TERMS & CONDITIONS

 

NOTICE/ACCEPTANCE OF TERMS

This Terms of Use Agreement (the “Agreement”) is a contract between you and NOW Industries, LTD, doing business as HERE+NOW (the “Company”). The COMPANY operates the website found at the address www.hereandnowcoach.com (the “Site”). This Agreement governs your use of the Site. Be sure that you carefully read and fully understand this Agreement. The COMPANY is willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions (the “Terms”) contained in this Agreement. This Agreement governs your use of the Site. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms. All such guidelines or rules are hereby incorporated by reference into these Terms.

By using the Site, you agree to comply with and be bound by these Terms. If you do not agree to the Terms, you are not authorized to use the Site. Your remedy for dissatisfaction with this Site, any content, or other information available on or through this Site, is to stop using the site and any content or information you have received. Your agreement with the COMPANY regarding compliance with these terms of use becomes effective immediately upon commencement of your use of this Site.

We expressly reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms.

 

DESCRIPTION OF SERVICES/ACCESS TO SITE

The COMPANY makes various services available on this Site including, but not limited to, articles, courses, online programs, info products, individual and group coaching, consulting, digital downloads, videos, and other like products and services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

The COMPANY reserves the sole right to either modify or discontinue the Site, including any of the Site’s features, at any time with or without notice to you. The COMPANY will not be liable to you or any third party should it exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms.

System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. The COMPANY makes no representations, warranties or assurances as to the availability of the Site.

 

RESTRICTIONS ON USE

You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for other than your personal information. These restrictions will apply except in cases where the COMPANY otherwise agrees in writing.

Without limiting the generality of the foregoing, you may not:

  1. Include such content in or with any product or service that you create or distribute;
  2. Reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
  3. Establish: (1) a hyperlink, including a deep link, to any page or location on the Site; or (2) a frame containing any portion of the Site, on any other website or text document with hyperlink capabilities without the express written permission of the COMPANY;
  4. Copy such content onto your or any other website or publication; or
  5. Direct any other person to do any of the foregoing.

 

INTELLECTUAL PROPERTY/UNAUTHORIZED USE OF MATERIALS

Nothing in this Agreement shall be construed as conferring any right under any intellectual property of the COMPANY, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site.

For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed, listened to, or downloaded by users on our site. This includes message boards, chat, and other original content.

By accepting these Terms, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of the COMPANY and/or its Affiliates. You are only permitted to use the content as expressly authorized by the COMPANY or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from the COMPANY or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither the COMPANY nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

The following are registered trademarks, common law and/or statutory trademarks or service marks of the COMPANY or its Affiliates: www.herandnowcoach.com, HERE+NOW, NOW Industries, LTD, Megan Lynn Arneson, and any new programs, products or services developed and used on the Site in the future. All custom graphics, icons, logos and service names are registered trademarks, common law and/or statutory trademarks or service marks of the COMPANY or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of the COMPANY or its Affiliates.

 

MODIFICATIONS TO SITE

COMPANY reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that COMPANY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. COMPANY endeavors to keep the information posted on this Site current, however, such information is subject to change at any time without notice to you and the posted information on this Site may not immediately reflect such changes.

 

CONDUCT ON SITE

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, blog comments, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that:

  1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  6. Impersonates any person or entity, including any of our employees or representatives.

 

The COMPANY neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of the Site. The COMPANY generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, blog comments, or other interactive services that may be available on or through this Site. However, the COMPANY and its Agents have the right at their sole discretion to remove any content that, in their judgment, does not comply with these Terms of Use and any other rules of user conduct for this Site, or is otherwise harmful, objectionable, or inaccurate. The COMPANY is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against the COMPANY arising out of such removal of content. See “Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that the COMPANY may at any time, and at its sole discretion, terminate your membership, account, or other affiliation with the Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that the COMPANY will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 

USE OF MATERIALS

Subject to the COMPANY’s Privacy Policy, any communication or material that you transmit to this Site or to the COMPANY or its authorized Agents, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant the COMPANY and its agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to the COMPANY unless both parties have mutually agreed in writing otherwise.

The COMPANY respects the intellectual property of others, and would ask you to do the same. If you or any user of this Site believes their copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to the COMPANY’s Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
  3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
  4. Provide information, if possible, sufficient to permit the COMPANY to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  7. Sign the paper.
  8. Send the written communication to the following address:

Designated Agent for Claimed Infringement:

Contact: Frederick Williams, Esq.

