Terms of Service
Dated January 1, 2017
Acceptance of Terms
The Commit30 Site is owned by Commit30, LLC, a Colorado limited liability company (“Commit30,” “we,” or “us”) and is an online retail store located at www.commit30.com (the “Commit30 Site” or “Site”). Commit30 also offers an affiliate marketing program on the Site. (“Commit30 Service” or “Service”) via Shareasale.com.
- Who May Use the COMMIT30 Site
Age Requirement. You must be at least 18 years old to use the COMMIT30 Site.
Notice to Parents and Guardians. You are responsible for monitoring and supervising your child’s use of the COMMIT30 Site. If your child is using the COMMIT30 Site without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about COMMIT30, please contact us at firstname.lastname@example.org.
- Professional Advice and Disclaimer
COMMIT30 offers advice on wellness, personal growth, and goal setting. You acknowledge that your use of this Site is for educational purposes only. You understand that if you are seeking specific professional advice, direction or recommendations you must seek those in person, from qualified practitioners having particular knowledge of your case, circumstances and history.
THE COMMIT30 SITE OFFERS GENERAL WELLNESS AND GOAL SETTING INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE COMMIT30 SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF SPECIFIC PROFESSIONAL ADVICE. COMMIT30 SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE COMMIT30 SITE.
THE COMMIT30 SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMMIT30 MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE COMMIT30 SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
YOUR USE OF THE COMMIT30 SITE IS AT YOUR OWN RISK.
- General Disclaimers
Site “As Is”. COMMIT30 provides the COMMIT30 Site on an “as is” and “as available” basis. You therefore use the COMMIT30 Site at your own risk. COMMIT30 expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. COMMIT30 has no obligation to screen or monitor any content and does not guarantee that any content made available on the COMMIT30 Site complies with this Agreement or is suitable for all users. COMMIT30 shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.
Your Responsibility. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the COMMIT30 Site. To the extent that a secondary party may have access to or view COMMIT30 content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
- Limitation of Liability
General Limitation. To the fullest extent permitted by law: (i) in no event shall COMMIT30, nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) COMMIT30, and its affiliates’ total liability to you shall not exceed the amounts paid by you to COMMIT30 over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SITE.
COMMIT30 Resources. The resource materials provided on the COMMIT30 Site are intended as general educational information. COMMIT30 DOES NOT REPRESENT IN ANY WAY THAT ANY ADVICE PROVIDED IN RESOURCE MATERIALS CONSTITUTES QUALIFIED EXPERT ADVICE.
Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Consent to Email and Newsletters. When you register with our Site, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Site, such as administrative notices and Site announcements or changes, or emails containing newsletters, promotions or special offers from us or third party partners.
- Account Registration
Registration: In using the COMMIT30 Site, you may register for an account on the Site (“Account”) in order to access certain features. Creating an Account may enable you to move through the checkout process more quickly, store multiple shipping addresses, and view and track your orders. If you register for an Account, you must provide us with current, complete, and accurate information, including your name, valid email address, and a password.
User Name: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
Account Security: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the COMMIT30 Site. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at email@example.com.
- Product Prices and Availability; Cancellation
Current prices for products and services are described on the Site. We may change pricing at any time and in our sole discretion. Promotions and/or discounts may be offered from time to time on the Site and may be subject to additional terms, limitations, and restrictions. To take advantage of such promotions and/or discounts, you agree to comply with any terms, conditions, limitations, or rules presented to you as a condition of participation in any such promotional offer. We reserve the right to change or discontinue any product or service at any time and without notice. We further reserve the right, in our sole discretion, to cancel any order, limit any purchase, or refuse to fulfill an order for any or no reason.
- Product Returns
If you purchased a product and changed your mind at the time you receive it, you may return it to us for repair, replacement, exchange or refund, at our discretion.
Refunds are only given for products that are still in a new and unused condition. Refunds are issued to the credit card used for the original purchase only. Refunds will only be issued if products are returned within 30 days of purchase date.
Please email us to request a Return Authorization Number (RA#). Please include your name, email, address and original order number if possible when requesting a return. Instructions on how to return your items will be sent to you via email. We work hard to resolve any issue you may have.
Returns may take 7 – 10 days to process. Original shipping costs are non-refundable and return shipping fees are not provided by Commit30, LLC.
- Affiliate Program
- Term and Termination; Account Deletion
Term. This Agreement begins on the date you first use the COMMIT30 Site and continues as long as you have an account with us.
Account Deletion. You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the COMMIT30 Site that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months.
Termination for Breach. COMMIT30 may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if COMMIT30 determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage COMMIT30 reputation or goodwill. If COMMIT30 deletes your account for the foregoing reasons, you may not re-register for the COMMIT30 Site. COMMIT30 may block your email address and Internet protocol address to prevent further registration. COMMIT30 is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
You agree to indemnify, defend, and hold harmless COMMIT30 and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the COMMIT30 Site; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to COMMIT30 violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. COMMIT30 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with COMMIT30 in connection therewith.
- License to Use the COMMIT30 Site
License. COMMIT30 grants you a limited, non-exclusive license to access and use the COMMIT30 Site and Services for your own personal, non-commercial purposes. This includes the right to view content available on the COMMIT30 Site. This license is personal to you and may not be assigned or sublicensed to anyone else.
Restrictions. Except as expressly permitted by COMMIT30 in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the COMMIT30 Site. Nor will you take any measures to interfere with or damage the COMMIT30 Site. All rights not expressly granted by COMMIT30 are reserved.
