Terms and Conditions
Terms of Service Agreement (this “Agreement”)
Last updated: September 1, 2023
The terms under which CreateYourDestiny.com (aka “CYD LLC”) (“Company”) provides our Services are described in this “Agreement” including how they may be used and accessed by You. These Terms and Conditions apply to all visitors, users, and others who access or use the “Service”.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE OR ANY RELATED SOCIAL MEDIA SITES OR SERVICES OFFERED BY CYD LLC. THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE. You and CYD agree that disputes relating to these terms, your content, or your use of our services, products, and social media sites will be resolved by the steps delineated in 13. Disputes Resolution section that includes mandatory binding arbitration, and you waive any right to participate in a class-action lawsuit or class-wide arbitration except for certain types of disputes mentioned in the arbitration clause.
1. Interpretation and Definitions
The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Platform refers to the Company’s website, communication and social media applications the Company uses to connect and communicate with the public, build its audience, or market its products.
- Service (“Products”, “Tools”)refers to the Company’s free and paid products, tools, and services offered via email, website, and social media sites, or by the company on related personal sites (including LinkedIn, Facebook, Podcasts, Twitter, YouTube, Instagram, or others.)
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, provide the Service, perform services related to the Service, or assist the Company in gathering or analyzing information related to the use of the Service.
- State / Country refers to California, United States
- Taxes includes all taxes, duties, levies, governmental assessments, tariffs, VAT, GST, fine, charge, or other mandatory expense required by any domestic or foreign jurisdiction.
- Third-party Social Media Service refers to any social media website or any social network through which You or another User can log in or create an account to use the Service. Services or content (including data, information, products, or services) provided by a third-party may be displayed or made available by the Service.
- Website refers to “Create Your Destiny”, accessible at https://www.createyourdestiny.com
- You / Your means the individual (“User”) accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.
Terms such as “includes” “Including” “such as” and similar terms will not limit what else might be included.
There are no third-party beneficiaries to these Terms.
2. User and Visitor Requirements
2.1 We do not intentionally or knowingly market our Services to those under 18 years of age. The Company does not permit those under 18 to use or visit the Service without the expressed approval of their parent or legal guardian. Users, viewers, and visitors warrant that you are over the age of 18.
2.2 By using this Website, you represent and warrant that you are of legal age and have the legal capacity to form a binding contract with the Company.
2.3 If you represent an organization, group, or company you warrant that you have the authority and power to form a binding contract with the Company and agree to adhere to these Terms.
2.4 It is your sole responsibility to comply with all applicable laws including children’s privacy laws in California and the United States and the Children’s Online Privacy Protection Rule (COPPA).
3. Orders, Fees, and Payments
Fees & Payments
3.1 You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) that you select on your account management page in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
3.2 If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
3.3 By submitting such identity and payment information, You grant us the right to provide the information to payment processing third-parties for the purpose of facilitating the completion of Your Order. Third-party providers, not CYD, keep your detailed payment information such as expiration date and non-sensitive credit card partial numbers. You are responsible for keeping your payment method current in your account settings to ensure your Service or subscription is not terminated.
3.4 Fees charged for Services may be changed at any time.
3.5 In accordance with the Terms you agree to pay the Company the stated price at the time of the purchase for each Product and Service you use or purchase and agree that it will be non-refundable except as provided by the Terms and Conditions of this Agreement, or as stipulated by law.
3.6 When purchasing a Subscription plan, you will be billed in advance on a recurring weekly, monthly, or annual basis depending on the type of Subscription plan you select unless You or the Company cancels the automatic renewal. Your chosen payment method, which you select when you first purchase the Subscription, will be charged at the start of every new billing cycle.
You are responsible for the cancellation of any plan before the Subscription period end. including those that have a free or discounted trial period. Otherwise, you will be charged following the end of the free or discounted trial plan when a new billing cycle begins.
3.7 Subscriptions can be canceled through Your Account settings page. Fees paid for the current Subscription period are not refundable. You can access the Subscription Service until the end of Your current Subscription period.
3.8 The Company may modify Subscription fees and provide reasonable prior notice at its sole discretion at any time. Subscription fee changes will become effective at the end of the then-current Subscription period. An opportunity to cancel Your Subscription will be given. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
3.9 Subscription fees are non-refundable except when required by law.
3.10 You authorize us to continue charging your credit card or financial institution for recurring subscription costs or using your updated personal information.
3.11 Prices listed for our Services do not include taxes, duties, levies, assessments, tariffs, VAT, GST, fines, charges, or other mandatory expense required by any domestic or foreign jurisdiction. (collectively referred to as “Taxes”). Paying all these kinds of “Taxes” are your responsibility. When you purchase a Service or product, if you are not charged the appropriate “Tax” due to a technical glitch or mistake, software update, new pricing, or any other reason, you will automatically be charged the appropriate difference or refunded the excess amount paid, without notice in the next billing cycle.
3.12 Cancellations, Returns, or Refusal of Service
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
- Any Force Majeure (e.g., war, conflict, weather, natural disasters, or Acts of God)
- Actions or occurrences beyond the control of the Company affecting shipping or delivery (e.g., incorrect delivery information, government actions, custom decisions (e.g., non-approval, refusal, or confiscation), cessation of shipping services, inability to secure insurance, strike, riot, limited shipping options, a country's poor delivery reputation, inability to provide delivery, postal service limitations, etc.)
- Increase in actual shipping cost (e.g., shipping company provides estimate not actual cost until the item is shipped, shipping charge increases, foreign exchange costs, size or weight overage cost.)
- Your refusal to pay for all shipping charges, custom duties, foreign exchange costs, taxes, levies, assessments, and any other expenses we would incur
- Inability to secure insurance coverage or delivery confirmation
- Fraud or an unauthorized or illegal transaction is suspected.
3.13 Any Goods you purchase can only be returned in accordance with these Terms and Conditions.
- Technology is constantly evolving and updates may impact digital product performance. You are responsible for determining if our digital goods or product is compatible with your operating system prior to purchase. We are not liable for technical incompatibilities or problems caused by technical updates.
- Digital goods and products are not returnable unless they are defective or damaged during or by shipping. Before they are shipped our digital products are tested. While we are unable to offer a replacement guarantee, we will do our best to replace products with unknown defects or shipping damage.
- You are responsible for examining packages when they are delivered to determine if there are signs of shipping damage. You are responsible for immediately notifying the postal employee or delivery person of the package damage. You agree to take photos to prove damage occurred prior to your receipt of the package.
- If the item is insured, insurance companies will require you to provide photographic proof of damage. You agree to provide photographic proof of the damage to the shipping box and damage to the item that occurred before you received the item. The insurance company may require You (the receiver) to file the claim. You agree to file the claim, provide proof of the damage, return the item, and satisfy any other demands the insurance company requires to process the claim. You agree to do so within 72 hours of being notified of the insurance company's demands. Your failure to meet the insurance company's demands according to their timeline relieves us of all liability, and the responsibility to replace the goods, or reimburse you for the good's original purchase price. We cannot guarantee that the insurance company will provide reimbursement to you for the item. You agree to hold Us harmless and not liable if the insurance company refuses to pay the claim for any reason.
- Your right to cancel an Order only applies to Goods that are returned in the same condition as shipped. Goods that are damaged or not in the same condition or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession. You should also include all of the product instructions, documents, and wrappings.
- We will reimburse You for no more than the amount you paid for the item. Payment will be made no later than 14 days from the day on which We receive the returned Goods if it is in a condition equivalent to when shipped. We will use the same means of payment that You used for the Order in order to reimburse you.
- We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
4. Intellectual Property
4.1 The Service and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors.
4.3 Our “Service” and name is protected by copyright, trademark, and other laws of the United States and foreign countries. The Company owns all rights, title, intellectual property rights, and interest in and to the Services. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
4.4 Non-exclusive right and license to use your name, trademarks, logos, and service marks are granted to the Company to promote our Services. Goodwill arising from using your name and logo will inure to your benefit.
4.5 You are granted by the Company a limited, revocable, non-transferable, non-exclusive, and non-sublicensable license that allows you to access and use the Services only in accordance with the Terms. You are not granted any other rights or related intellectual property rights from the Company, affiliates, or licensors to the Services. Except as expressly permitted by the Terms, you do not have permission to use the Services for any other purpose or manner.
4.6 Our Services and affiliated site’s content are protected by copyright and trademark laws and are the property of CYD. Without our prior permission, you may not repost or resell any content without the proper credit.
