Use of the Site + Service
To access or use the Site, you must be thirteen (13) years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of thirteen (13) are prohibited from using the Site.
Information provided on OWA’s Services related to organizing, organizational systems, product descriptions, pricing, and other information are subject to change. We endeavor to describe and display our Services as accurately as possible. While we try to be as clear as possible in explaining the Services, OWA may, from time to time, have to correct errors in pricing and product descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
OWA makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. You understand and agree that the Services are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
In order to use the Services, you are required to provide information about yourself, including your billing information, name, email address, username and password, and other personal information. You agree that any registration information you give to OWA will be accurate, correct, and up-to-date. You must not impersonate someone else or provide account information or an email address other than your own. You may not permit anyone else to use your account to access OWA’s Services, including resources provided by third parties that OWA makes available.
Except as necessary for the purposes of participating in the Services, you may not copy, share or distribute Content you obtain from the Services, or from other online resources or third party sites that OWA makes available. It is a violation of these Terms for anyone to access OWA’s computer resources, or any data contained therein, without OWA’s express authorization. You are responsible for maintaining the security of your account access credentials (including your username, password, and any other names, numbers, or codes used to access resources on or through OWA’s Services), and you are responsible for any unauthorized use of your account. You agree to use reasonable measures to protect the security of your account access credentials, and to prevent unauthorized access to OWA’s Services, any other computer resources, and any data contained therein.
OWA reserves the right to refuse service to you or any third party without obligation to assign reason for doing so. OWA reserves the right to limit the number of users participating in its Services, including any given online program or workshop. OWA may terminate, change, suspend, or discontinue the Services (including, without limitation, the availability of any feature, database, or Content) or your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services and related Content.
You may not use OWA’s Services for any illegal or unauthorized purpose. Unauthorized use or modification of the Services may result in criminal and/or civil prosecution. You may not use the Services for anything other than a lawful and legitimate educational purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You agree to be financially responsible for all purchases made by you or a third party acting on your behalf through the Site. You agree to use the Site and to purchase Services or products through the Site for legitimate and non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, including any intellectual property rights of another person, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or which provides instructions, encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
We will email you to confirm the placement of your order and with details concerning your product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. If you’ve signed up for a monthly subscription to our Services, the subscription renews automatically and your credit card will be charged the fees stated at the time of purchase (or the introductory rate during our introductory period). Prices may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.
If you have signed up for an online program or workshop, confirmation that we have received your order and payment does not constitute acceptance into the program or workshop. We will email you separately to confirm that you have been accepted into the program or workshop.
Refunds & Returns
OWA offers a 100% satisfaction guarantee to users who complete 100% of the FastPace Program (“Program”). If you are not satisfied with your purchase of the Program, you can request a refund by contacting firstname.lastname@example.org within seven (7) days of fully completing the Program.
Only regular priced items, including the Program, may be refunded. If you choose to enroll in a payment plan to make a purchase, no refunds shall be granted and you agree to make the full payments remaining under the plan. In the event of any invalidated methods of payment or outstanding debts, OWA reserves the right to claim the amount owed from your heirs, executors, administrators, agents and assigns, and all other persons, firms or corporations liable or, who might be claimed to be liable, for this amount.
After your refund is successfully processed, all downloaded materials, videos, and Content from the use of the Program must be destroyed. This includes any images or digital implementations of any form on your computer, server, or possession of the Program.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify OWA from any claim that arises from your posting of Materials to the Site.
For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties. OWA reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the Site or that appears to violate these Terms.
Our Intellectual Property
All content provided on the Site and in the Service, including all products and all online class and workshop materials are the intellectual property of Organize With Amanda, LLC. The content of the Site and Service are protected by United States trademark, trade dress and copyright law.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any Content from the Site or Services, in whole or in part, without OWA’s prior written consent. You may not remove any trademark, copyright, or other notice from the Content of the Site or Services. We reserve the right to immediately remove you from OWA’s Services, without refund, and to pursue all available legal remedies against you if in violation of OWA’s intellectual property rights.
OWA reserves the right, at its sole discretion, to modify or replace any of these Terms on OWA’s website. OWA may also impose limits on certain features and Services or restrict access to parts or all of the Services without notice or liability. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Services. Additionally, OWA is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; or (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if OWA has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall OWA’s total liability to you exceed the total purchase price of the Service you have purchased from OWA, and if no purchase has been made by you, OWA’s total liability to you shall not exceed $50.
Third Party Resources
The Site and Services contain links to third party websites and resources solely for your convenience. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with OWA. You acknowledge sole responsibility for and assume all risk arising from your use of any third party websites or resources.
You agree to indemnify and hold OWA harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to (i) your use or misuse of, or access to, the Services or use of the Services, (ii) a violation of the Terms of this agreement, any applicable law or regulation, or the rights of any third party, by any person using your account or username; (iii) your Content; or (iv) (a) your interaction with OWA users, contractors, employees, affiliates, or agents on OWA’s Services, or (b) your attending an event learned about on OWA.
Liability for any uploaded Content by you includes, but is not limited to, any injuries, losses, or damages of any kind arising in connection with or as a result therefrom. You shall provide us with such assistance, without charge, as we may request in connection with any defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Organize With Amanda, LLC
18141 Romelle Ave.
Santa Ana, CA 92705
This agreement shall be construed in accordance with, and governed by, the laws of the State of California, without regard to any conflict of laws, rules, or principles. The exclusive venue for any arbitration or court proceeding based on or arising out of this agreement shall be in Orange County, California.
You and OWA agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which we agree. We further agree that our respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
PLEASE REVIEW-IMPORTANT-AFFECTS YOUR LEGAL RIGHTS:
1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL.
2. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER OR ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
3. DISCOVERY AND ANY RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute or otherwise (including interpretation and scope of this Arbitration Clause, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to your access, use, or purchase of our Services and/or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose one of the following arbitration organizations and its applicable rules: the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605) (www.adr.org), or any other organization that you may choose subject to OWA’s approval. You may get a copy of the rules of these organizations by contacting the arbitration organization or visiting its website.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law in making an award. The arbitration hearing shall be conducted in the federal district in which you reside. OWA will advance your filing, administration service or case management fee and your arbitrator or hearing fee all up to a maximum of $2,500, which may be reimbursed by decision of the arbitrator at the arbitrator’s discretion. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this Arbitration Clause, then the provisions of this Arbitration Clause shall control. The arbitrator’s award shall be final and binding on all parties, except that in the event the arbitrator’s award for a party is $0 or against a party is in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel. The appealing party requesting new arbitration shall be responsible for the filing fee and other arbitration costs subject to a final determination by the arbitrators of a fair apportionment of costs. Any arbitration under this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. Section 1 et seq.).
You and we retain any rights to self-help remedies. You and we retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies or filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Clause shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case which class action allegations have been made, the remainder of this Arbitration clause shall be unenforceable.
You and OWA hereby agree to the binding Arbitration Clause as set forth above.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Effective: November 2015