WE HAVE MADE EVERY EFFORT TO ACCURATELY REPRESENT OUR PRODUCTS AND SERVICES.
THE REPRESENTATION OF THE POTENTIAL OF OUR PRODUCTS AND SERVICES IS SUBJECT TO
OUR INTERPRETATION. WHILE THE EARNINGS POTENTIAL FOR THOSE PEOPLE THAT USE OUR
PRODUCTS AND SERVICES IS USUALLY VERY ENCOURAGING. YOU ACKNOWLEDGE THAT YOUR
EARNING POTENTIAL IS SUBJECT TO MANY INDEPENDENT FACTORS, ALL OF WHICH VARY
FROM INDIVIDUAL TO INDIVIDUAL AND ARE OFTEN OUT OF ANY INDIVIDUAL’S CONTROL.
AS SUCH, WE MAKE NO WARRANTY OR GUARANTEE OF ANY KIND THAT YOU WILL
EXPERIENCE ANY SPECIFIC LEVEL OF EARNINGS BY USING OUR PRODUCTS AND SERVICES.
ANY EXAMPLES WE HAVE PROVIDED SHOULD NOT BE INTERPRETED AS ANY GUARANTEE OF
EARNINGS. WE DO NOT ASSERT THAT OUR PRODUCTS AND SERVICES REPRESENT A “GET RICH
UPON REQUEST, WE MAY ASSIST YOU IN THE VERIFICATION OF CLAIMS OF ACTUAL
EARNINGS AND/OR EXAMPLES OF ACTUAL RESULTS ACHIEVED, THOUGH WE ARE UNDER NO
OBLIGATION TO DO SO.
HOWEVER, WE CANNOT AND DO NOT OFFER YOU ANY DIRECT FINANCIAL ADVICE, NOR ARE
WE RESPONSIBLE FOR ANY FINANCIAL DECISIONS YOU MAKE. AS ALWAYS, IT IS YOUR SOLE
RESPONSIBILITY TO DISCUSS THE LEGALITY OR FINANCIAL SOUNDNESS OF ANY DECISION
YOU MAKE WITH A QUALIFIED PROFESSIONAL BEFORE MAKING SUCH A DECISION.
INFORMATION FOUND IN OUR PRODUCTS AND SERVICES MAY CONTAIN INFORMATION THAT
INCLUDES FORWARD-LOOKING STATEMENTS AS DEFINED BY THE “PRIVATE SECURITIES
LITIGATION REFORM ACT OF 1995.” WE BASE ANY FORWARD-LOOKING STATEMENTS SOLELY
UPON OUR EXPECTATIONS ON EVENTS THAT HAVE NOT YET OCCURRED.
YOU CAN EASILY IDENTIFY SUCH STATEMENTS, AS THEY DO NOT RELATE SPECIFICALLY
TO ANY FACTS, WHETHER HISTORICAL OR IN CURRENT DAY. THESE STATEMENTS USE WORDS
SUCH AS “ANTICIPATE,” “BELIEVE,” “ESTIMATE,” “EXPECT,” “INTEND,” “PLAN,”
“PROJECT,” AND OTHER SUCH WORDS THAT IMPLY SIMILAR MEANING IN CONNECTION WITH A
DESCRIPTION OF POTENTIAL EARNINGS AND FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS USED WITH OUR PRODUCTS AND SERVICES
ARE SOLELY BASED UPON OUR OPINION OF EARNINGS POTENTIAL. AS THERE ARE MANY
FACTORS THAT WILL DETERMINE YOUR ACTUAL RESULTS, WE MAKE NO GUARANTEES THAT YOU
WILL ACHIEVE SIMILAR OR ANY RESULTS FROM YOUR USE OF OUR PRODUCTS AND SERVICES.
