1. ACCEPTANCE OF TERMS & CONDITIONS
By accessing and using the website at https://jamespropertyuniversity.io (hereinafter referred to as "Website"), you are agreeing to be bound by these Terms & Conditions (hereinafter referred to as "Terms") which are established by MadTech Media L.L.C-FZ (hereinafter referred to as "Company", "we", "us", or "our"), a company registered in Dubai, United Arab Emirates, with its registered office at Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, U.A.E.
Please read these Terms carefully. If you do not agree with any part of these Terms, you must immediately stop using the Website and the services we provide.
Your access to and use of the services we provide is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Website and our services, you agree to be bound by these Terms.
These Terms apply to all visitors, users, and others who wish to access or use the services provided by the Website. By agreeing to these Terms, you represent that you are legally competent to enter into a contract. If you are using the Website on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.


2. DEFINITION OF TERMS
In these Terms, unless the context otherwise requires, the following definitions apply:
2.1 "Company", "we", "us", or "our" means MadTech Media L.L.C-FZ, a company registered in Dubai, United Arab Emirates, with its registered office at Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, U.A.E.
2.2 "User", "you", or "your" refers to any individual or entity that uses our Website or services.
2.3 "Website" refers to https://jamespropertyuniversity.io.
2.4 "Services" refer to the online courses offered by the Company through the Website.
2.5 "Course" or "Courses" refers to any online course or content available for purchase on the Website.
2.6 "Content" refers to all information, data, text, design, graphics, images, audio, video, software, features, products, services, and other materials contained, depicted, or offered on our Website.
2.7 "Terms" refers to this Terms & Conditions document as may be renewed, modified, or updated from time to time, in our sole discretion.
Please note that the Terms form a legally binding agreement between you and the Company regarding your use of the Services. It is important that you read and understand the Terms as by accessing or using our Services, you agree to be bound by the Terms and our Privacy Policy. If you do not agree to these terms, please do not access or use our Services.

3. GENERAL TERMS OF SERVICE
The Website is an online platform that provides informational courses relating to property purchasing, financials analyzing, yield analyzing, and understanding budgeting for refurbishing a house and buying furniture and paying for services and trades (the “Services”). These Services are provided on an 'as is' basis and are used at the user’s discretion.
By using the Website, you agree that you are at least 18 years of age and you are legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
The content of the Services is provided for informational purposes only, with no assurance that the data, information or opinions are correct or are the most recent available. While every effort has been made to ensure the accuracy and completeness of the information contained on the Website, we cannot guarantee the reliability, completeness, accuracy, or integrity of any information on the Website.
The Services are not intended to provide any professional advice, and should not be relied upon in this respect. You should not take, or refrain from taking, action based on its content. Instead, users should always consult with an appropriately qualified professional or carefully consider their own circumstances prior to making any decisions.
It is your responsibility to ensure that any Services available through this Website meet your specific requirements, including but not limited to local regulations and compliance requirements in your jurisdiction. We will not be held liable for any losses or damages incurred as a result of your usage of the Website or its Services.
We make no guarantee that the Website or any of its Services, or any part thereof, will always be available or be uninterrupted. We reserve the right to withdraw or modify the
Website, its Services, or any part thereof, temporarily or permanently and with or without notice to you. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of the Website or any of its Services.
By agreeing to these Terms, you also agree to comply with the provisions of our Privacy Policy, which is incorporated herein by reference. Your agreement to these Terms also constitutes your consent to the information practices disclosed in our Privacy Policy.

4. REGISTRATION AND ACCOUNT SECURITY
To access certain features of the Website, you may need to register for an account. In doing so, you must provide us with accurate, complete, and updated registration information. Failure to do so will constitute a breach of these Terms, which may result in the immediate termination of your account.
You are solely responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

5. ACCOUNT RESPONSIBILITY
Upon creating an account on our Website, you agree to maintain the security of your account by not sharing your login credentials with anyone. You further agree to promptly notify us of any unauthorized use or suspected unauthorized use of your account, or any other known or suspected breach of security, including but not limited to loss, theft, or unauthorized disclosure of your password or credit card information.
Users are entirely responsible for any and all activities conducted through their accounts. Users are also responsible for paying any amounts billed to their credit card by a third party which were not authorized by you.
You agree to maintain accurate account information by promptly updating all account information to keep it true, accurate, current, and complete. If you provide any information that is false, misleading, incomplete, or not current, or if we have reasonable grounds to suspect that such information is misleading, incomplete, or not current, we reserve the right
to suspend or terminate your account and refuse any and all current or future use of the Services.
We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

6. USER RESPONSIBILITIES
As a User of the Website, you are responsible for your use of the Services, and for any use of the Services made using your account. You agree not to access, copy, or otherwise use the Services, including our intellectual property and trademarks, except as authorized by these Terms or as otherwise authorized in writing by us.
You agree to abide by all laws and regulations applicable to your use of our Services. You must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
You agree not to distribute any virus or other harmful computer code through the Services. Furthermore, you agree not to use the Services in a way that interferes with the normal operation of our Services, or that could damage, disable, overburden, or impair our servers or networks.
You will not make false or misleading statements about our Services. You will not impersonate any person or entity, or falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission.
You agree not to post, share or disseminate any defamatory, obscene, indecent or unlawful material or information via our Services, or engage in any activity that constitutes a criminal offense or gives rise to a civil liability.
We reserve the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Users acknowledge that we have no obligation to monitor their access to or use of the Services, but we have the right to do so for the purpose of operating the Services, to ensure users’ compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

7. COURSE DESCRIPTION AND AVAILABILITY
The Website offers a variety of online courses related to property purchasing in England, tax advice, analyzing financials, analyzing yields, identifying viable properties to buy, and budgeting for refurbishment and purchases related to home and trade services. Each course is designed to provide informational content and may include video, audio, text, and other interactive mediums to deliver its content.
All course descriptions, images, and prices are listed on the Website and are subject to change at any time without notice, at the sole discretion of the Company. We endeavor to display as accurately as possible the descriptions of our courses on the Website. However, we cannot guarantee that all details are accurate, complete, or error-free.
The availability of courses is subject to change without notice. We reserve the right, but are not obligated, to limit the sales of our courses to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
While we strive to offer a high-quality learning experience, we cannot guarantee that each course will meet your expectations. The effectiveness of the courses may vary depending on various factors including, but not limited to, your engagement, dedication, and personal circumstances.
Please note that our courses do not provide professional or certified training or qualifications in property, finance, or tax. Our courses provide personal insights and experiences of the course instructors and are intended for informational purposes only.

8. PURCHASING COURSES
When you make a purchase on the Website, you agree to provide a valid payment method. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for the purchase of any courses (including any applicable taxes and other charges) (collectively, as the "Order").
You acknowledge that the amount billed may vary due to promotional offers, changes to your Order, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your account or Order, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method.
We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you provided when you set up your account.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any of our courses (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the courses.
Please note that all sales are final and we do not offer any refunds or credits for partially completed courses or for any unused period in accordance with our Refund and Cancellation Policy. Please refer to the respective section in these Terms for more details.

