Online Meetings Terms and Conditions
Last updated: December 01, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Climb - The Small Business Book Club, PO BOX 4005 MENLO PARK CA 94026-4005
Country refers to: California, United States
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Meeting Materials means the information provided by the Company to accompany a meeting provided as part of the Services in electronic form including but not limited to Action Plan Worksheets, checklists, or other forms.
Online Meeting refers the delivery by Us of a book club meeting via Zoom pursuant to which you will learn the Online Meeting materials remotely.
Service refers to the Online Meetings and provided Meeting Materials
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Acknowledgement
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Meeting Statement
The Online Meetings provided via Zoom by Climb - The Small Business Book Club (the "Company") are intended solely for the personal enrichment and student enjoyment. The Company’s products (including but not limited to Online Meetings and Meeting Materials) are for education and/or illustration purposes only and are provided with the understanding that the Company is not engaged in providing accounting, legal, or other professional opinions. All content and meetings presented via the website, Online Meetings, Meeting Materials, and social media platforms have been collected and presented with the best knowledge and intent possible. This in no way reflects a guarantee of success. Any decisions made based on information presented, should be done knowing that you could experience risk or losses just like any entrepreneurial endeavor. In addition, the Company is in no way responsible or liable for the any ideas or information garnered from other book club members via Online Meetings, social media platforms, or any other type of communication. Use care and always consult with a professional and accredited accountant, lawyer, or professional advisor before acting on any information you receive from our website, Online Meetings, Meeting Materials, and social media platforms. You are responsible for your personal and business decisions, and by registering here you agree not to hold us liable for your decisions, actions or results, at any time, under any circumstance.
The Company’s mission is to provide a platform for small business entrepreneurs to learn from one another through guided discussion. Any information provided is for education purposes only and not has no guarantee of results.
Zoom Disclaimer
You acknowledge that all Online Meetings will be held via Zoom and that the Company is no way responsible for the performance of Zoom both for You an individual or for the group. The ‘Company’ will make reasonable attempts to keep bad actors out of Zoom meetings, but Zoom bombing or trolls may happen, and You acknowledge that the ‘Company’ will not be held responsible or liable for anything said by anyone who joins the Online Meeting.
You also acknowledge
i. that You are responsible for providing adequate internet connectivity services to allow for Zoom usage including but not limited to usage of audio and video features.
ii. any technical difficulties You experience with Zoom are not the responsibility of the Company and must be resolved by You.
iii. that You must be a registered Zoom member and be logged in to join an Online Meeting
iv. that You must have your Zoom profile name updated to reflect the name identified in your Climb - The Small Book Club registration to be allowed access to the meeting.
v. that You cannot share the Zoom meeting link with anyone else, and that doing so is grounds for immediate termination of membership.
vi. that only You may be present and participating on Your Zoom screen during Online Meetings and that having someone else join on your behalf or more than one person attempt to participate is grounds for immediate termination of membership.
Community Standards
You agree to the following community standards and acknowledge that failure to adhere to these standards during an Online Meeting may result in removal from the Online Meeting or permanent removal from all Online Meetings. Decisions regarding removal are at the sole discretion of the Company.
You will never make defamatory, discriminatory, offensive, unlawful, or threatening comments.
You will not use this platform to sell product/service or encourage others to join a multi-level marketing business.
You will always have Zoom video turned on during Online Meetings.
You will take steps to limit disturbing background noise during Online Meetings by, including but not limited to, being in a quiet space, using headphones with a microphone, or using a noise canceling microphone.
You will be in a location and circumstance where You can focus on the book club activities and supporting your group.
You will not join the meeting while in transit (car, bus, train).
You will not join the meeting while attending another event.
You will not join the meeting while actively working at your job/business.
You will not be multi-tasking during the meeting.
You will limit distractions and interruptions as much as possible
Video Release Form
You grant permission to the rights of your image, likeness and sound of your voice as recorded during Zoom Online Meetings without payment or any other consideration. You understand that your image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, You waive any right to royalties or other compensation arising or related to the use of your image or recording. You also understand that this material may be used in diverse educational settings within an unrestricted geographic area.
Audio or video recordings will only be used for the following purposes:
Posting on Climb - The Small Business Book Club member page via private YouTube or Vimeo videos
Sharing example Online Meetings with organizations that support/work with small business owners
Any other use of Online Meeting audio or video will only be used with express written consent from members.
Meeting Materials
All MEETING MATERIALS provided are for training purposes only. The Company hereby disclaims any and all liability with respect to their forms.
Copyright Policy
All of our materials are copyrighted. Any unauthorized reprint or use of our materials is prohibited. No part of our materials may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system without the express written permission of the Company.
You are not authorized to:-
i. copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Meetings Materials without prior written permission;
ii. record on video or audio tape, relay by videophone or other means the Online Meetings
iii.use the Meetings Materials in the provision of any other courses or training whether given by us or any third party trainer;
iv. remove any copyright or other notice of Fitch Learning Ltd on the Meetings Materials;
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
Neither Climb - The Small Business Book Club nor any of its facilitators accept any liability for (i) any inaccuracy or misleading information provided in the Online Meetings or Meeting Materials and any reliance by You on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of advice.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Refund Policy
Except when required by law, paid Subscription fees are non-refundable 7 days after purchase.
Certain extended refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
· By visiting this page on our website: https://www.climbbook.club/contact