4.7 Content, information, and materials from our Services may be accessed and used only for your personal use. You do not have our permission to convey it in any form that alters, adapts, exploits, modifies, tampers, or changes it. You do not have our permission to sell, resell, copy, publish, distribute, or display it. You do not have our permission to create derivative works or use our content, intellectual property, tools, processes, or procedures to train, certify other coaches, or commercially exploit any of our content, training materials, processes, tools, or procedures. Our written permission is absolutely required or you may be held liable for significant damages and all legal costs.
4.8 Your use of our Services represents and warrants that you agree to these Terms, restrictions, our Intellectual Property Rights and that you have not been granted ownership in the Services or any content you access that is not your own.
4.9 Our Services are non-exclusive and we reserve the right to provide them to anyone including your competitors who may be located in the United States or anywhere else in the world.
5. Privacy, Confidentiality & Public Domain
5.1 Public Domain
5.5 Your Information is considered non-confidential and may be disclosed due to the following conditions:
- it is or becomes public
- before you provided the information, it was lawfully known to the Company
- we did not know that information given to us by a third party may be a breach
- the information was independently developed by the Company on its own
- you post content on our sites with the full knowledge that others could see it
- it is required by law or during a legal process.
5.6 Legal Liability
If you choose to participate in an activity that involves interactions with other individuals (“End-Users”) accessing our “Services” including students, subscribers, participants, or customers, the Company is not responsible for any comments or interactions. The Company is not liable for any claims, disputes, damage, injuries, or losses that may arise out of your speaking, posting or providing information on our platform, or, interactions and relationships with other End-Users.
6.1 Industry security standards are used by the Company and, to the best of our knowledge, by Third-Parties we use to store and process your personal information and Content.
6.2 Using Third-party websites or offerings that are affiliated with or provided by our Services is done so at your own risk. Before engaging in any transaction with a third-party, we advise you to conduct your own due diligence including reviewing their terms, security practices, and policies (e.g., privacy, data gathering & usage).
6.3 The Company will not notify or warn you when you leave our site, ad, or communication. If you click on a third-party site’s link, you assume full responsibility for being fully informed including reading their terms and conditions as well as other policies of that destination or website.
6.4 Reasonable actions to notify you and cooperate with the investigation will occur when the Company is aware of a security breach of your personal account data.
7. Account Management
7.2 You are exclusively responsible for any account activity that you may or may not authorize.
7.3 You are responsible for promptly notifying the Company or Third-Party vendors upon learning of unauthorized access to your account.
7.4 Accounts are dedicated to a single person or organization and are not to be shared.
7.5 You are responsible for the timely notification of the Company or Third-Party vendors of changes in your contact information and for keeping your email up-to-date.
7.6 At our discretion, the Company has the option to terminate your account and delete your content if there is no indication of account activity, breach of Terms, hate speech, and suspected illegal activities.
7.7 We may use phone numbers you provide for training, communication, order confirmation, promotions, text updates, sms messages, and the provision of videos or audio until we receive notification that you want to Opt-Out. Please opt-out by responding to our text message with the response STOP if you no longer choose to receive these communications. You can also send us an Opt-Out email at [email protected] with “OPT-OUT” in the subject line. When we receive your Opt-Out request we will send you confirmation via email or text. If we do not receive your request to STOP via text or email, you waive any claims against us.
8. Provision of Services and Products
8.1 The Company offers our customers and visitors informational services, tools, and content to facilitate personal growth and development. Services do not include psychotherapy, psychiatry, medical, or technical support. We do not have any duty or responsibility to provide or recommend these services. If these services are needed, please seek out qualified and appropriate professionals who are trained and certified to provide these support services.
8.2 We make every effort to accurately represent our “Services”, “Products” and “Tools”. We make no guarantees that you will get specific behavioral, mental, emotional, or relationship changes or any guarantee that you will earn any money using these Services, Products, or Tools. The earning potential depends entirely on you and your actions, commitment, ability, effort, skills, time, and dedication. Any and all forward-looking statements that are included in our sales, marketing, or training materials or on social media sites are intended to express our opinion of earnings potential. Your actual results are predicated on many factors. There is no guarantees made that you will achieve results similar to anyone else.