9. INTELLECTUAL PROPERTY AND PROHIBITED USES
All intellectual property rights in and to our Services, including but not limited to our Website, our courses, our content, our databases, our trademarks, our logos, and any updates or modifications thereto, whether or not patentable, copyrighted, or protected as a trade secret, are the sole and exclusive property of MadTech Media L.L.C-FZ or its licensors. Your use of our Services does not grant you any ownership over any Content and you may only use such Content in accordance with these Terms.
The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Content solely for personal, non-commercial purposes, subject to your compliance with these Terms.
You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Services or Content, except as expressly permitted in these Terms.
Any use or exploitation of the Services or Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein.
You are not allowed to record, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services or any part thereof. Further, you may not leverage the Services or Content to build a similar or competitive service or product. Any unauthorized use of the Services will lead to the immediate revocation of the license granted herein.
You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. The Company’s name, the Company’s logo, and other Company logos and product and service names are trademarks of the Company. You agree not to display or use these trademarks without the Company's prior written permission.

10. REFUND AND CANCELLATION POLICY
We provide clear details and descriptions of our courses to help you make an informed decision before purchasing. We encourage you to read these descriptions thoroughly and take advantage of any preview materials provided.
All purchases made on the Website are final and non-refundable. Once you purchase a course and/or start watching the course videos, you will not be eligible for a refund. This policy applies to all users and there will be no exceptions.
We do not offer any refund or credit for partially watched courses or for any unused period of the course. Once you access the course by viewing at least one video of the course, you acknowledge that you waive your right to a refund.
In the event that you have not accessed the course by viewing any of the course videos, the Company may, in its sole discretion, consider a refund if you present compelling reasons. These cases will be evaluated on a case-by-case basis.
We reserve the right to cancel your access to a course if we suspect any fraudulent activity concerning your payment. We also reserve the right to cancel any course or change any course price at any time. In the event that a course is cancelled and not replaced, you will be notified and if you have already paid for the course, a refund will be processed.
Please note that we are not responsible for any bank fees, charges, or differences in exchange rates when refunding to your bank account. We make no guarantees concerning the time required to complete transmission of your refund to your bank account as this is dependent on your bank's policies and procedures.
If you have any questions or problems, please let us know by contacting our support team directly. The support team can be reached at info@jamespropertyuniversity.io.

11. COURSE CONTENT OWNERSHIP AND COPYRIGHT
MadTech Media L.L.C-FZ retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Courses, the Course content, and the Services. MadTech Media L.L.C-FZ owns and retains all rights, titles, and interest in and to the Course and all associated copyrights, trademarks, trade secrets, patents, and other intellectual property rights under the law. Nothing in these Terms & Conditions or otherwise shall be construed to convey to you an interest in or to MadTech Media L.L.C-FZ's Course and Course content other than a limited right to use them consistent with these Terms & Conditions.
All materials provided to you as part of your Course, which are known as 'Course Materials', are proprietary and owned by MadTech Media L.L.C-FZ. By agreeing to these Terms & Conditions, you understand that the Course Materials provided to you are for your individual
use only. The Course Materials may not be copied, reproduced, distributed, or otherwise exploited in any way.
MadTech Media L.L.C-FZ respects the intellectual property of others and expects its users to do the same. It is MadTech Media L.L.C-FZ’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

12. COURSE CONTENT PROHIBITION OF COPYING AND RESELLING
Any unauthorized copying, publication or disclosure of any portion of the Website's content, including Course content, is strictly prohibited. You agree not to copy, modify, host, stream, sublicense, or resell the Services, content, or any portion of the Website, use the Services, or access the Website, to construct any kind of database, to make unauthorized copies of the Course materials, or to reproduce, record, retransmit, sell, distribute, rent, lease, lend, sublicense, give or otherwise transfer any Course or to any third party any rights to access or use the Courses.
Unless expressly agreed in writing by MadTech Media L.L.C-FZ, no part of the Services, including the Courses, may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means. Any unauthorized use of the Services, such as the resale or distribution of Courses, resources, Course Materials, is prohibited and will be considered a violation of this agreement.
Violation of these restrictions will be considered infringement of MadTech Media L.L.C-FZ's intellectual property rights, and MadTech Media L.L.C-FZ reserves its right to take any and all steps necessary to protect its proprietary rights, including but not limited to legal action.
You are not allowed to use any part of the Course for commercial use or for resale, rent or to make derivative works based on it. Your purchase of a Course grants you a limited, non-exclusive, non-transferable license to access and view the Courses and associated Course Materials for personal, non-commercial, informational purposes only. All other uses are expressly prohibited. Unauthorized use, copying, or access of the Course, the Course Materials, or the Platform is a material breach of these Terms & Conditions and may result in immediate termination of your access to the Course, the Course Materials, and the Platform, as well as legal action.
The prohibition to resell or distribute extends to any method of distributing Course content, whether for profit or not. This includes but is not limited to sharing account information with other individuals, enabling them to access the Course content, duplicating Course content, and distributing it, or making it available for distribution.

13. COPYRIGHT INFRINGEMENT NOTICE
MadTech Media L.L.C-FZ values and respects the intellectual property rights of others and expects the same from its users. We comply with the provisions of the Copyright, Designs and Patents Act 1988 and the Electronic Commerce (EC Directive) Regulations 2002 applicable to internet service providers.
If you believe that any content on our Website or Services infringes your copyright, which you own or control, you may file a notice of such infringement with our designated agent as indicated below:
MadTech Media L.L.C-FZ,
Business Center 1, M Floor,
The Meydan Hotel, Nad Al Sheba,
Dubai, U.A.E
Email: info@jamespropertyuniversity.io
Please refer to the relevant sections of the Copyright, Designs and Patents Act 1988 and the Electronic Commerce (EC Directive) Regulations 2002 for the requirements of a proper notification. Additionally, please note that if you knowingly make a false claim that any activity or material on our Website or Services infringes your copyright, you may be liable to MadTech Media L.L.C-FZ for certain costs and damages.
Upon receipt of a valid copyright infringement notice, if we have a good faith belief that a Course, Course Material, or content on our Services infringes your copyright, we will remove the infringing content. We also maintain a policy to terminate the accounts of repeat infringers when appropriate.
It is our policy to respond to clear notices of alleged copyright infringement that comply with UK law. Furthermore, if a user is determined by MadTech Media L.L.C-FZ to be a 'repeat infringer', we will promptly terminate their access to the Services without notice. A 'repeat infringer' refers to a user who has been notified by MadTech Media L.L.C-FZ of infringing activity violations on more than two occasions and/or has had their user submissions or other user-related content or postings removed from the Services on more than two occasions.

14. USER CONTENT AND CONDUCT
As a user, you may be allowed to post, upload, publish, submit or transmit relevant information and content (User Content) on our Website. By making available any User Content on or through our Services, you hereby grant to MadTech Media L.L.C-FZ a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Services.
You are solely responsible for all User Content that you make available on or through our Services. You represent and warrant that you are the sole owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents, and releases that are necessary to grant to MadTech Media L.L.C-FZ the rights in and to such User Content, as contemplated under these Terms & Conditions. You also represent and warrant that neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or MadTech Media L.L.C-FZ's use of the User Content will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to engage in any of the following prohibited activities:
1. Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping".

2. Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional online web browser.

3. Transmitting spam, chain letters, or other unsolicited email.

4. Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services.

5. Taking any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure.

6. Uploading invalid data, viruses, worms, or other software agents through the Services.

7. Collecting or harvesting any personally identifiable information, including account names, from the Services.

8. Using the Services for any commercial solicitation purposes.

9. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.

10. Interfering with the proper working of the Services.

11. Accessing any content on the Services through any technology or means other than those provided or authorized by the Services.

Bypassing the measures we may use to prevent or restrict access to the Services, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
By accepting these Terms & Conditions, you agree to comply with these rules regarding User Content and conduct and understand that a breach may result in, among other things, termination of your account and use of our Services.

15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Services, including the Website and its contents, are provided on an "as is" and "as available" basis without any warranties of any kind. The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
The Company does not warrant the accuracy, completeness or timeliness of the information contained on the Website or in the courses. You may use the information, the Website, and the courses at your own discretion and risk. The circumstances surrounding each user are unique, and you may not rely upon the experiences or results shared by the instructors as predictions of your own outcomes.
The Company does not make any warranties regarding any products or services purchased or obtained through the Website, or any transactions entered into through the Website, unless explicitly stated by the Company. No advice or information obtained by you from the Company or through the Website shall create any warranty not expressly made in these terms.
To the maximum extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, or agents be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service.
In addition, the Company does not represent or warrant that the Website will be secure, uninterrupted and/or error-free, that defects will be corrected, or that the Website or the server that makes the Website available are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials on the Website in terms of their correctness, accuracy, reliability, or otherwise. You are responsible for taking all precautions necessary to ensure that any content you may obtain from the Website is free of viruses and other potentially harmful devices.

16. INDEMNIFICATION
You agree to indemnify and hold harmless the Company, its directors, officers, employees, partners, licensors, and agents from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
i) Your use of and access to the Services;
ii) Your violation of any term of these Terms;
iii) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
iv) Any claim that your use of the Services caused damage to a third party.
This indemnification obligation will survive the termination of these Terms and your use of the Services. You acknowledge that the Company has set its prices and entered into these Terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose), and that they form an essential basis of the bargain between the parties.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

17. THIRD PARTY SITES AND LINKS
The Website may contain links to third-party websites or resources for your convenience. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of those websites or resources or the content, products, or services available from such websites or resources.
You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Interactions with these third-party websites are at your own risk. Any charges or obligations you incur in your dealings with these third parties are your responsibility. The Company makes no guarantee about the accuracy or completeness of the information provided by third-party websites and disclaims all liability for any damages, whether direct, indirect, incidental or consequential, arising out of the use of the information provided on a third-party website.

18. CONFIDENTIALITY
You understand and agree that all material and information, including, but not limited to, all items listed above, business and marketing plans, customer lists, operation procedures, trade secrets, design formulas and programming code, amount and sources of any income, profits, past and future sales, all other financial information, personal information of its members, all business operations procedures, information related to proprietary rights and trade secrets, and any other information related to business, for present or future businesses, of the Company, which the Company considers as confidential (herein "Confidential Information") is to be held in absolute confidence.
You will not, without prior written consent of the Company, disclose, copy, distribute, sell, make any derivative work, or otherwise use any Confidential Information.
Notwithstanding the foregoing, Confidential Information does not include any information that is in the public domain or becomes publicly known through no fault of yours, or is otherwise properly received from a third party without an obligation of confidentiality.

19. INTELLECTUAL PROPERTY RIGHTS
All rights, title, and interest in and to the Services (excluding User Content) are and will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, trademark, and other laws, both foreign and domestic. Nothing in these Terms gives you a right to use the Company’s name or any of the Company’s trademarks, logos, domain names, and other distinctive brand features, without our express written consent.
All trademarks, service marks, logos, trade names and any other proprietary designations of the Company used herein are trademarks or registered trademarks of the Company. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Services, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms.
Any use of the Company’s intellectual property for purposes not expressly permitted by these Terms is strictly prohibited without the Company’s express written consent from the Company, which consent may be withheld in the Company’s sole discretion, and which may be obtained, if granted at all, only pursuant to a written agreement from the Company.

20. INFORMATIONAL PURPOSE DISCLAIMER
The Services provided by the Company are intended for informational purposes only. The Company provides Users with a variety of online resources, including, but not limited to, online courses, articles, tips, advice, user forums, and downloadable content (collectively, "Materials"). These Materials are not intended as a substitute for professional advice. Please refer to our Informational Purpose Disclaimer for further details.

21. FINANCIAL ADVICE DISCLAIMER
Some Materials on our Website may involve discussions of financial matters. These discussions are intended to provide Users with general information and do not constitute professional financial advice. Users should not rely on this information as the primary basis for making financial decisions. Please refer to our Financial Advice Disclaimer for further details.

22. PROPERTY PURCHASE ADVICE DISCLAIMER
Our Services may provide Users with information related to purchasing properties, including discussions and insights based on the experiences of our instructors. This information should not be considered as professional or legal advice. Users are advised to consult with a certified real estate professional or legal advisor before making any property purchase decisions. Please refer to our Property Purchase Advice Disclaimer for more details.

23. TAX ADVICE DIe control of the Company. You should consult with professionals in the appropriate field before acting on any content on this Website.
The Company does not guarantee the accuracy, completeness, or usefulness of any information presented on the Website. Moreover, the Company does not endorse, nor is responsible for, the accuracy and reliability of any opinion, advice, or statement made by the Company or its representatives. Under no circumstances will the Company, its owners, officers, directors, employees, contractors, agents, affiliates, suppliers, or licensors be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or disseminated to or by any User.

25. REFUND AND CANCELLATION POLICY
We aim to ensure satisfaction with our Services, however, we also need to protect our interests. For that reason, we have a Refund and Cancellation Policy which you must agree to when purchasing a course. Our policy states that refunds may be granted solely at the discretion of the Company.
If a refund is sought before watching more than 5 lessons of a purchased course, it may be considered. However, no refunds will be provided to any user who has viewed more than 5 lessons of a purchased course. The decision of whether to grant a refund will be made by the Company, taking into account the circumstances surrounding the request.
We encourage you to consider your decision to purchase our course carefully. By making a purchase, you agree that you are making a decision to access our intellectual property and, as such, any decision to refund a purchase is solely at our discretion.

26. FORCE MAJEURE
The Company is not liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
In such circumstances, we will make every effort to manage and minimize the disruption to our Services, however, some disruption may be unavoidable. By agreeing to these terms, you acknowledge that the Company will not be held liable for any delay or failure in the delivery of our Services in such circumstances. This clause does not affect your statutory rights.

27. AMENDMENTS TO TERMS & CONDITIONS
MadTech Media L.L.C-FZ reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time without any prior written notice. It is your responsibility to review these Terms & Conditions periodically for updates or changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms & Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. If you do not agree to the new terms, in whole or in part, please stop using the website and our Services.

