Terms of Service

FEARCE MOVEMENT LLC – TERMS OF SERVICE

Last updated: 15 February 2024

1. INTRODUCTION

1.1. The following Terms of Service are entered into by and between You and FEARCE Movement LLC, duly incorporated under the laws of Delaware, United States, and FEARCE Leadership (Pty) Ltd, duly incorporated in terms of the laws of South Africa (“Company”, “we”, or “us”). Depending on where you are located, the relevant entity for purposes of this Agreement will be the entity from which you receive your invoice.

1.2. The following Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and the use of www.alexiausgaard.com including any content, functionality, Programs and services offered on or through www.alexiausgaard.com (the “Website”), whether as a guest or a registered user.

1.3. Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service, if this option is made available to you, you accept and agree to be bound and abide by the Terms of Service and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Service including the agreements incorporated by reference herein, please do not access or use the Website nor should you partake in any of the Programs as listed below.

1.4. This Website and/or any Programs are offered to and are available to users who are 18 years of age or older. By using this Website and/or any Programs, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website and/or any Programs.

1.5. You hereby accept that the following Terms and Conditions are applicable to the Company, and the following Programs, masterminds and courses created and promoted by the Company from time to time, inclusive of, but not limited to, any related content or material to the undermentioned programs, masterminds, and courses (Programs):

1.5.1. The Empress Entrepreneur Digital Course;

1.5.2. The Empress Entrepreneur Mastermind;

1.5.3. The Empress Start-Up Kit. 

2. CHANGES TO THE TERMS OF SERVICE

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and/or any Programs thereafter. Your continued use of the Website and/or any Programs following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. PRIVACY

Your use of the Website is also subject to the Company’s privacy policy which is accessible on the Website. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Service.

4. DISCLAIMER

Your use of the Website and/or any Programs is also subject to the Company’s disclaimer which is also accessible on the Website. Please review our Disclaimer, which also governs the Website and/or any Programs and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Service.

5. ACCESSING THE WEBSITE AND ACCOUNT SECURITY

5.1. We reserve the right to withdraw or amend this Website and/or any Programs and any service or material we provide on the Website and/or any Programs in our sole discretion without notice. We will not be held liable if for any reason all or any part of the Website and/or any Programs is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website and/or any Programs, or the entire Website and/or any Programs, to users, including registered users.

5.2. To access the Website and/or any Programs or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and/or any Programs and any resources downloaded from the Website that all the information that you provide on the Website and/or any Programs is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

5.3. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website and/or any Programs or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

5.4. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if in our opinion, you have violated any provision of these Terms of Service.

6. NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY

6.1. You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Service. Should you have signed up for a Program legitimately, you are granted a non-exclusive, non-transferable, revocable license to utilize the Program and any material that is part of the Program in accordance with the principles of fair use and not for any reason other than for what is intended by the Program. Under no circumstances may you use the Website and/or any Programs and any material thereto for your own commercial use. You acknowledge that the any use of the Website and/or any Programs and any material thereto other than for your own personal use, shall result in a material breach of these Terms and Conditions and you shall be held liable for direct and/or indirect and/or consequential damages. 

6.2. As a condition of your use of the Website and/or any Programs, you warrant to the Company that you will not use the Website and/or any Programs or any of the resources available for download from the Website and/or any Programs for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Website and/or any Programs or any of the resources available for download from the Website and/or any Programs in any manner that could damage, disable, overburden, or impair the Website and/or any Programs or interfere with any other party’s use and enjoyment of the Website and/or any Programs. You may not obtain or attempt to obtain any materials or information related to the Website or Products through any means not intentionally made available or provided for through the Website and/or any Programs.

6.3. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website and/or any Programs, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

6.4. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website and/or any Programs or any of the resources available for download from the Website and/or any Programs.

6.5. The Company content is not for resale. Your use of the Website and/or any Programs or any of the resources available for download from the Website and/or any Programs does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms of Service.

6.6. The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company and/or its affiliates and/or licensors. You must not use such trademarks without the prior written permission of the Company. All other names, logos, product, and service names, designs, and slogans on this Website and/or any Programs are the trademarks of their respective owners.

7. FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

As set forth more fully in the Disclaimer, the information contained on this Website and/or any Programs and the resources available for download through this Website and/or any Programs are for educational and informational purposes only. The information contained on this Website and/or any Programs and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

8. ACCURACY AND PERSONAL RESPONSIBILITY

8.1. As set forth more fully in the Disclaimer, we have taken reasonable action to ensure that the information provided on this Website and/or any Programs and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website and/or any Programs or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

8.2. By using this Website and/or any Programs, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website and/or any Programs or the resources available for download from this Website and/or any Programs. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended on this Website and/or any Programs.