Email: nowindustries at gmail.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, the COMPANY may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

 

THIRD PARTY SITES AND INFORMATION

This Site may provide links or references to other websites. If the COMPANY has provided links or pointers to other sites, no inference or assumption should be made and no representation should be implied that the COMPANY is connected with, operates or controls these sites.

The COMPANY makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. The COMPANY disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that the COMPANY endorses the content of such sites. Where the COMPANY is offering its own content (or content of an Affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.

The COMPANY takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of the COMPANY. You agree that the COMPANY shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify the COMPANY and its affiliates from and against any Claims incurred as the result of any such dealings.

If you are interested in creating hypertext links to this Site, you must contact the COMPANY before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or the COMPANY, including its respective employees, agents, directors, officers, and shareholders.

The COMPANY is not responsible for the content or practices of third party websites that may be linked to this Site and makes no representation or warranty regarding such sites or their content. This Site may also be linked to other sites operated by companies affiliated or connected with the COMPANY. When visiting other sites, however, you should refer to each such site’s individual “Terms of Use” and not rely on this Agreement.

The COMPANY may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with this Site. This Site does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative which offers a single location to opt out of ad targeting from member companies.

 

AFFILIATE DISCLOSURE

The COMPANY may earn commissions from products or services reviewed or mentioned in blog posts as well as posted on Site pages. The COMPANY may earn money by using affiliate links to other sites that pay a referral commission.

Please refer to the Affiliate’s Privacy Policy and Terms of Use. Once you have clicked through to an Affiliate’s site, this COMPANY’S Policies and Terms of Use no longer apply. The COMPANY cannot guarantee or be held responsible for any information or products and services you may find on an Affiliate’s site.

The opinions expressed here are those of the COMPANY or an approved representative and are not necessarily the opinions or views of any Affiliates. The COMPANY only recommends products and services that it uses or has thoroughly researched.

 

USE OF RECORDINGS

Please note that coaching calls, webinars, or other audio or visual services may be recorded and can be used in the future by the COMPANY for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to nowindustries (at) gmail (dot) com.

 

DISCLAIMER OF WARRANTIES

Except as expressly provided otherwise, the COMPANY disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. The COMPANY disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.

Any communications sent to you via this Site or otherwise from the COMPANY (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any technology, financial, investment, corporate, or tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, financial, or tax advice and should not be relied upon in that regard. Your financial circumstances and tax situation are unique. Therefore, you should independently consult a lawyer or tax advisor.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, THE COMPANY AND ITS DATA PROVIDERS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE, BUT ALL INFORMATION, PRODUCTS, AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS, AND SERVICES OFFERED ON THE SITE. THE COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.

 

LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL COMPANY, ANY OF THE COMPANY’S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM COMPANY (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE.

 

MISCELLANEOUS

  1. Governing Law. This Agreement shall be governed by the laws of the State of Nevada, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction for any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in Carson City, Nevada.
  2. Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of the COMPANY, which are not included in this Agreement, shall be binding on the COMPANY or its affiliates.
  3. Amendments. Neither you nor the COMPANY may modify or amend this Agreement, in whole or in part without the prior written consent of both you and an authorized representative of the COMPANY. However, the COMPANY may replace this Agreement from time to time and your subsequent use of the Site, or any content, programs or materials provided through the Site, will be subject in all respects to the Terms in force at the time of such subsequent use. You are advised to check this Agreement regularly for any modifications.
  4. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and the COMPANY. The COMPANY’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
  5. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
  6. Miscellaneous. This Agreement shall inure to the benefit of the COMPANY and its subsidiaries and affiliates. Any and all references in this Agreement to the COMPANY and its affiliates shall, where the context so permits include the COMPANY’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors, and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content or third party software on or through a link provided on the Site.
  7. Assignment. The COMPANY may assign its rights and duties under this Agreement to any party at any time without notice to you.

Please Contact Us if you have any questions or concerns regarding these terms.

 

CONTACT INFORMATION

If there are any questions regarding these Terms, you may contact us using the information below:

HERE+NOW
200 S. Virginia Street, 8th Floor

Reno, NV89501
nowindustries at gmail.com

 

Last modified September 17, 2017.