Best Trainings Ever Terms of Service
The terms and conditions below (the “terms”) along with our Privacy Policy and Data Processing Addendum are what govern your use of the Best Trainings Ever website on the Internet and World Wide Web. These terms are a legal contract between you and jecprogressive.com (“we” or “us”.) They govern your access to, and your use of our website, which (as you know) is located at jecprogressive.com (the “site”). These terms also govern your use of any services and products we provide on the site including but not limited to Webinar Fuel software. If you do not agree with any of these terms, please do not access or otherwise use this site and/or our services and products.
Your use of this site, services and/or products on this site means that you agree to abide by each of the terms below. jecprogressive.com may make changes to the services and products offered on this site, at any time and without notice, and jecprogressive.com can change these terms at any time without notice by posting updated terms of use here on the site.
If you continue to use the site after such changes have been posted, it means that you agree to the new terms, even if you have not reviewed the changes. Therefore you really should check the terms of use posted here periodically for updates and changes.
Your Account
Eligibility. Your account must be registered by a human. Accounts registered by "bots" or other automated methods are not permitted. Additionally, you must be 16 years of age or older.
Registration Information. You must provide a valid permanent email address, along with any other information required by Best Trainings Ever during the registration process. One person or legal entity may not maintain more than one free account.
Password. You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you will be subject to our Privacy Policy.
Restrictions. You may not use the Best Trainings Ever Service for any illegal or unauthorized purpose. You must not, in the use of the Best Trainings Ever Service, violate any laws in your jurisdiction, including, among other things, by:
- distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
covering or obscuring any notice, legend, warning or banner contained on the Best Trainings Ever Service;
- interfering with or circumventing any security feature of the Best Trainings Ever Service or any feature that restricts or enforces limitations on use of or access to the Best Trainings Ever Service;
- infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity
- being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by Best Trainings Ever in its sole discretion; or
- deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.
- you may not make use of the name “webinar fuel” or any combination of words that would be confusingly similar to “webinar fuel” in any url, domain name, social media handle, social media page name, hash tag, or other identifying mark without our prior written permission. You agree to forfeit and transfer ownership of any such url, domain name, social media handle, social media page, hash tag, or other identifying mark to us upon request and pay all our cost, legal fees, compensatory, punitive, consequential and incidental damages incurred by us in enforcing this restriction. No license to use our marks is granted or implied.
Payment, Refunds, Upgrading and Downgrading
A valid credit card is required for paying accounts.
The Best Trainings Ever Service is billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account, except in the case of our 30-day money back guarantee (see below). In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of the Best Trainings Ever Service or payments made by you in connection with your use of the Best Trainings Ever Service.
30-day money back guarantee
If for any reason, you are unhappy with your Best Trainings Ever purchase, we do offer a 30-day money back guarantee. If you decide not to use Best Trainings Ever in your business within 30 days from your first payment, you may request a full refund by emailing jclark@jecprogressive.com. This applies to both annual and monthly subscriptions. Once that 30 days has passed we will not refund any charges, however, we will cancel your monthly or annual recurring fees at any point in time.
Violation of these Terms of Service
We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that Best Trainings Ever has no obligation to prescreen or monitor your access to or use of the Best Trainings Ever Service or any information, materials or other content provided or made available through the Best Trainings Ever Service, but has the right to do so. You hereby agree that Best Trainings Ever may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.
Cancellation
You are solely responsible for properly canceling your account. As a security precaution, an email or phone request to cancel or make changes to your account will not result in cancellation. You can cancel your account at any time from the “Settings” page. The Account Owner, and in some cases Administrators with permission, are the only Users with access to this request.
Any cancellation of your account will result in the deactivation or deletion of your account, and the removal of all content in your account. This information can be restored by request of the Account Owner to Best Trainings Ever for a 14-day period. Cancelled accounts cannot be recovered or restored from Best Trainings Ever following this 14-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. If you wish to continue using your account through the end of a billing cycle, please do not cancel until the billing cycle is completed.
Termination
Best Trainings Ever reserves the right to terminate any free accounts that do not have any activity (replies or logins) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration.
Best Trainings Ever, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.
