/or purchase of products or services constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.

b. A party seeking arbitration under these Terms must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Company should be addressed to: [addressee and address, Attn: Notice of Dispute (the “Notice Address”). Company may send a written Notice to the electronic mail address that you provided when you created an account, if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we is entitled.

You may download or copy a form to initiate arbitration from the American Arbitration Association (“AAA”) website at:

http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820.

(There is a separate form for California residents, also available on the AAA’s website at:

http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.)

c. After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your total claim is for more than $75,000. If your total claim exceeds $75,000, the payment of all arbitration fees will be governed by the AAA rules. The filing fee for consumer-initiated arbitrations is currently $200, but this is subject to change by AAA, the arbitration provider. If you are unable to pay this fee and your total claim is for $75,000 or less, Company will pay the filing fee directly after receiving a written request at the Notice Address. Except as otherwise provided herein, Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse the AIC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

d. All arbitration proceedings will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA (collectively, the “AAA Rules”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1–800–778–7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide.

e. Unless Company and you agree otherwise, any arbitration hearings will take place in the county or parish of the contact address you submitted to us. If your total claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA Rules. If you choose to proceed either by telephone or in person, we may choose to respond only by written or telephonic response. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a telephone or in-person hearing. The parties agree that in any arbitration under these Terms, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which Company was a party. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based.

f. If the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected, then Company will pay you either the amount of the award or $2,000 (“the Alternative Payment), whichever is greater, plus the actual amount of reasonable attorney’s fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the ”Attorney’s Payment”). If we did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney’s Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney’s Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the valu