28. PRIVACY POLICY
Your privacy is of utmost importance to us at MadTech Media L.L.C-FZ. We are committed to protecting the privacy, confidentiality, and security of the personal information we hold by
complying with the requirements of applicable laws and regulations. This includes, without limitation, meeting the requirements of the General Data Protection Regulation (GDPR).
Our Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read this policy carefully to understand our views and practices regarding your personal data and how we will treat it. By using our Website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy. For a comprehensive understanding of our practices, we urge users to visit and review our complete Privacy Policy page on the Website.

29. DATA PROTECTION AND GDPR COMPLIANCE
We comply with the principles of data protection set out in the EU General Data Protection Regulation. We are committed to keeping your personal information accurate, secure, and processed fairly and lawfully. We will process personal data for the purposes necessary for the performance of our contract with you, in order to comply with our legal obligations, for the pursuit of our legitimate interests, and/or with your consent.
Your personal data will not be shared, sold, or disclosed to a third party except where the law requires it or where we have your consent. We will not collect more information than we need for the purpose for which we are collecting it. We will update our records when you inform us that your details have changed, and we will continue to review and assess the quality of our information.
For detailed information on how we process your personal data, your rights under data protection laws, and how you can exercise them, please refer to our Privacy Policy.

30. COMPLAINTS AND DISPUTE RESOLUTION
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle such disputes, claims, questions, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
If they do not reach such solution within a period of 60 days, then upon notice by either party to the other, disputes, claims, questions, or disagreements shall be mediated in accordance with the regulations in the United Arab Emirates, unless both parties mutually agree otherwise. If you have any complaints, please reach out to our customer service at the contact information provided on the Website.

31. GOVERNING LAW AND JURISDICTION
These Terms & Conditions are governed by and construed in accordance with the laws of the United Arab Emirates. The parties agree that the courts of Dubai, U.A.E will have exclusive jurisdiction over any claim or dispute concerning or arising from these Terms & Conditions.

32. SEVERABILITY
If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible such that the remaining provisions of the Terms & Conditions will continue in full force and effect.

33. ENTIRE AGREEMENT
These Terms & Conditions, along with any additional terms or policies incorporated herein by reference, represent the entire agreement between you and MadTech Media L.L.C-FZ, and supersede any and all previous written or oral agreements existing between you and the Company.

34. WAIVER
No failure or delay by the Company in exercising any right, power, or privilege under these Terms & Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

35. TRANSFER OF RIGHTS
You may not transfer or assign any or all of your rights or obligations under these Terms & Conditions. MadTech Media L.L.C-FZ reserves the right to transfer or assign these Terms & Conditions or any right or obligation under these Terms & Conditions at any time. Any attempted transfer in violation hereof will be void and of no force and effect.

36. CUSTOMER SERVICE AND CONTACT INFORMATION
For any questions or queries related to these Terms & Conditions, the courses, or any other aspect of the services provided by MadTech Media L.L.C-FZ, you may contact our customer service team. The team is dedicated to assisting you and can be reached at the contact information provided on our Website. We aim to respond to your queries within a reasonable time but make no guarantees or warranties of any kind about the specific response time.

37. TERMINATION AND SUSPENSION
MadTech Media L.L.C-FZ reserves the right to suspend or terminate your account and/or your access to the Website and the Services at any time and without notice, if we believe, in our sole discretion, that you have breached any term or condition of these Terms &
Conditions. Suspension or termination will not affect either party’s statutory rights or liabilities.

38. EVENTS BEYOND OUR CONTROL
MadTech Media L.L.C-FZ shall not be held responsible for any failure to comply with our obligations under these Terms & Conditions if such failure is caused by events beyond our reasonable control. This condition does not affect your statutory rights. These events may include, but are not limited to, acts of God, strikes, lockouts or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

39. ASSIGNMENT
These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MadTech Media L.L.C-FZ without restriction.

40. NO PARTNERSHIP OR AGENCY
Nothing in these Terms & Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between you and the Company, constitute either party the agent of the other party, or authorize either party to make or enter into any commitments for or on behalf of the other party. You confirm that you are acting on your own behalf and not for the benefit of any other person.

41. BREACH OF TERMS & CONDITIONS
If you breach these Terms & Conditions and we take no action against you, we will still be entitled to enforce our rights and remedies against you in any other situation where you breach these Terms & Conditions. We may take legal actions to enforce these Terms & Conditions, including, but not limited to, seeking legal remedies and injunctions for violations of these Terms & Conditions.

42. EFFECT OF TERMINATION/SURVIVAL OF SELECTED TERMS
Even after your rights under these Terms & Conditions are terminated, all provisions of these Terms & Conditions which by their nature should survive termination, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website and the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to MadTech Media L.L.C-FZ or any third party.
The termination of these Terms & Conditions will not affect the rights, obligations, or liabilities of either party that have accrued before termination. The right to terminate these Terms & Conditions given by this clause will not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
Upon the termination of your account, you understand and acknowledge that we will have no further obligation to provide the Services and all licenses and other rights granted to you by these Terms & Conditions will immediately cease. We will not be liable to you or any third party for termination of the Services or termination of your use of the Services.

43. MISCELLANEOUS PROVISIONS
These Terms & Conditions constitute the entire agreement between you and MadTech Media L.L.C-FZ and governs your use of our services and supersedes any prior agreements between you and MadTech Media L.L.C-FZ. You may also be subject to additional terms and conditions that may apply when you use or purchase other MadTech Media L.L.C-FZ services, affiliated services, third-party content, or third-party software.
Our failure to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

44. NOTIFICATION OF CHANGES TO THE TERMS & CONDITIONS
MadTech Media L.L.C-FZ reserves the right to modify, amend, or update these Terms & Conditions from time to time without prior notice. If we do this, we will post the changes to these Terms & Conditions on this page and will indicate at the top of this page the date these terms were last revised. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms & Conditions and to review such changes. Your continued use of the Website and our services after any such changes indicates your acceptance of the new Terms & Conditions. If you do not agree to any of these terms or any future Terms & Conditions, do not use or access (or continue to access) the Website or the services.


45. FAIR USE POLICY, ADVICE & DEFINITIONS
Our service to you may include unlimited advice on day to day property topics relating to content inside the James Property University via messaging services including email, WhatsApp, Telegram, Zoom, Podia or similar platforms with messaging capabilities. The unlimited advice however is subject to a fair use policy. If we determine that the amount of advice has or will exceed fair use we may charge separately for ongoing advice to you.
On occasions where specialist advice needs to be sought it maybe necessary for us to contact carefully selected third parties for guidance. Additional fees may apply this specialist advice that we will notify you of in advance.
As property investors and educators we are not regulated by the Financial Services Authority to conduct financial reviews, or offer investment or tax planning advice. For such advice we recommend you seek advice from a regulated and authorised Independent Financial Advisor. For clarification of any terms used such as "lifetime access" or similar, pertains to the meaning of the lifetime of the James Property University.