SMTP Fair Use Policy
Generally, we do not limit or impose additional fees for SMTP on accounts (i.e. the emails used in order to deliver notifications to registrants and leads about your webinar events). However, this policy is subject to fair use: If your aggregate SMTP usage (across all accounts you control) is higher than 99% of Self-Serve users on our platform in any calendar month, we may, in our discretion, charge fees for excessive usage, require you to upgrade to a more suitable plan, require you to switch to your own SMTP provider or terminate your account(s) upon advance written notice.
General Use
jecprogressive.com provides content, services and products throughout this site. All information, documents, products and services, including content, trademarks, logos, graphics and images (which are grouped together under the term “Materials”) are the copyrighted work of jecprogressive.com or Best Trainings Ever licensors and/or contributors.
jecprogressive.com grants you a limited, personal, non-exclusive and non-transferable license to use the Materials solely for your personal use or internal business use. You agree that you will only use this site and the Materials for lawful uses.
You agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials provided by jecprogressive.com in any manner. Your limited license terminates automatically, without notice to you, if you breach any of these terms.
Upon termination of your limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the site or any Materials on any legal basis.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the site. Such prohibited conduct includes, but is not limited to, any efforts to: (a) log into an account with a password not assigned to you; (b) access personally identifiable information not intended for you; (c) test the security measures on the site and/or attempt to identify system vulnerabilities; (d) impersonate any other user of the site and/or the products and services, forge any of the header information in any posting, or tamper with the TCP/IP packet header; (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying software code for the site and/or the products and services; or (f) overwhelm or disable the site or the products and services or interfere with the access and use of the site and/or the services by any other user.
If jecprogressive.com becomes aware of any of the aforementioned activities on your part, we may investigate and take action. When appropriate, we may work with law enforcement to investigate and prosecute offenders.
Your continued use of the Site and/or the products and services is expressly conditioned on your compliance with the prohibitions, obligations and restrictions just stated. Without limiting the foregoing, you acknowledge that jecprogressive.com prohibits and you agree not to:
Take any action that imposes an unreasonable or disproportionately large burden on the site’s infrastructure;
Intentionally expose the site and/or any products or services provided on jecprogressive.com to a computer virus or any other program or code that is intended to disrupt or disable the operations of the site and/or our products or services;
Frame or link to the site or any of the content or information available from the site, unless jecprogressive.com expressly consents to such linking and/or framing;
Use any spider, robot or other program, code or device to copy, retrieve or index any portion of the jecprogressive.com site;
Harvest or otherwise collect information about other users for any purpose other than expressly permitted herein;
Post any false or inaccurate Submissions (defined below) or information on any part of the site;
Use the products and/or services and/or the site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property rights, or violate the privacy or rights of any other person;
Post any Submission or information that is discriminatory, hateful, obscene, vulgar, abusive, defamatory, sexually-orientated, threatening, or otherwise objectionable;
Include any hyperlinks or any misleading, irrelevant and/or hidden code or keywords in any Submissions posted by you;
Harass, stalk, or otherwise subject any other user of the site and/or products and services to inappropriate or unwanted contact;
Make any additions, changes, alterations and/or deletions to any Submissions posted by any user without the express written authorization of such other user;
jecprogressive.com reserves the right to terminate our relationship with you under these terms and prohibit your access to the site and/or products or services or to edit, remove or close any Submission or thread for any reason.
The foregoing list of prohibitions is not intended to be complete or exclusive.
You acknowledge and agree that there is the chance that you may be exposed to content that may be offensive or objectionable to you. You hereby acknowledge and agree that all submissions submitted by you or any other user express the views of the author, and jecprogressive.com will not be held responsible for or liable for the content in such submissions.
Your access to the site and Services is undertaken at your own risk and jecprogressive.com is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.
In addition, the foregoing prohibitions do not impose on jecprogressive.com any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other user.
Downloadable Software:
We may offer applications for devices (“Apps”) directly or through third-party stores. Subject to your compliance with these Terms of Service, Best Trainings Ever grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps. We may update Apps from time to time to add new features and/or correct bugs. You shall ensure that you are using the most recent version of the App that is compatible with your device. We cannot guarantee that you will be able to use the most recent version of the App on your device.
Submissions
Subject to the terms and conditions of the jecprogressive.com Privacy Policy, when you submit data and/or post communications on the site (collectively “Submissions”), you grant to jecprogressive.com and Best Trainings Ever, an irrevocable, perpetual, royalty-free, worldwide right (including moral right) and license to use, reproduce, display, distribute, modify and create derivative works of Submissions, in whole or in part, and to incorporate Submissions into other works in any media and utilizing any technology now known or later developed. You warrant that you have all rights, and no third party has retained any such rights, (including moral rights) in and to Submissions you may post to the site.