This membership agreement (the “Membership Agreement”) contains the terms
and conditions that govern your use of the Kapow Course website (the “Website”)
and the Services (as defined below). THIS MEMBERSHIP AGREEMENT DESCRIBES YOUR
RIGHTS AND RESPONSIBILITIES, AND INCLUDES DISCLAIMERS OF WARRANTIES,
LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND THE REQUIREMENT TO
ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FOR AN ESSENTIAL BASIS OF OUR
If you do not agree with any of these terms, do not access or otherwise use
the Website or Services, or any information or materials contained on the
Kapow Course. (“Kapow Course”) owns and operates the Website. This
Membership Agreement is between you and Kapow Course. Kapow Course reserves the
right to add, delete, and modify any of the terms and conditions contained in
this Membership Agreement at any time and in its sole discretion by posting a
change notice or a new agreement on the Website. In the event of substantive
changes to this Membership Agreement, the new terms will be posted to the
Website, you will be required to affirmatively assent to its terms, and you may
also be notified by email. If any modification is unacceptable to you, your
only recourse is not to use the Website and the Services and to request an
immediate termination of your membership. Your express consent or continued use
of the Website or the Services following posting of a change notice or new
Membership Agreement on the Website will constitute binding acceptance of the
1. The Services
1.1. Kapow Course provides a number of Internet-based services through the
Website (all such services, collectively, the “the Services”), including
without limitation training and materials for you to develop and promote your
business. Kapow Course reserves the right to add, change, and delete content
and services from the Website or Services from time to time.
1.2. If applicable, you agree to pay, and authorize automatic recurring
billing of, the membership fee with your credit card, or other payment methods,
until subsequently cancelled. Your payment for the initial 30-day period is
refundable, provided that you contact us and request that we cancel your
membership and refund your fee within the initial 30-day period. You understand
and agree that each subsequent automatic recurring billing of the membership
fee is not refundable and will not be prorated.
1.3. Kapow Course reserves the right to change the membership fee from time
2. Use of the Website and the Services
2.1. Kapow Course will only knowingly provide the Services to parties that
can lawfully enter into and form contracts under applicable law. The Website
and the Services are not for anyone under the age of 18 and any such use is
2.2. You must comply with all of the terms and conditions of this Membership
Agreement, the applicable agreements and policies referred to below, and all
applicable laws, regulations, and rules when you use the Website and the
2.3. Your License to Use the Website and the Services.
2.3.1. Kapow Course owns or licenses all intellectual property and other
rights, title, and interest in and to the Website, Services, and the materials
accessible on or through the Website and Services, except as expressly provided
for in this Membership Agreement. For example, and without limitation, Kapow
Course owns trademarks, copyrights, and certain technology used in providing
the Services. You will not acquire any right, title or interest therein under
this Membership Agreement or otherwise unless expressly provided for herein.
2.3.2. Kapow Course grants you a limited revocable license to access and use
the Website and Services for their intended purposes, subject to your
compliance with this Membership Agreement. This license does not include the
right to collect or use information contained on the Website for purposes that Kapow
Course prohibits or to compete with Kapow Course. If you use the Website or the
Services in a manner that exceeds the scope of this license or breaches any
relevant agreement, your license shall terminate immediately.
2.4. Third-Party Services. Kapow Course may provide links on the Website to
other websites that are not affiliated with, under the control of, or otherwise
maintained by Kapow Course, and may use third parties to provide certain
services accessible through the Website. Kapow Course does not control those
third parties or their services, and you agree that Kapow Course will not be
liable to you in any way for your use of such services. These third parties may
and policies as well as this Membership Agreement when you use these services.
If any such terms or policies conflict with the Membership Agreement,
agreements or policies, you must comply with the Membership Agreement,
agreements, or policies, as applicable. Kapow Course does not endorse or make
any representations or warranties about third party sites or any information,
software, or other products or services found there.
3.1. For the purpose of this Membership Agreement, “Confidential
Information” shall be deemed to include all information and materials that: (a)
if in written format is marked as confidential, or (b) if disclosed verbally is
noted as confidential at time of disclosure, or (c) in the absence of either
(a) or (b) is information which a reasonable party would deem to be non-public
information and confidential.