8.3 Our “Services” may include individual and group educational or personal growth coaching and the provision of educational informational content via challenges, courses, livecasts, workshops, conferences, public speaking, videos, written, and other formats. Services may be provided via our website, social media, live, telephone, digital, or other technology. Since social interactions can facilitate commitment, confidence, and learning, opportunities to interact may be provided via member areas, chat rooms, community sites, or other methods.
8.4 Our products, tools, and Service are predicated on your willingness, commitment, and motivation to achieve personal growth and the development of high performance-related habits to achieve optimal work-life balance in key life areas - work, family, self, health,
and relationships. What you get out of our program is a direct result of your effort.
Attaining results requires drive, discipline, and desire. It is not a one-off program. We offer you the opportunity to better understand yourself and others.
9. Legal, Jurisdiction & Compliance
9.2 This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles County, California.
9.3 Information provided on The Company’s social media or website in written, oral, or visual format is solely for informational purposes. It is not medical, therapeutic, technical, financial, or legal advice. Information is provided without any express or implied warranty or completeness. If you require medical, therapeutic, technical, financial, or legal advice please consult with an attorney, accountant, doctor, or professional advisor before acting on any information related to a lifestyle change, health, emotions, finances, or business decisions.
9.4 You acknowledge and agree that we may change these Terms at any time. The most current version will be available for review on our website. Your continued use of our Service indicates your agreement to the updated terms. You need to stop using the Service if you do not agree to the updated Terms.
9.5 By using or accessing our Services, you agree that you are not granted express or implied permission to engage in any of the following activities on our Service and that we retain the right to limit and immediately terminate your use of our Services and close your account without notice or providing you the opportunity to copy any of your content:
- promote, support, offer, or fund activities, goods, or services that contravene local, state, national, or international laws including terrorism, child abuse, sexual abuse, or, pornography
- scan, probe, or test our system or network’s security or vulnerability
- attempt to capture passwords or account information, personal, confidential, financial, or sensitive information without our prior permission
- extract or scape data from our websites or social media sites
- bully or engage in any action or communication that has the potential to directly or indirectly harass, threaten, attack, injure or damage our Service, staff, company, users, or others physically, mentally, or emotionally
- defamatory, offensive, abusive, obscene, gratuitously graphic violent content, postings, materials, goods, or services
- engage in hate speech including communication directed toward individuals protected by anti-discrimination protected class laws based on religion, gender, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, sex, color.
- discrimination based on protected class membership or socioeconomic background or status.
- create competitive services by duplicating our Services or content
- create duplicate accounts with the intention of circumventing suspension, limitation, or termination of your account
- store, transmit, or provide links to malware, viruses, or other malicious software on our site, social media or Services
- infringe on our or other’s intellectual property rights
- resell or lease the Services
- upload or post personally identifiable, confidential, or sensitive information about others without their prior permission
- register accounts by automated methods or “Bots”
- usage that is above the average that adversely impacts the availability, function, speed, stability or responsiveness of the Service
- creating a cybersquatting account
- promote or glorify self-harm.
9.6 The Company assumes no liability for any claims, disputes, damage, injuries, or losses that may arise out of your speaking, posting, providing information, or comments regarding the items prohibited in Section 9.6 on our platform, or, during interactions and relationships with other End-Users.
9.7 In connection with or arising out of a third-party claim or dispute regarding your breach of section 9.6 or any other Terms or violation of applicable law by you, your users, or your Content, websites, mobile applications or business You will indemnify and hold harmless the Company, its officers, affiliates, licensors, providers, and employees to the fullest extent permitted by law.
9.8 Violating our Terms and policies, either outside or inside your use of our Services, give us the right without notice to remove any content, suspend, refuse service, or terminate your account at any time.
9.9 No Waiver. The failure or delay to enforce a provision under these Terms is not a waiver of a party’s right to do so later.
9.10 Severability: If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
9.11 Language: If We have made these Terms and Conditions available to You on our Service they may have been translated from English. You agree that the original English text shall prevail in the case of a dispute. The laws of California and the United States govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
9.12 United States Legal Compliance: You represent and warrant that You (i) 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, (ii) are not listed on any United States government list of prohibited, sanctioned, or restricted parties or countries including U.S. Presidential Executive Orders and the U.S. Office of Foreign Assets Control (“OFAC”), (iii) are not representing, acting on behalf of, or engaging with Prohibited Person(s), or (iv) do not provide access to any Prohibited Persons or Countries information about our Services, Products or content.
