Terms and Conditions
(Date of Last Revision: April 16th, 2021)
The website qbconfidential.com (the “Site”) is owned and operated by QBConfidential, LLC (collectively, “Owner,” “we,” or “us”). The Site provides instructional content accessible through monthly and/or yearly subscriptions (collectively, the “Services”).
This Terms of Use Agreement (“Terms of Use”) constitutes a binding agreement between you and Owner. Please read carefully through all sections of these Terms of Use. Your access to and use of the Site is subject to these Terms of Use and all applicable laws, and Owner reserves the right to terminate your access to the Site if you violate these Terms of Use. If you do not agree to these Terms of Use, then you may not use the Site. These Terms of Use may be changed by us from time to time without notice to you, and the governing version will be posted on the Site. Please review the posted terms on a regular basis as your use of the Site will be governed by the then-current Terms of Use and Privacy Policy (defined below).
User Registration
You may be required to register in order to access certain features of the Site. If so, you will choose or be assigned a user name and a password through the Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities and purchases (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
By registering for an account on the Site, you assert that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, address, state or country of residence, email, social media addresses, and/or telephone numberwhen registering on the Site. By registering with the Site, you consent to receive periodic communication from Owner and its affiliates, employees, agents, representatives, and any third-party service provider of Owner regarding your inquiry and/or obtaining the Services.
Subscription Fee
The fee for accessing and using the Site (the “Subscription Fee”) will depend upon which type of user you are and what features and functionalities, and program in which you choose to participate. The Subscription Fee is listed at https://qbconfidential.com/. By registering for an account, designating the length of the subscription and providing your payment information, you agree that the Subscription Fee will automatically be charged on monthly (or yearly basis if selected) until you provide notice to Owner of your intent terminate the use of the Site. There will be no refunds for any previously paid Subscription Fees. The Subscription Fee may change at any time in our sole discretion.
Proprietary Rights
You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Owner’s, its licensors’, or the Site’s other user’s intellectual property rights. Except as otherwise provided herein, you may not copy, distribute,, publicly display, modify or create derivative works of any information or intellectual property made available to you on the Site for any purpose or in any other public forum, including public forums such as other websites, web services, or print publications, without the written consent of Owner or the respective owner. Owner or its licensors own all intellectual property rights appearing on the Site, including, but not limited to, all trademarks, service marks and copyrights. The unauthorized use or misuse of these intellectual property rights is prohibited.
Use of Personal Data
For more information regarding the Owner’s collection and use of your Personal Information, please visit Owner’s Privacy Policy.
Your Content and Communications to the Site
Except to the extent your content or communications to Owner include Personal Information (defined in the Privacy Policy), by forwarding any content or communications to Owner through the Site or by other electronic means, you thereby grant Owner a perpetual, royalty-free, world-wide, irrevocable, non‑exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to Owner’s or its sublicensees’ use of your content or communications. By providing or submitting content and communications, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section, including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.
Prohibited Activities
The following activities are expressly prohibited from the Site:
- Using or submitting any offensive content, including, without limitation, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory or libelous statements.
- Posting false, misleading, or fraudulent statements or content.
- Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Site.
- Collecting personal information of other users of the Site without that user’s consent.
- Engaging in activity that compromises the Site. Such activity may include, without limitation, hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware.
- Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
- Framing or deep linking into the Site.
- Accessing the Site by means of automated process, spiders, bots, or similar device.
User Contributions
The Site may contain interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, a “post”) text, questions, discussion topics, pictures, and other content or materials (collectively, the “User Contributions”) on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post or submit to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you hereby grant Owner and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the irrevocable right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any commercial purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
- All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Owner, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Content Standards
These content standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory or libelous, obscene, indecent, abusive, offensive, threatening, harassing, violent, hateful, inflammatory, discriminatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal right, including the rights of publicity and privacy, of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Federal and State Laws
The Site is operated from the United States. When using the Site, on the Site, or when using any content provided by Owner, you must obey all applicable U.S.-based federal, state, and local laws.
Minimum Age
We do not allow persons under the age of thirteen (13) to use the Site. We require persons between the ages of thirteen (13) and eighteen (18) to have parental consent to use the Site. By using the Site, you represent and warrant that you are thirteen (13) years of age or over, and that if you are under eighteen (18) years of age, you have parental consent to subscribe to and use the Site.
Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW, AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, OWNER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
By providing THE SERVICES on the Site, OWNER does not in any way promise that the SERVICEs will remain available to you. OWNER is entitled to terminate all or part of any of the Site at any time, in its sole discretion without notice to you.
Limitation of Liability
THE LIABILITY OF OWNER and its affiliates, employees, agents, representatives, and third-party service providers WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE CONTENT, OR THE SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, fifty DOLLARS ($50).
IN NO EVENT WILL OWNER BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE, EVEN IF OWNER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless Owner and its affiliates, employees, agents, representatives, and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties, and expenses that may arise from any of your acts through the use of the Site. Such acts may include, without limitation: (i) your User Contributions; (ii) providing content to or communicating with Owner or its affiliates; (iii) unauthorized use of material obtained through the Site; (iv) engaging in a prohibited activity; or (v) any other action that breaches these Terms of Use.
Arbitration and Venue
Any claim or dispute between Owner and you that arises in whole or in part from the Site, the content, or the Services shall be decided exclusively through binding, individual arbitration in the State of Arizona, U.S.A. You agree that disputes between Owner and you will be resolved by binding arbitration. You waive your right to participate in class action lawsuits or class-wide arbitration. In the event that binding arbitration is not enforceable, you consent to the exclusive jurisdiction of the State of Arizona, U.S.A., for the resolution of any disputes. Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises.
Third-Party Links
The Site may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which Owner exercises no control. Your use of these third-party websites is governed by the terms of use and privacy policy of such websites. Owner expressly disclaims any responsibility for the content or results from your use of such third-party websites.
Copyright Complaints
Owner respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Owner’s copyright agent with the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location on the Site of the material that you claim is infringing;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Owner’s agent for notice of claims of copyright infringement on the Site can be reached as follows:
QBConfidential, LLC
info@qbconfidential.com
Miscellaneous Provisions
Assignment. Owner may freely assign its obligations and rights under these Terms of Use, including all Personal Information in its possession which it has collected during your use of the Sites.
Severability. If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.
Website Availability. Owner cannot guarantee the Site will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions. Although OWNER strives to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the Site are unavoidable and OWNER disclaims any liability for damages resulting from such problems.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but Owner does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
Headings. Section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.
Controlling Law. It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Arizona, without giving effect to the conflict of laws provisions thereof.
Questions
If you have any questions or comments about these Terms of Use or this Site, please contact us by email at info@qbconfidential.com.
QBConfidential, LLC
info@qbconfidential.com