Last Updated on Aug 29, 2023

DISCLAIMERS
Jamespropertyuniversity.io (and websites related including the James Property podia website)

Welcome to our website, where we aim to provide valuable real estate information and guidance. Before engaging with our content and services, we implore you to read this disclaimer document carefully. This document outlines the scope and limitations of the information and advice we provide in our courses, and it is crucial to understand these parameters to ensure a fruitful and responsible learning experience. The Company, our directors, officers, employees, affiliates, agents, contractors, and licensors (collectively, "we," "us," "our") create content with the intent of providing high-quality information. We bring together a wealth of knowledge and expertise in real estate investment, offering detailed courses that include a wide range of subjects, from property selection to financial management. However, as we operate in a field subject to varying factors, including market volatility and legal intricacies, we must clarify that our content does not replace professional advice and cannot guarantee specific outcomes.
1. INFORMATIONAL PURPOSE DISCLAIMER
The courses and services offered on jamespropertyuniversity.io (hereinafter referred to as "The Website") by MadTech Media L.L.C-FZ (hereinafter referred to as "The Company") are intended solely for informational and informational purposes. The content of the courses, including text, graphics, images, and other material contained on the website, do not constitute professional advice in any form.
While the company strives to provide accurate and up-to-date information, the course material is not designed to serve as a substitute for professional advice, including but not limited to financial, real estate, tax, or legal advice. The content presented in the courses and services are based on the experiences and viewpoints of the instructors, and it should not be considered as professional or certified advice.
Users are encouraged to seek professional advice before making any decision related to property buying, financing, tax planning, or any other subject discussed in our courses. The company, its affiliates, officers, directors, employees, contractors, or the course instructors will not be liable for any actions taken, or any decisions made by the user based on the information provided on the website or in the courses.
The use of our services and the application of the course material is at the user's own discretion and risk. It is the user's responsibility to review and evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the services. Users are solely responsible for any consequences arising from the use of the course material.
2. FINANCIAL ADVICE DISCLAIMER
The content provided on the website and in the courses offered by the company are not intended to provide financial advice. Although we discuss topics related to finance, including, but not limited to budgeting, analyzing financials, investment strategies, the content is provided for informational and informational purposes only.
The company does not warrant the accuracy, completeness or usefulness of this information, nor does it endorse or recommend any specific financial decisions. Users are advised to seek the services of a certified financial advisor or other qualified professionals for financial advice tailored to their individual circumstances.
The company, its affiliates, officers, directors, employees, contractors, or the course instructors do not make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services.
Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the services, or by anyone who may be informed of any of its contents.
Users acknowledge and agree that the company is not acting as a financial advisor or fiduciary and it is their responsibility to seek independent advice before making any financial decisions.
3. PROPERTY PURCHASE ADVICE DISCLAIMER
The Company provides informational content related to property buying, including analyzing properties, understanding market trends, and interpreting relevant data. However, all such content is provided for informational and informational purposes only and should not be considered professional real estate advice or a recommendation to buy or sell any property.
Any suggestions, strategies, or tips shared in our courses are based on the instructors' personal experiences and professional knowledge. However, every property purchase is unique, and success depends on a variety of factors, including market conditions, the individual's financial situation, understanding of the real estate market, risk tolerance, and many more.
Property purchasing involves risks and uncertainties, and actual outcomes can differ significantly from the scenarios discussed in our courses. The company cannot guarantee that following the strategies shared in our courses will lead to successful property investments.
Users are strongly advised to consult with a professional real estate advisor or agent, conduct their own independent research and due diligence, and consider their financial situation, investment goals, and risk tolerance before making any property purchasing decisions. The Company, its instructors, affiliates, officers, directors, employees, or contractors will not be
liable for any decisions made or actions taken by the user based on the content provided in our courses.
4. TAX ADVICE DISCLAIMER
The Company's courses may include discussions about taxes, including but not limited to, property taxes, income taxes, and business taxes. However, these discussions are intended for informational and informational purposes only, and they do not constitute professional tax advice.
Tax laws and regulations are complex and subject to change. The discussions presented in our courses are based on the instructors' understanding of tax laws at the time of course creation. They may not reflect current tax laws or regulations, and they may not consider all the variables that could impact an individual's tax situation.
Therefore, the company highly encourages users to consult with a certified tax advisor or other qualified professional before making any tax-related decisions. The Company, its instructors, affiliates, officers, directors, employees, or contractors will not be liable for any decisions made or actions taken by the user based on the tax-related content provided in our courses.
By using our services, users acknowledge that the company is not providing tax advice and that it is their responsibility to seek independent advice from professionals who are knowledgeable about their specific tax situations.
5. INVESTMENT RISK DISCLAIMER
The Company's courses include discussions and information about investing, primarily in real estate. However, it is essential to understand that all types of investments, including real estate, come with inherent risks, and users must accept these risks when making investment decisions.
The information provided in our courses is intended for informational purposes only and should not be considered as financial or investment advice. The Company does not guarantee any specific outcome or profit from the strategies, tips, or advice shared in the courses. Past performance or success discussed in our courses does not guarantee future success.
Every investment and financial decision involves risk, and users must consider their financial situation, investment goals, and risk tolerance before making any investment decisions. Market conditions, economic factors, legal and regulatory changes, and many other factors can significantly affect the performance of investments. Users can experience losses, and the value of investments can go up and down.
Users are strongly advised to seek independent financial advice, conduct their own due diligence and research, and consider the potential risks before making any investment
decisions. The Company, its instructors, affiliates, officers, directors, employees, or contractors will not be liable for any decisions made or actions taken by the user based on the investment-related content provided in our courses.
6. CONTENT ACCURACY DISCLAIMER
The Company endeavors to ensure that the information presented in our courses is accurate, up-to-date, and reliable. However, due to the dynamic nature of the topics we cover, including real estate, finance, taxes, and others, the Company does not guarantee the accuracy, completeness, or timeliness of the content in our courses.
The information in our courses is based on the personal experiences and professional knowledge of our instructors, and it reflects the conditions and understandings at the time of the course's creation. Over time, this information may become outdated or less accurate due to changes in market conditions, laws, regulations, and other factors.
The Company does not assume responsibility for any errors, omissions, or inaccuracies in the content provided in our courses. Users are responsible for verifying the accuracy of the information and conducting their own independent research and due diligence.
Furthermore, the Company, its instructors, affiliates, officers, directors, employees, or contractors will not be liable for any decisions made, actions taken, or results obtained by the user based on the accuracy, completeness, or timeliness of the information provided in our courses. By using our services, users accept the risk that the information provided in our courses may not meet their specific needs or expectations.
7. PAST PERFORMANCE DISCLAIMER
Our courses often include examples, case studies, or discussions about previous real estate investments, financial outcomes, or business practices. These examples are provided for illustrative and informational purposes only and should not be taken as a guarantee, promise, or prediction of similar outcomes or success in your individual circumstance or future transactions.
Past performance, including past returns, does not guarantee future performance. The real estate market and investments in general can be volatile and unpredictable, influenced by a wide variety of external factors such as economic conditions, legal regulations, market demand, and many other considerations that can significantly affect the performance of an investment.
Each investment decision and financial practice should be carefully considered based on individual financial circumstances, risk tolerance, and investment objectives. The Company does not guarantee any specific outcomes or profits and is not responsible for any decisions or actions taken by the user based on the examples or past performance discussed in our courses.
8. FUTURE PERFORMANCE DISCLAIMER
Any forward-looking statements or predictions of future outcomes, including discussions of prospective real estate trends, markets, or investment performance, made in our courses are solely opinions and should not be relied upon as facts.
Predicting future outcomes in real estate investments or financial markets is inherently uncertain. There are a variety of factors that can significantly affect future performance, including changes in the economy, interest rates, real estate market trends, regulatory changes, and other unpredictable elements.
Forward-looking statements are based on assumptions and estimates that may not be accurate or realized. Users should not place undue reliance on these forward-looking statements or use them as the sole basis for making investment decisions.
The Company, its instructors, affiliates, officers, directors, employees, or contractors are not liable for any decisions made, actions taken, or results obtained based on the forward-looking statements or predictions of future performance made in our courses.
9. THIRD-PARTY CONTENT DISCLAIMER
Our courses may contain references to third-party materials, resources, products, services, or websites ("Third-Party Content"). These references are provided for informational and informational purposes only, and their inclusion does not imply endorsement, sponsorship, or affiliation by the Company.
The Company does not control, endorse, sponsor, or approve any Third-Party Content, and we make no representations or warranties about the accuracy, legality, appropriateness, reliability, quality, or completeness of such content. Any interactions or transactions between the user and any third party arising from such references are solely between the user and the third party.
Users are advised to independently verify any information contained within Third-Party Content and to read and understand the terms and conditions, privacy policies, and other policies of any third party before engaging in any transaction. The Company, its instructors, affiliates, officers, directors, employees, or contractors are not liable for any decisions made, actions taken, or results obtained based on the Third-Party Content referenced in our courses.
10. PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK DISCLAIMER
As a user of our courses, you agree to accept personal responsibility for the results of your actions. You agree to use judgement and conduct due diligence before taking any action or implementing any plan or recommendation. You understand that you are using any and all
information available through our courses voluntarily, and that your success depends primarily on your own effort, motivation, commitment, and follow-through.
You acknowledge that individual results may vary based on factors such as personal ability, experience, expertise, financial situation, market forces beyond our control, and other unpredictable events. The Company cannot and does not guarantee that you will attain a particular result or outcome, and you understand that results differ for each individual.
You accept and understand that there are inherent risks involved in real estate investing, financial decisions, and other actions discussed in our courses. By engaging in these activities, you accept and assume all risk associated therewith and understand that you are solely responsible for any results, positive or negative, of your actions.
11. PROFESSIONAL ADVICE DISCLAIMER
The courses and content provided by the Company are intended for informational and informational purposes only. They are not intended as, and should not be taken as, professional financial, legal, tax, investment, real estate, or other advice.
Any decisions or actions related to the information provided in our courses should be based on your own due diligence and consultation with qualified professionals in the relevant field. You should never disregard professional advice or delay in seeking it because of something you have read or learned in our courses.
The Company, its instructors, affiliates, officers, directors, employees, or contractors do not accept any responsibility for any decisions made, actions taken, or results obtained by users based on the information provided in our courses. Each user's personal circumstances are unique, and professional advice should be tailored to the individual and specific situation.
12. REAL ESTATE MARKET RISK DISCLAIMER
The real estate market is a dynamic and ever-changing entity, influenced by a wide range of factors such as economic conditions, supply and demand, legal and regulatory changes, location, and other market variables. Consequently, any information provided in our courses about the real estate market is meant to be informational and should not be relied upon as a prediction or guarantee of future market conditions or investment performance.
You understand that investing in real estate involves risk and potential loss of investment. It is possible that you may lose money or not make any money at all. The Company does not guarantee any specific outcome or profit, and you should be aware of the real possibility that you may lose your entire investment.
You accept and assume all risks associated with real estate investments based on the information provided in our courses, and you agree that the Company is not responsible for the success or failure of your investment decisions. You are strongly advised to do your own
due diligence and consult with professionals in the field before making any real estate investments.
13. TESTIMONIALS AND EXAMPLES DISCLAIMER
The Company may present real world examples and insights learned through the process of developing and operating real estate investment and courses. These illustrations and experiences are used for informational and illustrative purposes only and are not intended to represent or guarantee that current or future users will achieve the same or similar results.
Testimonials represent the unique experience of the individuals providing the testimonial, and do not necessarily reflect the experience that you may have using our services. Past performance is not indicative of future results, and individual success depends on a variety of factors, including individual skill, effort, and context.
Testimonials, examples, and success stories used by the Company are verified to the best of our ability. However, these should be seen as exceptional results, which do not or may not reflect the average experience. You should not rely on these testimonials and examples as a prediction or guarantee of your own success.
14. REFURBISHMENT AND REMODELING COST ESTIMATION DISCLAIMER
During the course of our training materials, we may provide general cost estimates for common real estate refurbishments, repairs, and remodeling tasks. These cost estimates are for informational and informational purposes only and should not be relied upon as definitive or comprehensive price guides.
The actual costs of refurbishment and remodeling can vary greatly depending on a range of factors, including the specific property, the location, the quality of materials used, the individual contractor, local labor costs, time of year, and many other variables.
It's strongly recommended that you obtain multiple quotations from reputable contractors before budgeting or proceeding with any refurbishment or remodeling work. The Company accepts no liability for actions taken on the basis of the cost information provided.
15. MARKET VALUE ESTIMATION DISCLAIMER
Any discussions or estimations of property market value within the courses are provided strictly for informational purposes. These estimations are based on the experiences of the instructors, current and historical market conditions, and are intended to illustrate points of learning within the course.
Actual market values can fluctuate and are influenced by numerous factors beyond the control of the Company. Factors such as location, property condition, market trends, economic factors, and many others can significantly affect a property's actual market value.
Users should never rely solely on the values discussed or estimated in the course. Instead, professional appraisals, market analysis, or consultations with real estate professionals should be sought when making decisions based on property values.
16. RESULTS NOT GUARANTEED DISCLAIMER
The Company provides a platform for informational content and learning. While we strive to provide high quality, accurate, and useful information, we make no representation, guarantee, or warranty that the use of our courses will result in specific outcomes or success.
The informational content is not a guarantee of results or future earnings, and we do not offer any legal, financial, tax, or other professional advice. Any financial numbers referenced in the courses, or on any of our sites, emails, or other content, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for your actual or future performance.
You understand and agree that the Company is not responsible for your success or failure and makes no representations or warranties of any kind that our products or services will produce any particular result for you.
17. USER UNDERSTANDING AND IMPLEMENTATION DISCLAIMER
Our courses and related materials are intended to be understood and implemented by the user. The Company is not responsible for users' comprehension or application of the course material. We make every effort to ensure our content is clear, detailed, and straightforward. Still, we cannot guarantee that every individual will interpret or apply the information as intended. We are not responsible for any misunderstanding or misapplication that could result from a user's use of our courses or related materials.
18. LOCAL LAW AND REGULATION COMPLIANCE DISCLAIMER
Real estate investment and operations are subject to local laws, regulations, zoning rules, and other governmental requirements. The information provided by our courses and related materials is general in nature and may not apply or may be contrary to the laws, regulations, or other legal requirements of a user's particular jurisdiction. Users are responsible for understanding and complying with all applicable local laws and regulations when implementing strategies, techniques, and methods described in our courses and related materials.
19. AFFILIATE DISCLAIMER
Some of the links included in our courses and related materials may be affiliate links. This means the Company may earn a commission, at no extra cost to the user, if the user chooses to make a purchase through one of these links. Please note that we only recommend products and services that we believe will be of value to our users.
20. THIRD-PARTY TOOLS AND SERVICES DISCLAIMER
Our courses may suggest the use of various third-party tools and services. While these tools and services can be useful in achieving your real estate investment goals, we cannot guarantee their performance or outcomes. These third-party tools and services are outside our control, and we are not responsible for any issues, damage, or losses that may arise from your use of these tools or services. We encourage users to exercise due diligence and discretion while using third-party tools and services.
21. GEOGRAPHIC SPECIFIC DISCLAIMER
Real estate markets vary significantly by geography, and what works in one location may not work in another. Some strategies, methods, or information provided in our courses may not be applicable or effective in all locations. Therefore, the Company cannot and does not guarantee that every piece of information or method will work equally well in every location. It's the user's responsibility to consider local market conditions, laws, regulations, and customs when using our courses' information.
22. DIY (DO-IT-YOURSELF) ACTIVITIES DISCLAIMER
Our courses may provide guidance and instructions for various DIY (Do-It-Yourself) activities related to property renovation and maintenance. While we aim to provide accurate, clear, and safe instructions, there is always a risk of injury or damage when undertaking DIY activities. Users are responsible for ensuring their safety and the appropriate use of tools and materials. The Company cannot be held responsible for any accidents, injuries, or damage resulting from the application of any DIY guidance contained in our courses.
23. INFORMATIONAL PURPOSES ONLY DISCLAIMER
The content provided by our courses and related materials is intended for informational purposes only. While we strive to provide accurate and current information, we cannot guarantee that all information is up-to-date or free from errors at all times. We reserve the right to add, modify, or delete content at any time without notice. Users are encouraged to conduct their research and seek professional advice where necessary before making any real estate investment decisions based on the information provided.
24. NO PROFESSIONAL-CLIENT RELATIONSHIP DISCLAIMER
Your use of the Company's courses and related materials does not establish a professional-client relationship between you and the Company or any of its employees, agents, or
representatives. The courses and related materials are provided for informational purposes only and are not intended to be a substitute for professional advice. You should seek the advice of a qualified professional before making any decisions related to real estate investment.
25. USER INTERPRETATION AND USE OF INFORMATION DISCLAIMER
Users are responsible for their interpretation and use of the information provided in our courses. While we aim to provide clear and concise content, we cannot control how each user will interpret or apply this information. The Company is not liable for any losses or damages resulting from a user's interpretation or use of the information.
26. LIABILITY FOR ERRORS AND OMISSIONS DISCLAIMER
While we strive to provide accurate, up-to-date information in our courses and related materials, the Company is not responsible for any errors or omissions, or for the results obtained from the use of this information. We do not warrant that the content will be free from errors, nor that defects will be corrected, or that the site or server that makes it available are free of viruses or other harmful components. The Company disclaims all liability to the user for damages, costs, and expenses, including legal fees, arising from or related to your use of our courses and related materials.
27. NO ENDORSEMENT DISCLAIMER
The mention of specific products, companies, or individuals in our courses does not imply endorsement by the Company. We may present examples or case studies involving particular products, companies, or individuals purely for informational purposes. These are not endorsements, and the Company is not responsible for any outcomes should users decide to engage with these products, companies, or individuals based on the content of our courses. Users should conduct their research and exercise discretion when making decisions related to real estate investment.
28. VIEWS EXPRESSED DISCLAIMER
Our courses may include guest lecturers or contributions from third parties, and the views and opinions expressed by these individuals are not necessarily those of the Company. We do not control, supervise, or endorse these opinions and cannot be held liable for any claims, damages, or losses resulting from the application of these views or opinions. Users are responsible for making their judgments and decisions.
29. STATISTICAL INFORMATION DISCLAIMER
We may present statistical information in our courses and related materials. This data is for illustrative and informational purposes only and is not a guarantee or prediction of future
events or results. While we strive to source our data from reputable and reliable sources, we cannot guarantee the accuracy or completeness of this data. The Company is not liable for any decisions made based on this statistical information. Users are encouraged to seek professional advice and conduct thorough research before making real estate investment decisions.
30. COURSE MATERIAL USE AND APPLICATION DISCLAIMER
The Company provides course material for the purpose of information and personal use only. Any application or use of the course material outside the scope of personal study or reference, such as for commercial purposes or in public presentations, is strictly prohibited unless expressly authorized in writing by the Company. Misuse of course material can result in immediate termination of course access and potential legal action. While we strive to ensure the applicability of our course material in real-world scenarios, we cannot guarantee specific results or outcomes. Users are responsible for their actions and decisions when applying the knowledge gained from our courses in their real estate activities.
CONCLUSION:
In conclusion, we thank you for choosing to embark on your real estate learning journey with us. We value your trust and strive to deliver comprehensive and accurate content. Nevertheless, we emphasize that the ultimate responsibility for any decision related to real estate investment lies with you, the user. The information we provide should serve as a guide, not a guaranteed blueprint for success. We urge you to conduct due diligence and seek professional advice when making real estate investment decisions. This disclaimer aims to foster an environment of responsible learning and action. By using our website and services, you acknowledge that you have read and understand this disclaimer, and agree to abide by its terms. We look forward to supporting your real estate learning journey, and we encourage you to contact us should you have any questions or concerns regarding this disclaimer.
Last Updated on May 30, 2023