9. NO GUARANTEES AS TO RESULTS

9.1. As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website and/or any Programs or any Program or elsewhere. The Company provides educational and informational resources that are intended to help users of this Website and/or any Programs succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. 

9.2. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or past clients of the Company or otherwise – applying the principles set out in this Website and/or any Programs are no guarantee that you or any other person or entity will be able to obtain similar results.

10. NO GUARANTEES OR REPRESENTATIONS AS TO ACTUAL EARNINGS

10.1. Any earnings or income statements or examples shown through our website are only estimates of what might be possible now or in the future. There can be no assurance as to any particular financial outcome based on the use of our programs, courses, kits, or content related to courses displayed on this website. You agree that we are not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through this website. You agree that you are solely responsible for your results be they, including but not limited to, financial, client acquisition, deal volumes or deal values. 

10.2. Running an online business carries risks, and your use of any information contained on this website is at your own risk. Subject to our Program Refund Policy, we provide content without any express or implied warranties. By continuing to use this website and subscribe to, purchase or opt into any programs, courses or tool kits on this Website, you agree that we are not responsible for any decision you may make related to your business or otherwise regarding any information presented on this website and/or as a result of purchasing any of our products or services located on this website or any social media page. 

11. HEALTHCARE DISCLAIMER

11.1. The Company’s services and products are not intended to diagnose, treat, or cure any psychological or medical conditions.  Our Website and/or any Programs and services may include information and instruction relating to psychological and overall emotional and mental well-being, nutritional supplement suggestions, exercise and fitness, and some of the products and services available through our Website and/or any Programs relate to such topics for informational purposes only. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products, and services.

11.2. Before participating in any diet or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through our Website and/or any Programs and/or the services, we strongly recommend that you consult with a physician or other professional healthcare provider before beginning any services or trying any products. The Company, its staff and the content-providers are not licensed medical care or healthcare providers and are not rendering personal medical and/or psychological advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical or mental health conditions of any kind, or in determining the effect of psychological or any wellness services or any specific exercise or diet supplement on a medical condition. 

11.3. Our Website and/or any Programs, including all content thereon, and the services are not meant to be substitutes for medical advice from your physician or health care provider or any information contained on or in any product packaging or label.  The Company makes no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained on our Website and/or any Programs or the online courses. You are advised that health advice is often subject to updating and refining due to medical research and developments. We will take reasonable steps to provide you with relevant information, however, we make no guarantee that the information herein is the most recent on any particular subject. 

11.4. You should never disregard medical advice or delay seeking it because of a statement you have read on our Website and/or any Programs and/or heard in our services. Our Website and/or any Programs and the services should not be used in lieu of advice given by qualified medical professionals such as your physician, psychologist, or registered dietitian. It is important that our Website and/or any Programs and the services offered by us are used only in conjunction with qualified medical guidance. 

11.5. Based on the foregoing, nothing contained on the Website and/or any Programs or other products and Programs or services offered by us should be construed as any form of such medical advice or diagnosis. Without limiting anything set forth herein, you expressly waive and release any claim that you may have at any time for injury of any kind against the Company, or any person or entity involved with or employed by the Company, including without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.

12. EMAIL AND OTHER ELECTRONIC COMMUNICATIONS

12.1. Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, constitute communications be in writing.

12.2. We would be pleased to communicate with you by email, and there are various places on this Website that provide you with the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of any legal process.

13. USE OF COMMUNICATION SERVICES

13.1. The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group of people (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are legally compliant, proper and related to the particular Communication Service.

13.2. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; and/or violate any applicable laws or regulations.

13.3. The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

13.4. The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

13.5. Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized as the Company spokespersons and their views do not necessarily reflect those of the Company.

13.6. Materials uploaded to a Communication Service may be subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

14. MATERIALS PROVIDED TO THE WEBSITE

14.1. The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy; distribute; transmit; publicly display; publicly perform; reproduce; edit; translate and reformat your Submission, and; to publish your name in connection with your Submission.

14.2. No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

14.3. By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

15. LINKS TO THIRD PARTY WEBSITES AND SERVICES

15.1. The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

15.2. Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

16. USE OF TEMPLATES AND FORMS

16.1. The Company may from time to time provide various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

16.2. By ordering or downloading Forms, you agree that the Forms you purchase, or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

17. USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL

17.1. The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive,
non-transferable license to use our courses, programs, and associated material (collectively the “Programs”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Programs in any manner.