3.2. Confidential Information shall include without limitation: all
information provided on or through the Website or the Services; trade secrets,
inventions, research methods, methods of compiling information, methods of
creating the Kapow Course database, procedures, devices, machines, equipment,
data processing programs, software, computer models, research projects, and
other means used by Kapow Course in the conduct of its business; product
formulations, strategies and plans for future business, new business, product
or other development, new and innovative product ideas, potential acquisitions
or divestitures, and new marketing ideas; information with respect to costs,
commissions, fees, profits, sales, markets, sales methods and financial
information; mailing lists, the identity of Kapow Course customers, potential
customers, distributors, and suppliers and their names and addresses, the names
of customer representatives responsible for entering into contracts for Kapow
Course’ products or services, the amounts paid by Kapow Course customers,
specific customer needs and requirements, and leads and referrals to
prospective customers; and the structure, sequence, and organization of the Kapow
Course database, together with source code and object code; and the identity of
Kapow Course employees, their respective salaries, bonuses, benefits,
qualifications and abilities.
3.3. You acknowledge and agree that the nature of Kapow Course’
confidential, proprietary, and trade secret information to which you have, and
will continue to have, access to derives value from the fact that it is not
generally known and used by others in the highly competitive, international
industry in which Kapow Course competes. You further acknowledge and agree
that, even in complete good faith, it would be impossible for you to work in a
similar capacity for a competitor of Kapow Course without drawing upon and
utilizing information gained pursuant to this Membership Agreement.
3.4. You acknowledge that you are receiving such Confidential Information in
confidence and will not publish, copy, or disclose any Confidential Information
without prior written consent from the Company. You further agree that you
shall not attempt to reverse engineer, de-compile or try to ascertain the
source code to Kapow Course software or any other software supplied hereunder.
You acknowledge that you will only use the Confidential Information to the
extent necessary to promote your business, and that you will use best efforts
to prevent unauthorized disclosure of the Confidential Information to any third
3.5. The obligation of confidentiality shall not apply to any particular
portion of Confidential Information which: (a) was in the public domain when Kapow
Course granted access to you; (b) entered the public domain through no fault of
you subsequent to receipt; (c) was in your possession free of any obligation of
confidence at the time of the disclosure by Kapow Course; (d) was rightfully
communicated by a third party to you free of any obligation of confidence
subsequent to the time of the originating party’s communication thereof to you;
(e) was developed by you independently of and without knowledge or reference to
any Confidential Information; (f) is approved for release by written
authorization from Kapow Course; or (g) is required to be disclosed pursuant to
any statute, law, rule or regulation of any governmental authority or pursuant
to any order of any court of competent jurisdiction, but in any case, you will
immediately notify Kapow Course before disclosure and given a reasonable
opportunity to obtain a protective order or other form of protection.
3.6. You agree not to alone or in association with others use Confidential
or trade secret information to (a) solicit, or facilitate any organization with
which you are associated in soliciting, any employee or customer of Kapow
Course’ to alter its relationship with Kapow Course; (b) solicit for
employment, hire, or engage as an independent contractor, or facilitate any
organization with which Kapow Course is associated in soliciting for
employment, hire, or engagement as an independent contractor, any person who
was employed by Kapow Course at any time during the term of this Membership
Agreement (provided, that this clause (b) shall not apply to any individual
whose employment with Kapow Course was terminated for a period of one year or
longer); or (c) solicit business from or perform services for any customer,
supplier, licensee, or business relation of Kapow Course’, induce or attempt to
induce, any such entity to cease doing business with Kapow Course; or in any
way interfere with the relationship between any such entity and Kapow Course.
3.7. You agree that you will not make any derogatory statements, either oral
or written, or otherwise disparage Kapow Course, Kapow Course’ products,
employees, services, work or employment, and will take all reasonable steps to
prevent others from making derogatory or disparaging statements. You agree that
it would be impossible, impractical, or extremely difficult to fix the actual
damages suffered by reason of a breach of this paragraph, and accordingly
hereby agree that five thousand dollars ($5,000) shall be presumed to be the
amount of damages sustained by reason of each such breach, without prejudice to
Kapow Course’ right to also seek injunctive or other equitable relief.