Mobile Devices and External Devices. These Terms of Site, and all the provisions herein, also govern the use of our mobile, desktop and set-top devices. Your use of the COMMIT30 Site through any applications or device constitutes your agreement to be bound by these Terms.
- Third Party Links and Content
Linked Sites. Certain links on the COMMIT30 Site may let you leave the COMMIT30 Site to access a linked site (the “Linked Sites”). When you are linking to a third-party site, it is important to know that COMMIT30 does not control these sites, nor has COMMIT30 reviewed or approved the content which appears on the linked sites. COMMIT30 is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that COMMIT30 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 any of the links, content, goods or Sites available on or through the linked sites.
Dealings with Third Parties. More specifically, your participation, correspondence or business dealings with any third party found on or through the COMMIT30 Sites (i.e., a linked site), regarding payment and delivery of specific goods and Sites, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMMIT30 shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
- Intellectual Property
You acknowledge that the COMMIT30 Site contains software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All COMMIT30-generated Content and Content developed for COMMIT30 by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, COMMIT30 owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the COMMIT30 Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Sites, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and comply with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The COMMIT30 name, logos and affiliated applications and technologies are the exclusive property of COMMIT30. All other trademarks appearing on the Sites are trademarks of their respective owners. Our partners or Site providers may also have additional proprietary rights in the content that they make available through the Sites. The trade names, trademarks and Site marks owned by us, whether registered or unregistered, may not be used in connection with any product or Site that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or Site marks without our express prior written consent.
COMMIT30 owns and retains all proprietary rights in the Site, and in all content, trademarks, trade names, Site marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, Site marks, or other intellectual property or proprietary information accessible on the Site or through the Site, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
As between you and COMMIT30, you own all content that you submit to COMMIT30, whether directly via the COMMIT30 Site or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to COMMIT30, you are granting COMMIT30 and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the COMMIT30 Site permission to view your content for their personal, non-commercial purposes. If you make suggestions to COMMIT30 on improving or adding new features to the COMMIT30 Site, COMMIT30 shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to COMMIT30 and grant the licenses set forth above; (ii) COMMIT30 will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
- Code of Conduct; Content Restrictions; and Prohibited Activities
Code of Conduct. In using the COMMIT30 Site, you must behave in a civil and respectful manner always. COMMIT30 reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms. Your use of the Site must comply with all applicable laws and regulations. Content Restrictions. You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that infringes any third party’s copyrights or other rights; contains sexually explicit content or pornography; contains hateful, defamatory, or discriminatory content; harasses or intimidates another; exploits minors; depicts unlawful acts or violence; contains video, audio photographs, or images of another person without his/her permission; contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; contains deceptive or false information; contains “spam”.
Prohibited Activities. In addition, it is strictly prohibited to “frame” or “mirror” any part of the Site; use meta tags or code or other devices containing any reference to Commit30, the Site or the Service (or any trademark, trade name, service mark, logo or slogan of ours) to direct any person to any other website for any purpose; modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software or materials used on or for the Service or the Site, or cause others to do so; post, use, transmit or distribute, directly or indirectly, in any manner or media any content or information obtained from the Site other than solely in connection with your use of the Site in accordance with this Agreement; collect information about others; advertise or solicit others to purchase any product or service within the Site; promote fraudulent schemes; Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and/or participate in any activity that in any way violates any law.
Our Right to Monitor and Remove Content. COMMIT30 has the right, but not the obligation, to monitor all conduct on and content submitted to the COMMIT30 Service. COMMIT30 reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
COMMIT30 reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site and terminating or suspending the account of such violators. You agree that COMMIT30 may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of our Company or any other person.
- Copyright / DMCA Policy
COMMIT30 respects the intellectual property of others, and we ask our users to do the same. COMMIT30 will promptly remove materials from the COMMIT30 Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. COMMIT30 will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please contact our Copyright Agent as follows:
US Certified Mail:
COMMIT30 Copyright Agent
11536 CR 250
Durango, CO 81301
- General Provisions
Dispute Resolution, Arbitration and Governing Law. Except where prohibited, any dispute, claim, or controversy arising out of or relating to this Agreement, the Site, or the Site shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. Judgment upon the award rendered in arbitration shall be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover attorney fees and costs in connection with the action. You may not under any circumstances commence or maintain against COMMIT30 or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Site in any manner, except where prohibited, you agree to the above mediation and arbitration agreement. In doing so, except where prohibited, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and COMMIT30 or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If this arbitration agreement is for any reason held to be unenforceable, any litigation against COMMIT30 may be commenced only in the federal or state courts located in Durango, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and COMMIT30, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided this arbitration agreement shall be governed by the Federal Arbitration Act.
Interpretation; Severability; Waiver; Remedies. Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by COMMIT30 in exercising any right hereunder will waive any further exercise of that right. COMMIT30 rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No Third-Party Beneficiaries. This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without COMMIT30 prior written consent. No third party shall have any rights hereunder.
Notices. You consent to receive all communications including notices, agreements, disclosures, or other information from COMMIT30 electronically. COMMIT30 may provide all such communications by email or by posting them on the COMMIT30 Site. For support-related inquiries, you may send an email to firstname.lastname@example.org or the following address:
11536 CR 250
Durango, CO 81301
Nothing herein shall limit COMMIT30 right to object to subpoenas, claims, or other demands.
Modification. This Agreement may not be modified except by a revised Terms of Service posted by COMMIT30 on the COMMIT30 Site or a written amendment signed by an authorized representative of COMMIT30. A revised Terms of Service will be effective as of the date it is posted on the COMMIT30 Site.
Entire Agreement. This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between COMMIT30 and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT.