This Agreement (hereinafter, "Agreement") is made by and between Fablanthropy LLC, hereinafter referred to as "Course Provider," and you, hereinafter referred to as “User” or “You” as a participant in the courses on the Fab Legacy Lab platform. Collectively, the parties to this Agreement (Course Provider and User) will be referred to as “Parties.”
This Agreement shall govern the use of all pages and screens in and on any Courses (all collectively referred to as "Course") and any services provided by or on this Course Provider through the Course ("Services") and/or on the Course Provider's website ("Website").
This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
Article 1 – ACCEPTANCE OF TERMS OF THE AGREEMENT:
By clicking “I agree” and/or by participating in the Course, User warrants that User has read and reviewed this Agreement and agrees to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Course immediately. Course Provider only agrees to provide the Course to you if you assent to this Agreement.
Article 2 – EFFECTIVE DATE AND UPDATES:
The Terms are effective as of August 1, 2023 and are subject to change without notice by Course Provider at any time. Please check for changes regularly. Your use of this Course after such changes constitutes your agreement to such changes.
Article 3 - LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:
Course Provider may provide User with certain information as a result of User accessing the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by Course Provider and other materials which may assist in your participation in the Course ("Materials"). Subject to this Agreement, Course Provider grants User a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with User’s participation in the Course and User’s use of the Website. The Materials may not be used for any other purpose, and this license terminates upon User’s completion of the Course, User’s cessation of use of the Course or the Website, or at the termination of this Agreement.
Article 4 - COURSE TERMS:
Article 5 - INTELLECTUAL PROPERTY:
User agrees that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). User agrees that the Company owns all right, title and interest in and to the Company IP and that User will not use the Company IP for any unlawful or infringing purpose. User agrees not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from Course Provider.
Article 6 - CONTENT USER POSTS:
Through User’s participation in the Course and your use of the Website, User may be permitted to post materials to the Course pages, discussion groups, and other parts of the Website ("User Contributions"). User hereby grants Course Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions User posts.
User agrees to comply with the "Acceptable Use" provision of this Agreement for all User Contributions, including and especially to not violate the intellectual property rights of any third party through your User Contributions.
Article 7 – DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) POLICY:
Course Provider respects the intellectual property rights of others and expects User(s) to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/title17/AppendixB.pdf, Course Provider will respond expeditiously to claims of copyright infringement committed using this Course or Website if such claims are reported to Course Provider. Upon receipt of such report, Course Provider will take whatever action in its sole discretion, it deems appropriate including removing the challenged content from the Website.
Article 8 - ACCEPTABLE USE:
User agrees not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. User agrees not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider.
User further agrees not to use the Course or the Website:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Course Provider or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
Article 9 - SPAM POLICY:
User is strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Article 10 - NO LIABILITY:
The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at your own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website.
Article 11 – HYPERLINKS:
Links to external websites are provided solely as a convenience to you. Course Provider has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. User accesses external websites linked to this Course at User’s own risk.
Article 12 - REVERSE ENGINEERING & SECURITY:
User agrees not to reverse engineer, or attempt to reverse engineer or disassemble any code or software, from or on the Course or Website. User agrees not to violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Article 13 - DATA LOSS:
Course Provider does not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.
Article 14 - SERVICE INTERRUPTIONS:
Course Provider may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. User agrees that access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that Course Provider shall have no liability for any damage or loss caused as a result of such downtime.
Article 15 - INDEMNIFICATION:
User agrees to defend and indemnify the Course Provider and any of its affiliates (if applicable) and hold Course Provider harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to User’s participation in the Course, User’s use or misuse of the Website, User’s breach of this Agreement, or User’s conduct or actions. Course Provider shall be able to select our own legal counsel and may participate in our own defense.
Article 16 - NO WARRANTIES:
User agrees that participation in the Course and use of the Website is at User’s sole and exclusive risk and that any Services provided by Course Provider are on an "As Is" basis. Course Provider expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Course Provider makes no warranties that the Course or Website will meet your needs or that the Course or Website will be uninterrupted, error-free, or secure. User agrees that any damage that may occur to User, through User’s computer system, or as a result of loss of User’s data from participation in the Course or use of the Website is User’s sole responsibility and that Course Provider is not liable for any such damage or loss.
Article 17 - GENERAL PROVISIONS:
I) JURISDICTION, VENUE & CHOICE OF LAW: The laws of Louisiana shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between the Parties, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: United States, Louisiana. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
II) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by User.
III) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
IV) NO WAIVER: In the event that Course Provider fails to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
V) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
VI) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
VII) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
VIII) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: [email protected].