Terms of Service
Please read these Terms of Service (collectively with Podia’s Privacy Policy located at https://www.podia.com/privacy, and, where applicable, Podia’s EU Data Processing Addendum located at https://www.podia.com/dpa, the “Terms of Service”) fully and carefully before using www.podia.com (the “Site”) and the services, features, content or applications offered by Podia Labs, Inc. (“Podia”, “we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.

1) Acceptance of Terms.

1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
4. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PODIA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2) Eligibility.

You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, access or use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. If you are registering with Podia on behalf of an entity or a third party, you represent and warrant that you have full authority to bind that entity to these Terms of Service.

3) Registration.

In order to use the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

4) Processing of Personal Data

Your personal data will be treated in accordance with Podia’s Privacy Policy, available at https://www.podia.com/privacy. To the extent that you are a controller that provides Podia with personal data of third party data subjects, including without limitation other users of the Services, that is subject to European Union Regulation (EU) No. 2016/679 of 27 April 2016, also known as the General Data Protection Regulation, you agree to the terms contained in Podia’s EU Data Processing Addendum, available at https://www.podia.com/dpa.

5) Content.

A. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

B. User Content. Podia shall not be responsible for any Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

C. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

D. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

E. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service, or for no reason at all and (ii) to remove or block any Content from the Services.

6) Rules of Conduct.

A. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity, and all activity connected to your Account in connection with the Services (including without limitation your communications and collection of data from other users of the Services).

B. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, including without limitation User Content, on or through the Services that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law, rule, or regulation (whether domestic, foreign, or international) or contractual duty;
ii. violates these Terms of Service;
iii. you know is false, misleading, untruthful or inaccurate;
iv. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
v. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
vi. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equ ipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
vii. impersonates any person or entity, including any of our employees or representatives; or
viii. includes anyone’s identification documents or sensitive financial information.

C. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

D. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

E. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

7) Third Party Services.

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

8) Payments and Billing.

A. Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see https://www.podia.com/pricing for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.

B. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

C. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

D. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://app.podia.com/account/billing.

E. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTPS://APP.PODIA.COM/SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

F. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

G. Auto-Renewal for Subscription-Based Services. Unless you opt out of auto-renewal, which can be done through your Account settings at https://app.podia.com/account/billing, any subscription-based Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to https://app.podia.com/account/billing. If you terminate a subscription-based Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

H. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

I. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at hello@podia.com.

9) Warranty and Other Disclaimers.

A. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
i. which users gain access to the Services;
ii. what Content you access via the Services; or
iii. how you may interpret or use the Content.

B. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

C. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

D. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES, AND SUCH FAILURES MAY RESULT IN ERRORS OR DATA LOSS. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING, OR BY THE LOSS OF ANY DATA OR INFORMATION YOU PROVIDE TO PODIA. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

10) Indemnification.

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, the Services, Content, or otherwise from your User Content, your violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

11) ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS:

A. ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND PODIA OR ITS OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH PODIA, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND PODIA HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE PODIA’S INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND PODIA WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR PODIA WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST PODIA INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Podia is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Podia or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.

B. 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 15, you must notify Podia in writing within 30 days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law). Your written notification must be mailed to Podia at the following address: 228 Park Ave S, PMB 96490, New York, NY 10003-1502. If you do not notify Podia in accordance with this Section 15(b), you agree to be bound by the arbitration and class-action waiver provisions of these Terms of Service, including such provisions in any Terms of Service revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing addresses and (iii) a statement that you do not wish to resolve disputes with Podia through arbitration. If Podia makes any changes to the Arbitration and Class Action Waiver section of these Terms of Service (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending Podia written notice within 30 days of the change to the address set forth in this Section 15(b). This notification affects these Terms of Service only; if you previously entered into other arbitration agreements with Podia or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms of Service shall not affect the other arbitration agreements between you and Podia.

C. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration and Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with Podia.

12) Limitation of Liability.

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.

13) Governing Law and Jurisdiction.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.

14) Modification.

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.

15) Miscellaneous.

A. Entire Agreement and Severability. These Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

B. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

C. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

D. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

E. Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to hello@podia.com.

F. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

G. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

Contact: You may contact us at the following address: 228 Park Ave S, PMB 96490, New York, NY 10003-1502

Effective Date of Terms of Service: May 17, 2023
Terms of Service
Please read these Terms of Service (collectively with Podia’s Privacy Policy located at https://www.podia.com/privacy, and, where applicable, Podia’s EU Data Processing Addendum located at https://www.podia.com/dpa, the “Terms of Service”) fully and carefully before using www.podia.com (the “Site”) and the services, features, content or applications offered by Podia Labs, Inc. (“Podia”, “we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.

1) Acceptance of Terms.

1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
4. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PODIA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2) Eligibility.

You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, access or use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. If you are registering with Podia on behalf of an entity or a third party, you represent and warrant that you have full authority to bind that entity to these Terms of Service.

3) Registration.

In order to use the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

4) Processing of Personal Data

Your personal data will be treated in accordance with Podia’s Privacy Policy, available at https://www.podia.com/privacy. To the extent that you are a controller that provides Podia with personal data of third party data subjects, including without limitation other users of the Services, that is subject to European Union Regulation (EU) No. 2016/679 of 27 April 2016, also known as the General Data Protection Regulation, you agree to the terms contained in Podia’s EU Data Processing Addendum, available at https://www.podia.com/dpa.

5) Content.

A. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

B. User Content. Podia shall not be responsible for any Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

C. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

D. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

E. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service, or for no reason at all and (ii) to remove or block any Content from the Services.

6) Rules of Conduct.

A. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity, and all activity connected to your Account in connection with the Services (including without limitation your communications and collection of data from other users of the Services).

B. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, including without limitation User Content, on or through the Services that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law, rule, or regulation (whether domestic, foreign, or international) or contractual duty;
ii. violates these Terms of Service;
iii. you know is false, misleading, untruthful or inaccurate;
iv. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
v. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
vi. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equ ipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
vii. impersonates any person or entity, including any of our employees or representatives; or
viii. includes anyone’s identification documents or sensitive financial information.

C. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

D. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

E. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

7) Third Party Services.

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

8) Payments and Billing.

A. Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see https://www.podia.com/pricing for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.

B. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

C. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

D. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://app.podia.com/account/billing.

E. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTPS://APP.PODIA.COM/SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

F. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

G. Auto-Renewal for Subscription-Based Services. Unless you opt out of auto-renewal, which can be done through your Account settings at https://app.podia.com/account/billing, any subscription-based Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to https://app.podia.com/account/billing. If you terminate a subscription-based Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

H. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

I. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at hello@podia.com.

9) Warranty and Other Disclaimers.

A. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
i. which users gain access to the Services;
ii. what Content you access via the Services; or
iii. how you may interpret or use the Content.

B. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

C. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

D. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES, AND SUCH FAILURES MAY RESULT IN ERRORS OR DATA LOSS. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING, OR BY THE LOSS OF ANY DATA OR INFORMATION YOU PROVIDE TO PODIA. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

10) Indemnification.

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, the Services, Content, or otherwise from your User Content, your violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

11) ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS:

A. ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND PODIA OR ITS OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH PODIA, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND PODIA HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE PODIA’S INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND PODIA WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR PODIA WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST PODIA INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Podia is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Podia or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.

B. 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 15, you must notify Podia in writing within 30 days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law). Your written notification must be mailed to Podia at the following address: 228 Park Ave S, PMB 96490, New York, NY 10003-1502. If you do not notify Podia in accordance with this Section 15(b), you agree to be bound by the arbitration and class-action waiver provisions of these Terms of Service, including such provisions in any Terms of Service revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing addresses and (iii) a statement that you do not wish to resolve disputes with Podia through arbitration. If Podia makes any changes to the Arbitration and Class Action Waiver section of these Terms of Service (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending Podia written notice within 30 days of the change to the address set forth in this Section 15(b). This notification affects these Terms of Service only; if you previously entered into other arbitration agreements with Podia or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms of Service shall not affect the other arbitration agreements between you and Podia.

C. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration and Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with Podia.

TERMS & CONDITIONS

12) Limitation of Liability.

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.

13) Governing Law and Jurisdiction.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.

14) Modification.

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.

15) Miscellaneous.

A. Entire Agreement and Severability. These Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

B. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

C. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

D. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

E. Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to hello@podia.com.

F. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

G. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

Contact: You may contact us at the following address: 228 Park Ave S, PMB 96490, New York, NY 10003-1502

Effective Date of Terms of Service: May 17, 2023