10. Disclaimers and Limitation of Liability
10.1 Beta Services: The Company may offer “beta” services that may feature content, processes, or tools that are offered solely for experimental purposes. They may be modified or not offered again at our sole discretion. They are offered without any warranty of any kind express, implied, or statutory.
10.2 “As Is”, “As Available”: You are provided the Service, products, and tools "AS IS" and "AS AVAILABLE" with all faults and defects. To the maximum extent permitted under applicable law, on its own behalf, and on behalf of its Affiliates, the Company expressly disclaims all warranties, express, implied or statutory, or otherwise with respect to the Service, products, and tools in regards to their fitness for a particular purpose, representations regarding reliability, accuracy or availability of the Services.
10.3 Our content may feature information, insights, strategies, or recommendations for individuals or businesses. The totality of our Services is analogous to completing an Executive MBA program. Both require commitment, dedication, effort, and application in order to acquire the knowledge, and skills that enable students to operate at a higher level than many other people who do not participate in adult education programs. Our program is designed for those willing to spend the time and effort required to achieve genuine personal and professional development. We make no warranty or guarantee of change, results, or improvement.
10.4 Given the great individual variation of abilities, commitment, skill, and interest among people, it is not reasonable or lawful to expect that we would be able to make any guarantees about your abilities regarding what you might be able to do, or the results you might get from your efforts in applying the information or using the tools of our Service. Your results are going to be up to you. We make no warranty or guarantee of change, results, or improvement.
10.6 Users warrant the Company and Platform are not responsible, accountable, or liable for their own interactions, messages, comments, content, content sharing, feedback, information, recommendations, opinions, or content dissemination on this Platform or third-party sites, or community-based input.
10.7 Exclusion of Certain Liability: As permitted by applicable law, neither the Company nor its affiliates, officers, employees, suppliers and licensors will be liable for
- direct or indirect loss of use, data, revenues, business, or profits
- damages that are incidental, indirect, consequential, special, or exemplary
Limitation of Liability
10.8 The Company is not responsible or liable for any loss, damage, or injury suffered related to the use of or inability to use the Service or a result of conduct on the Platform.
10.9 You acknowledge that the use of social media can present challenges totally unrelated to any actions of the Company. You are solely and exclusively responsible for taking steps to secure your information and warrant that the Company is not responsible or liable for any loss, injury, or damage related to the following:
- overuse of social apps, the internet, or websites
- social media, gaming, or technology addiction
- provision of disinformation
- offensive communication
- raises in security risk
- embarrassment, shame, emotional upset
- vulnerable to data leaks, spam, scams, theft, phishing, data scraping
- oversharing of personal information
- personal information infringement, theft, or violations
- hate speech by users
10.10 Notwithstanding any damages that You might incur, the entire aggregate liability of the Company, its affiliates, officers, agents, suppliers, and licensors arising out of or in connection with the Services under any provision of this Terms and Your exclusive remedy for all of the foregoing shall not exceed the amount you paid to the Company for use of the Services at issue minus bank fees the Company incurred during the 12 months prior to the event giving rise to the liability or $100 USD if You haven't purchased anything through the Service.
10.11 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.
10.12 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.
10.13 Without limiting the foregoing, neither the Company nor any of the company's providers make any representation or warranty of any kind, express or implied
- as to the operation or availability of the Service information content, and materials or products included thereon
- that the Service will be uninterrupted or error-free
- as to the accuracy, reliability, or currency of any information or content provided through the Service
- 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.
10.14 The exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
10.15 Users warrant the Company and Platform are not responsible, accountable, or liable for their interactions, messages, comments, content, content sharing, feedback, information, or content dissemination on this Platform or third-party sites, or community-based input.
11.1 You are solely and exclusively responsible for your Content and for ensuring that it adheres to our Terms and compliance with state, federal, and international laws.
11.2 You warrant that all Content you submit to the Company and its websites or social media sites is owned by You or You have the required licenses, consents, permission, or rights to use or publish on our sites without violating any Acceptable Use Policy and applicable laws.
11.3 The Company assumes no liability per relevant laws for your failure to maintain, protect, and make duplicates of your content.
11.4 Third-party claims alleging any Content You submitted to the Company or your users or related parties used that infringed or misappropriated their intellectual property rights or violated applicable law will be solely defended by You.
