Points to highlight: Sell or distribute these tutorials only to your clients. Do not post them publicly. The Client Class is not liable for any actions your client takes after using the tutorials.
Terms and Conditions of Use
By accessing the materials found on this website, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, please refrain from using or accessing this site. The unique materials contained in this web site are protected by applicable copyright and trademark law.
Throughout these terms, the phrase “The Client Class” or “we” refers to the owner(s) of this website. The word “you” or “customer” refers to the user of these materials. The words “products” and “materials” refer to the training files the customer purchases from The Client Class.
This tutorial system is is designed solely for designers and developers who create websites with the Divi Theme by Elegant Themes. It is created to either:
- act as an additional supplement to their services;
- to replace their current end user training methods entirely.
To purchase and use The Client Class materials, you must be a designer or developer who is in a direct business relationship with any person who you give, sell, or allow the opportunity to access the tutorials (the “client”).
Because of these restrictions, you may not upload the tutorials to any platform where
- the general public;
- anybody who is not in a direct designer-client business relationship with you
can access the videos, such as, but not limited to, YouTube or an unrestricted or public-facing page on your own website.
Instead, you may upload the tutorials to a private video hosting platform such as Wistia and add them to your site on a password-protected page or a page that requires your client to be logged in to view the content.
Permission is granted to use The Client Class products for the purpose of educating your clients about their new websites. This is the grant of a license, not a transfer of title, and under this license you may not copy the product, sell the product to any person with whom you are not in a direct designer/developer-to-client relationship, or use the product for any public display (commercial or non-commercial). You may resell The Client Class products to your clients, and you are not required to use The Client Class branding to do this. Your clients are not given the right to sell or distribute the products in any way.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Client Class at any time. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
After purchasing training material from The Client Class, you will have the ability to review all of the materials’ content before using them with your clients. Because of this, you agree that you will make an informed decision about using the materials with your clients, and you agree that The Client Class is not responsible for the results of your clients’ actions. While we take precautions to ensure the quality and accuracy of our lessons, it is ultimately your responsibility to ensure that your clients can perform edits to their website correctly.
The materials on The Client Class website are provided “as is”. The Client Class makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Client Class does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall The Client Class be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability of use of the products provided, even if The Client Class or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing in The Client Class products may include technical, typographical, or photographic errors. While The Client Class makes efforts to keep its products and website materials up-to-date, accurate, and current, it does not warrant that any of the materials are always as such. The Client Class may make changes to the materials contained on its website at any time without notice.
The Client Class has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Client Class of the site. Use of any such linked website is at the user’s own risk.
Any claim relating to The Client Class’s website shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions.
You may contact The Client Class for a refund of your original payment within thirty days of your original purchase. Upon refund, your license to use the products is terminated. The maximum refund obtained from The Client Class shall not exceed the original purchase price of the product.
This license shall last as long as you use the products in compliance with this license, unless your license has been terminated by The Client Class. The Client Class may terminate this license if you fail to comply with any part of the agreement. In such event, or upon the issue of your refund, you agree to discontinue your usage of the product. At the time of termination, you also agree to destroy all course materials in your possession.
If any provision of this license is unenforceable, that provision’s status will not affect the validity of any of the other provisions included in this license.
The failure of either party to enforce any provision of this license shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
If you are taken to court due to the training materials, you agree to hold harmless, defend, and indemnify The Client Class from and against any claims or lawsuits, including any attorney’s fees that may arise.
This license represents the entire understanding between the parties with respect to its subject matter.
No Warranties; Limitation of Liability
THE CLIENT CLASS MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THAT THE MATERIALS WILL OPERATE ERROR-FREE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CUSTOMER’S ABILITY OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE PRICE OF THE DIRECT PURCHASE FROM THE CLIENT CLASS GIVING RISE TO SUCH DAMAGES, REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE OF THE PRODUCT.
THE CLIENT CLASS IS UNDER NO CIRCUMSTANCES TO BE HELD RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY THE CUSTOMER.
IN NO EVENT WILL THE CLIENT CLASS BE LIABLE FOR ANY DELAYS, INTERRUPTIONS, OR OTHER DRAWBACKS FROM THE APPLICATION OF THE MATERIALS ACCESSED VIA THE CLIENT CLASS MEMBERSHIP. YOU AGREE THAT YOUR APPLICATION OF THESE MATERIALS IS DONE AT YOUR OWN RISK. THE CLIENT CLASS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE RECOMMENDATIONS WITHIN THE MATERIALS OR USE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
IF YOUR USE OF THE CLIENT CLASS MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE CLIENT CLASS SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
BY PURCHASING AND USING THE PRODUCTS AND MATERIALS PROVIDED BY THE CLIENT CLASS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE TERMS OF THIS LICENSE.
Collection of Personal Information
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, credit card information or other details to help you with your experience.
Collection of Information
We collect information from you when you register on our site, place an order or enter information on our site.
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
Protection of Visitor Information
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third Party Links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
We track statistics through Google Analytics. We along with third-party vendors, such as Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website. Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA we agree to the following:
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. Should a data breach occur, we will notify the users via email within 7 business days in order to be in line with Fair Information Practices.
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions.
• Process orders and to send information and updates pertaining to orders
• We may also send you additional information related to your product and/or service.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
To be in accordance with CAN-SPAM we agree to the following:
• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email.
Last Edited on 2016-04-30