Links to Third Party Sites
The jecprogressive.com site may be linked to other sites that are not owned, operated, or managed by Best Trainings Ever. We provide these links to you only as a convenience, and jecprogressive.com is not responsible for the content or links displayed on these third party sites.
Third Party Content
Some information and content may be provided by third parties to jecprogressive.com (“Third Party Content”). The Third Party Content is the copyrighted work of the creator/licensor, jecprogressive.com, and Best Trainings Ever.
You agree that you will only display the Third Party Content on your personal computer for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), alter, edit, manipulate or enhance any of the Third Party Content in any manner.
jecprogressive.com disclaims all express, implied and statutory warranties and conditions with regard to third party content. This includes, but is not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Unauthorized Activities
Unauthorized use of any Materials or Third Party Content contained on this site may violate certain regulations and laws. You shall indemnify and hold jecprogressive.com and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all damages, costs, expenses, and liabilities, including attorneys’ fees, that jecprogressive.com or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party in the event that your use of the site or the use of the site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
Copyright Notice
All information, data, and screens appearing on jecprogressive.com, including web pages, documents, site design, DFY Webinars, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property of jecprogressive.com and Best Trainings Ever, Inc. unless otherwise specified. You do not acquire any ownership rights by using the Best Trainings Ever Service. For more guidelines on using the name or logo, please contact us.
All rights not expressly granted herein are reserved worldwide. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material on the site is strictly prohibited without the express written consent of the copyright holder, except as otherwise required by applicable law.
Account Access
In some cases, it is necessary for Best Trainings Ever employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Best Trainings Everf employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.
Disclaimer of Warranties
Your use of this site, the Materials and/or the products and services is at your own risk. You assume all risks of using this site, the Materials and/or the products and services. jecprogressive.com does not warrant the accuracy or timeliness of the materials or the Third Party Content contained on this Site. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by jecprogressive.com, and they may not be current or may include inaccuracies or typographical errors.
jecprogressive.com shall have no liability for Materials and/or Third Party Content that is not current or for any errors or omissions in the Materials and/or the Third Party Content, whether provided by jecprogressive.com or our licensors. jecprogressive.com does not guarantee that you will achieve any economic return or benefit from the use of the Materials.
jecprogressive.com, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the site, the products and services or any Materials or Third Party Content, relating to the quality, suitability, truth, accuracy, currency or completeness of any information or material contained on the site. This includes, without limitation, the Materials and the Third Party Content.
jecprogressive.com disclaims and excludes any and all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the site, the products and services, the Materials, Third Party Content, and any information or material contained on the site is provided to you on an “as is,” “as available” and “where is” basis with no warranty of any kind.
Limitation of Liability
In no event shall jecprogressive.com be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if jecprogressive.com and Best Trainings Ever, have been advised of the possibility of such damage.
jecprogressive.com’s aggregate liability to you or any third party for any damages resulting from your displaying, copying, or downloading any material on the site or reliance on the information and/or material presented on the site shall not exceed one hundred dollars ($100.00).
Local Laws and Export Control
If you use this site outside the United States of America, you are responsible for compliance with all applicable local laws. jecprogressive.com controls and operates this site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations.
Consequences of Violation
If you violate these terms, jecprogressive.com may terminate your access to the site or Password-Restricted Areas without notice. jecprogressive.com prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these terms, as determined by jecprogressive.com, will result in immediate termination of your access to the site or Password-Restricted Areas.
jecprogressive.com reserves the right to terminate any password-restricted account for any reason. These terms are governed by Mississippi Law and controlling U.S. Federal Law, without regard to the choice or conflicts of law provisions. Any disputes relating to these terms or the site will be heard in courts located in Mississippi. If any of these terms is found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.
jecprogressive.com’s failure to enforce any of these terms is not a waiver of such terms. These terms are the entire agreement between you and jecprogressive.com and supersede any and all prior or contemporaneous agreements and understandings between you and jecprogressive.com and Best Trainings Ever. These terms may not be modified except pursuant to a written amendment that is executed by an officer of jecprogressive.com and Best Trainings Ever.