17.2. By ordering or participating in Programs, you agree that the Programs you purchase, or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

17.3. By ordering or participating in Programs, you further agree that you shall not create any derivative work based upon the Programs and you shall not offer any competing products or services based upon any information contained in the Programs.

17.4. When being part of, or gaining access to any Program, you agree that:

17.4.1. Not to infringe any Program participants or the Company's copyright, trademark, patent, trade secret or other intellectual property rights;

17.4.2. That any Confidential Information shared by Program participants, or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;

17.4.3.Not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;

17.4.4. That all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;

17.4.5. The reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;

17.4.6. While you are free to discuss your individual results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence; and

17.4.7.That if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

18. SPECIFIC TERMS RELATED TO PROGRAMS, COURSES AND ASSOCIATED MATERIAL

18.1. The Empress Entrepreneur Mastermind

18.1.1. This is a 6-month Program; 

18.1.2. Clients who are resident or domiciled in Africa may gain access to discounts from time to time, at the sole discretion of the Company; 

18.1.3. This Program may offer scholarships to deserving candidates, in the sole direction of the Company. Such scholarships are non-transferable and non-assignable. 

18.1.4. Candidates who receive a Scholarship set out in clause 8.1.3 above, must commit to completing the entire Program within the allotted time. 

18.1.5. Clients are obligated to adhere to the payment terms agreed upon with the Company. Payment options include a single upfront payment or monthly installments. The selection between these two payment methods will be agreed in writing and is determined on a case by case basis.

18.1.6. Upon executing this agreement, you acknowledge that no pauses or suspensions of payments will be permitted for any reason, including business cessation or withdrawal from the Program. The Company reserves the exclusive right to grant any pauses or suspensions.

19. USE OF FREE DOWNLOADABLE CONTENT

19.1. The Company provides various resources on this Website, which users may access by providing an email address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address
(the “Free Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Content in any manner.

19.2. By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

19.3. By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content.

20. GUESTS

The Company may, from time to time, provide information from a third party in the form of a guest interview on YouTube, interview on another platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests. Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights, they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

21. CANCELLATION / REFUND POLICIES

21.1. By entering into this agreement, you acknowledge that all payments are non-refundable, except at the Company's discretion. The Company may, on a case-by-case basis, decide to issue a refund under circumstances it deems exceptional. 

21.2. If you receive a refund of any purchase of any Program, the proof of payment of the refund shall immediately terminate any and all licenses and rights granted to you to use the material provided to you under these Terms of Service or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings; audio recordings; forms; template documents; slide shows; membership areas; social media groups limited to paying members, and; other resources.

22. NO WARRANTIES

The Company makes no warranties regarding the performance or operation of this Website and/or any Programs. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this Website and/or any Programs. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

23. LIMITATION OF LIABILITY

23.1. You agree to absolve the Company of any and all liability or direct or indirect loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this Website and/or any Programs and/or the resources you may download from this Website and/or any Programs. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this Website and/or any Programs. You hereby acknowledge that you use this Website and any Programs at your own risk. 

23.2. The information, software, products, and services included in or available through the Website and/or any Programs may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes on the Website and/or any Programs at any time.

23.3. The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website and/or any Programs for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

23.4. To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website and/or any Programs, with the delay or inability to use the Website and/or any Programs or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website and/or any Programs, or otherwise arising out of the use of the Website and/or any Programs, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website and/or any Programs, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Website and/or any Programs.

24. ARBITRATION

24.1. You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website and/or any Programs, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

24.2. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur at the exclusive discretion of the Company in Cape Town, South Africa. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

25. INTERNATIONAL USERS

The Service is controlled, operated and administered by the Company from our offices registered in the State of Delaware, United States and operated from Cape Town, South Africa and California, United States. You are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website and/or any Programs in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

26. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website and/or any Programs or services, any user postings made by you, your violation of any terms of this Agreement or any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

27. TERMINATION AND ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate your access to the Website and/or any Programs and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website and/or any Programs or the Terms of Service pursuant to the Arbitration Clause above. Use of the Website and/or any Programs is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

28. NO JOINT VENTURE OR OTHER RELATIONSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website and/or any Programs. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website and/or any Programs or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

29. ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and/or any Programs and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website and/or any Programs. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

30. CHANGES TO TERMS

The Company reserves the right, in its sole discretion, to change the Terms and Conditions under which the Website and/or any Programs are offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

31. CONTACT US

31.1. We welcome your questions or comments regarding these Terms of Service.

31.2. This Website and/or any Programs are owned by and vest with FEARCE Movement LLC. 

If you have any questions or concerns regarding this Terms of Service, please email [email protected].