11.5 You warrant that you and related parties are solely responsible for your Content, use of Services, user interactions, hate speech, misinformation and you will indemnify and hold the Company harmless and You agree to defend the Company, our affiliates, officers, licensors, and employees and pay all costs, damages, and liabilities including reasonable attorneys’ fees and settlement costs. You agree to pay the total of any adverse final judgments or settlement amount.
11.6 In connection with or arising out of a third-party claim or dispute regarding your breach of these Terms or violation of applicable law by you, your users, or your Content, websites, mobile applications or business You will indemnify and hold harmless the Company, its officers, affiliates, licensors, providers, and employees to the fullest extent permitted by law
11.7 The Company does not have an obligation to monitor, pre-screen or review submitted Content, comments, or feedback. Legal obligations may require content submissions be reviewed to determine if it is illegal or violates these Terms. If we believe or determine submissions violate local, state, or national laws we will determine if the content is to be modified, deleted, or refuse to display or allow access to it.
11.8 You warrant the Company has the right to moderate or remove your content and third-party content that is recommended, included or integrated into your content.
12. Limit, Suspension & Termination of Services
12.1 You acknowledge that when using our Platform you agree to and are responsible for adhering to acceptable communication standards for all content, communications, feedback, and conduct with other users or staff. The Company assumes no liability per relevant laws for your failure to adhere to these standards and Terms while using the Services.
12.2 We retain the right to remove your Content and suspend or terminate your account for any reason without giving You notice.
12.3 If you terminate your account your content will be deleted. You may lose access to bonuses, membership areas, and community.
12.4 We retain the option to give you reasonable advance notice if we do not take immediate action without notice, so you may have an opportunity to copy your Content if we limit, suspend, or terminate the Service. You acknowledge that we do not have any obligation to retain your Content if your account is terminated.
12.5 Changes you make to your account plan may result in the loss of features, content, functionality or account capacity.
12.6 Services may be temporarily unavailable for various reasons including technical issues by third-party servers.
12.7 Services including content, tools, guidance, information, or recommendations are provided “AS IS”. No express, implied or statutory warranties of any kind are made regarding these Services, their availability, purpose, compatibility, reliability, helpfulness, guarantee, or accuracy.
12.8 We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation or IP address blocking if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
13. Changes to These Terms and Conditions
13.1 We reserve the right, at Our sole discretion, to revise, 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.
13.2 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.
14. Dispute Resolution
14.1 You agree to first try to resolve any concern or dispute informally by contacting the Company at [email protected] noting “Dispute Resolution” in the subject line. We will contact you via email. If, a dispute is not resolved within 15-21 days or another duration determined by you or the Company either party may bring a formal proceeding.
14.2 Judicial Forum for Disputes. Subject to the mandatory arbitration provisions below, You and the Company agree that the venue and personal jurisdiction for any judicial proceeding will be brought in Los Angeles, California to resolve claims relating to these Terms or the Services.
14.3 Both parties agree that if the claim qualifies, it will be heard by the small claims court in Beverly Hills, California.
14.4 Both parties agree that Claims not resolved informally or by Small Claims Court will be arbitrated and the final and binding arbitration will be located in Los Angeles, California or any other location we agree to, in person or virtually. This includes disputes relating to the “Mandatory Arbitration Provisions” and its enforceability, revocability, or validity. Both parties agree that a single arbitrator will be used.
14.5 Both parties agree that The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The AAA rules will govern payment of all arbitration fees. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address.
14.6 Without first engaging in arbitration or the informal dispute-resolution process described above either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) may be brought.
14.7 You agree to the exclusive jurisdiction of Los Angeles, California to resolve your claim if the arbitration agreement is found to not apply to you or your claim.
14.8 Disputes may only be resolved on an individual basis. You agree to not bring a claim as a plaintiff or a class member in a consolidated or representative action. Class actions and arbitrations, and private attorney general actions are not allowed. If this paragraph is not enforceable then the sections related to mandatory arbitration is deemed void.
Without our prior written consent, You may not assign these Terms or your rights to use our Services. It may be withheld at our sole discretion.
16. Entire Agreement
The following sections (4, 5, 6, 9.9, 10, 11, 13,14,15) will survive the termination of these Terms.
18. Contact Us
By email: [email protected]
Subject Line: CYD Terms & Conditions Question