3.8. Other than as expressly provided for herein, in no event shall you be
deemed by virtue hereof to have acquired any right or interest by license or
otherwise, in or to the Confidential Information.
3.9. You agree that all originals and any copies of the Confidential
Information remain the property of Kapow Course.. You shall reproduce all
copyright and other proprietary notices, if any, in the same form that they
appear on all the materials provided by Kapow Course, on all copies of the
Confidential Information made by you. You agree to return all originals and
copies of all Confidential Information in your possession or control to Kapow
Course at Kapow Course’ request.
4. General Rules
4.1. Prohibited Use. You may only use the Website and Services to promote
your business, as expressly permitted by Kapow Course. You may not cause harm
to the Website or Services. Specifically, but not by way of limitation, you may
not: (i) interfere with the Website or Services by using viruses or any other
programs or technology designed to disrupt or damage any software or hardware;
(ii) modify, create derivative works from, reverse engineer, decompile or
disassemble any technology used to provide the Website or Services; (iii) use a
robot, spider or other device or process to monitor the activity on or copy
pages from the Website or Services, except in the operation or use of an
internet “search engine,” hit counters or similar technology; (iv) collect
electronic mail addresses or other information from third parties by using the
Website or Services; (v) impersonate another person or entity; (vi) engage in
any activity that interferes with another user’s ability to use or enjoy the
Website or Services; (vii) assist or encourage any third party in engaging in
any activity prohibited by this Membership Agreement; (viii) co-brand the
Website or Services; (ix) frame the Website or Services; or (x) hyper-link to
the Website or Services, without the express prior written permission of an
authorized representative of Kapow Course.
to the collection, use and disclosure of your personal information in
4.3. Ordering Policies. If you purchase any products or services on or through
the Website or Service, you agree that your use of the product or service is
limited by this Membership Agreement as well.
4.4. Password Restricted Areas of the Website. Most areas of the Website are
password restricted to registered users (“Password-Protected Areas”). If you
have registered as an authorized user to gain access to these
Password-Protected Areas, you agree that you are entirely responsible for
maintaining the confidentiality of your password, and agree to notify Kapow
Course if the password is lost, stolen, disclosed to an unauthorized third
party, or otherwise may have been compromised. You agree that you are entirely
responsible for any and all activities that occur under your account, including
any fees that may be incurred under your password-protected account, whether or
not you are the individual who undertakes such activities. You agree to
immediately notify Kapow Course of any unauthorized use of your account or any
other breach of security in relation to your password or the Website that is
known to you.
4.5. Spam Policy: You may not use the Website or Services to engage in
unethical marketing activities, including without limitation spamming. The
following are examples of activities that are not permitted, and which may
result in an immediate deactivation of your account or termination of your
membership: a) disguising the origin of any content transmitted to or through
the Website or Services, or using any other means of deceptive addressing; b)
relaying email from a third party’s mail servers without the permission of that
third party; c) transmitting any material that is unlawful or used without
adequate permission from the owner of the material; d) harvesting email
addresses in a manner that is unlawful or in violation of the rights of a third
party; e) sending email that contains inaccurate header information or domain
names that are not valid or do not exist; f) sending email that contains false
or misleading information in the subject line or body of the message; g)
sending email that does not indicate that it is an advertisement, does not
include a functioning opt-out mechanism, or does not include your valid
physical mailing address; or h) sending email that violates applicable law,
including without limitation the CAN-SPAM Act or the applicable laws of the
jurisdictions from which you send email or in which the email is received the
acceptable use policies of Kapow Course’ email service provider.
5. Reservation of Rights
5.1. Monitoring. Kapow Course reserves the right, but does not assume the
obligation, to monitor transactions and communications that occur through the
Website and Service. If Kapow Course determines, in its sole and absolute
discretion, that you or another user has or will breach a term or condition of
this Membership Agreement or that such transaction or communication is
inappropriate, Kapow Course may cancel such transaction or take any other
action to restrict access to or the availability of any material that may be
considered objectionable, without any liability to you or any third party.
5.2. Modification of the Service. Kapow Course may modify the Website or
Services at any time with or without notice to you, and will incur no liability
for doing so.
6.1. Kapow Course asks that you respect the Website online community. Your
conduct when using the Website and Services should be guided by common sense
and basic etiquette. To further these common goals, you agree not to:
6.1.1. Disparage the products or services of any company or individual.
6.1.2. Impersonate or represent Kapow Course, Kapow Course staff, or other
6.1.3. Link to or post content not allowed on the Website.
6.1.4. Solicit a user’s password or other account information.
6.1.5. Harvest user information for any purpose.
6.1.6. Use racially or ethnically offensive language; discuss or incite
illegal activity; use explicit or obscene language; or solicit or post sexually
6.1.7. Harass, threaten, or embarrass anyone.
6.1.8. Post anything that you do not have the legal right to post; and
6.1.9. Violate any law, or make any untrue or misleading statement;
7.1. Your Submissions. When you submit questions, comments, suggestions,
ideas, message board postings, material submitted via web forms, contest
entries, communications or any other information (“Submissions”), you grant Kapow
Course an unrestricted license to use such Submissions for any purpose,
including without limitation marketing and other promotional purposes and the
right to sublicense. You agree that Kapow Course will have no obligation to
keep any Submissions confidential. You will not bring a claim against Kapow
Course based on “moral rights” or the likes arising from Kapow Course’ use of a
7.2. Submissions by Others. Kapow Course does not control the content posted
by third parties and does not guarantee the accuracy, integrity, or quality of
such content. You understand that by using the Website or Services, you may be
exposed to content that is offensive, indecent, or objectionable. Under no
circumstances will Kapow Course be liable in any way for any content,
including, but not limited to, for any errors or omissions in any content, or
for any loss or damage of any kind incurred as a result of the use of any
content posted, emailed, transmitted, or otherwise made available via the
Website or Services by third parties.
8. Representations and Warranties
8.1. Mutual Representations and Warranties. Each party represents to the
other that: (i) the party has the full power and authority to enter into and
perform under this Membership Agreement, (ii) execution and performance of this
Membership Agreement does not constitute a breach of, or conflict with, any
other agreement or arrangement by which the party is bound, and (iii) the terms
of this Membership Agreement are a legal, valid, and binding obligation of the
party entering into this Membership Agreement, enforceable in accordance with
these terms and conditions.
8.2. By You. You represent and warrant to Kapow Course that, in your use of
the Website and Services, you: (i) will not infringe the copyright, trademark, patent,
trade secret, right of privacy, right of publicity or other legal right of any
third party; (ii) will comply with all applicable laws, rules, and regulations;
(iii) will not disrupt or damage any software or hardware; and (iv) you will
provide correct, current, and complete billing and contact information.
9. Arbitration and Waiver of Class Claims
9.1. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES
BETWEEN YOU AND Kapow Course, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT
CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE, OR LOCAL STATUTE, LAW, ORDER,
ORDINANCE, OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY
THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE
AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE
PARTIES FURTHER AGREE THAT THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE
ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE
IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT.
JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A Wyoming
STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT
IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS
INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE
GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
9.2. The following procedures shall apply:
9.2.1. Any party that intends to make a claim shall first notify the
opposing party in writing of such intention and shall describe in such notice,
with reasonable particularity, the nature and basis of such claim, and the
total amount of the claim. Within thirty (30) days of receipt of such notice,
the party receiving notice of a claim shall provide a written response which,
with reasonable particularity, sets forth its position concerning the claim. If
the parties are unable to resolve the dispute arising from the claim by good
faith negotiations to be conducted within the thirty (30)-day period following
the written response, either of them may initiate binding arbitration pursuant
to the terms and conditions set forth below.
9.2.2. In the event a party elects to proceed with binding arbitration, it
shall provide written notice thereof to the other party by registered or
certified mail. The arbitration shall be conducted in the state of California,
but may proceed telephonically in the event the total amount of the claim does
not exceed $2,500 U.S. dollars (if the claimant so chooses).
9.2.3. Separate and apart from the agreement to arbitrate set forth above,
the parties hereby independently waive any right to bring or participate in any
class action in any way related to, or arising from, this Membership Agreement.
10. Disclaimers and Exclusions
10.1. DISCLAIMER OF WARRANTIES. Kapow Course PROVIDES THE WEBSITE, SERVICES,
AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. Kapow Course DOES NOT
REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, OR WEBSITE CONTENT, OR USE
THEREOF: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR
ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE
CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Kapow Course MAKES NO
WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS MEMBERSHIP AGREEMENT, AND
HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND
10.2. EXCLUSION OF DAMAGES. Kapow Course WILL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL
DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF
GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE
OR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
10.3. LIMITATION OF LIABILITY. IN NO EVENT WILL Kapow Course’ LIABILITY IN
CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE LESSER OF (i)
THE AMOUNT PAID TO Kapow Course BY YOU DURING THE SIX MONTHS IMMEDIATELY
PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (ii) ONE HUNDRED
11.1. You must indemnify and hold Kapow Course and its employees,
representatives, agents, affiliates, directors, officers, managers and
shareholders (the “Parties”) harmless from any damage, loss, or expense
(including without limitation, attorneys’ fees and costs) incurred in
connection with any third-party claim, demand or action (“Claim”) brought
against any of the Parties alleging that you have breached any of provision in
this Membership Agreement through any act or omission. If you have to indemnify
Kapow Course under this section, Kapow Course will have the right to control
the defense, settlement, and resolution of any Claim at your sole expense. You
may not settle or otherwise resolve any Claim without the express written
permission of Kapow Course.
12.1. Termination. You agree that, under certain circumstances and without
prior notice, Kapow Course may suspend or terminate your use of the Website or
Services, including without limitation, if Kapow Course believes, in its sole
and absolute discretion, that you have breached a term of this Membership
Agreement. You acknowledge and agree that all suspensions and terminations
shall be made in Kapow Course’ sole discretion and that Kapow Course shall not
be liable to you or any other party for said suspension or termination.
12.2. Survival. Upon termination, your license to use the Website, Services,
and everything accessible by or through the Website or Services shall terminate
and the remaining provisions of this Membership Agreement shall survive
indefinitely unless and until Kapow Course chooses to terminate them.
12.3. Effect of Termination. Upon termination of any part of this Agreement
for any reason, Kapow Course may delete or assume ownership of any Content or
other things—including without limitation URLs, domain names, and email
lists—relating to your use of the Website or Services that is on Kapow Course’
servers or otherwise in Kapow Course’ possession or control, and Kapow Course
will have no liability to you or any third party for doing so.
13.1. All notices required or permitted to be given under this Membership
Agreement will be in writing and delivered to the other party by any of the
following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic
mail. If you give notice to Kapow Course, you must use the following address:
Ryve Media, 6503 Falls Church St, San Antonio, TX, 78247. If Kapow Course
provides notice to you, Kapow Course will use the contact information provided
by you. All notices will be deemed received as follows: (i) if by delivery by
U.S. mail, seven (7) business days after dispatch, (ii) if by overnight
courier, on the date receipt is confirmed by such courier service, or (iii) if
by electronic mail, 24 hours after the message was sent, if no “system error”
or other notice of non-delivery is generated. If applicable law requires that a
given communication be “in writing,” you agree that email communication will
satisfy this requirement.
14. Notification of Claims of Infringement
14.1. Kapow Course respects the intellectual property of others, and asks
users to do the same. Kapow Course may, in appropriate circumstances and at its
discretion, terminate service to users who infringe the intellectual property
rights of others. If you believe that your work has been copied in a way that
constitutes copyright infringement, please contact Kapow Course’ designated
agent to receive notice of claimed infringement: Kapow Course. Provide the
following information required by the Digital Millennium Copyright Act, 17
U.S.C. § 512: (i) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; (ii) a description of
the copyrighted work that you claim has been infringed, including the URL
(i.e., web page address) of the location where the copyrighted work exists or a
copy of the copyrighted work; (iii) identification of the URL or other specific
location on the Website where the material that you claim is infringing is
located; (iv) your address, telephone number, and email address; (v) a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; (vi) a statement by
you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the copyright
15.1. This Membership Agreement will be binding upon each party hereto and
its successors and permitted assigns, and governed by and construed in
accordance with the laws of the State of Wyoming without reference to conflict
of law principles. This Membership Agreement will not be assignable or
transferable by you without Kapow Course’ prior written consent. This
Membership Agreement (including all of the policies and other Agreements
described in this Membership Agreement, which are hereby incorporated herein by
this reference) contain the entire understanding of the parties regarding its
subject matter, and supersedes all prior and contemporaneous agreements and
understandings between the parties regarding its subject matter. No failure or
delay by a party in exercising any right, power or privilege under this
Membership Agreement will operate as a waiver thereof, nor will any single or
partial exercise of any right, power or privilege preclude any other or further
exercise thereof or the exercise of any other such right, power, or privilege.
Any rights not expressly granted herein are reserved. You and Kapow Course are
independent contractors and independent businesses, and no agency, partnership,
joint venture, or employee-employer relationship is intended or created by this
Membership Agreement. The invalidity or unenforceability of any provision of
this Membership Agreement will not affect the validity or enforceability of any
other provision of this Membership Agreement, all of which will remain in full
force and effect. If you have questions or concerns regarding this Membership
Agreement, you should contact Kapow Course by emailing [email protected] and
writing “Membership Agreement” in the subject line.
concerned with how their ‘Personally identifiable information’ (PII) is being
used online. PII, as used in US privacy law and information security, is information
that can be used on its own or with other information to identify, contact, or
locate a single person, or to identify an individual in context. Please read
use, protect or otherwise handle your Personally Identifiable Information in
accordance with our website.
What personal information do we collect from the people that visit our blog,
website or app?
When ordering or registering on our site, as appropriate, you may be asked
to enter your name, email address or other details to help you with your
When do we collect information?
We collect information from you when you register on our site, fill out a
form or enter information on our site.
How do we use your information?
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
• 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 improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and
How do we protect visitor information?
We do not use vulnerability scanning and/or scanning to PCI standards.
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
All transactions are processed through a gateway provider and are not stored
or processed on our servers.
Do we use ‘cookies?’
Yes. Cookies are small files that a site or its service provider transfers
to your computer’s hard drive through your Web browser (if you allow) that
enables the site’s or service provider’s systems to recognize your browser and
us remember and process the items in your shopping cart. They are also used to
help us understand your preferences based on previous or current site activity,
help us compile aggregate data about site traffic and site interaction so that
we can offer better site experiences and tools in the future.
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site interactions in order
to offer better site experiences and tools in the future. We may also use
trusted third party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being
sent, or you can choose to turn off all cookies. You do this through your
browser (like Internet Explorer) settings. Each browser is a little different,
so look at your browser’s Help menu to learn the correct way to modify your
If users disable cookies in their browser:
If you disable cookies off, some features will be disabled. It will turn off
some of the features that make your site experience more efficient and some of
our services will not function properly.
However, you can still place orders
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your
personally identifiable information.
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.
Google’s advertising requirements can be summed up by Google’s Advertising
Principles. They are put in place to provide a positive experience for users.
We have not enabled Google AdSense on our site but we may do so in the
We don’t need them.
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
In order to be in line with Fair Information Practices we will take the
following responsive action, should a data breach occur:
We will notify the users via email
• Within 1 business day
We will notify the users via in site notification
• Within 1 business day
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
• Process orders and to send information and updates pertaining to orders
• We may also send you additional information related to your product and/or
• Market to our mailing list or continue to send emails to our clients after
the original transaction has occurred
To be 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
• 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.