TERMS & CONDITIONS
Any user who enrolls or registers with us (each, a “Registered User”) and/or uses or purchase a product or service offered through or on the Website, is agreeing to the terms of this User Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this User Agreement and the Terms and Conditions of Purchase shall control.
We reserve the right to change this User Agreement from time to time without notice. The most current version of the User Agreement will supersede all previous versions. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
RESPONSIBLE USE AND CONTROL
By visiting our Website and accessing the Resources, you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources including your Sign-In Name, Password, and Unique Identifiers. Accordingly, you are responsible for all activities that occur under your account/s including any use, misuse, or communications entered through or to the Websites using one or more of them.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. The Websites are only available for individuals aged 18years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this User Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
h. The Websites may contain various open communication tools, such as blog comments, blog posts, public chat, forums, communities, masterminds, message boards, calendars, newsgroups, product ratings and reviews, various social media sponsored forum services and groups, etc (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. You will comply with all applicable laws in your use of Communication Services and will not use the Communication Services for any unlawful purpose. By way of example, and not as a limitation, you also agree that when using or posting information on Communication Services, you will not:
- (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- (ii) publish, post, upload, email, transmit, distribute or disseminate any content, material, name or information that is inappropriate, profane, defamatory, infringing, obscene, indecent, libelous, pornographic, sexually explicit, unlawful, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity);
- (iii) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- (iv) spam, offer to sell or buy any goods or services for any business purpose, use the Website to engage in any commercial activities or engage in any type of unauthorized or unsolicited advertising unless such Communication Service specifically states the allowance of such content;
- (v) conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- (vi) access or use the Websites and its Communication Services to collect any market research for a competing business
- (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services;
- (viii) violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- (ix) disclose and/or harvest or otherwise collect sensitive information about others, including that person’s email address, postal address, phone number, credit card information, social security number or any similar information without their consent;
- (x) violate any applicable laws or regulations;
- (xi) infringe on any trademark, patent, trade secret, copyright, right of publicity or other proprietary right of any party;
- (xii) impersonate or falsely state or otherwise misrepresent your affiliation with any person or entity, including any yourincomespace.com employees or representatives.
- (xiii) interfere with or attempt to interrupt the proper operation of the Websites and its Communication Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
- (xiv) cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
- (xv) use any robot, spider, scraper, or other automated means to access the Websites and its Communication Services for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- (xvi) selling or otherwise transferring your Registered User account
- (xvii) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
j. You agree to indemnify and hold harmless Nobles & Company LLC and yourincomespace.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
FEES AND PAYMENT
As consideration for any purchase you make on the Websites, you shall pay the Company all applicable fees and taxes. Company (or our third-party payment processor) bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to a payment/installment plan then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge, until all applicable fees and taxes are paid in full. If you have ordered a product or service that is subject to recurring charges for ongoing subscription services provided by the Company, then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge, until such time as you cancel the applicable subscription product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize the Company to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
INTELLECTUAL PROPERTY AND NO UNLAWFUL OR PROHIBITED USE
The Websites contain Resources such as content, videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Nobles & Company LLC and yourincomespace.com. The Resources may be owned by us or third parties. The Resources are protected under both United States and foreign laws. Unauthorized use of the Resources may violate copyright, trademark, and other laws.
Visitors may view or download all publicly-available Resources for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Resources contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Resources (other than your own content you post to the Websites as a Registered User (herein referred to as “Registered User Content”)), and you will not use the Resources except as permitted under this User Agreement. No other use is permitted without the prior written consent of Nobles & Company LLC and yourincomespace.com. We retain all right, title, and interest, including all intellectual property rights, in and to the Resources. You must retain all copyright and other proprietary notices contained in the original Resources. You may not sell, transfer, assign, license, sublicense, modify, publish, reverse engineer, or transfer the Resources or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Resources in any way for any public or commercial purpose. The use or posting of the Resources on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this User Agreement, your permission to access and/or use the Resources and the Websites automatically terminates and you must immediately destroy any copies you have made of the Resources.
The trademarks, service marks, and logos of Nobles & Company LLC and yourincomespace.com (the “Nobles & Company Trademarks”) used and displayed on the Websites are registered and unregistered trademarks or service marks of Nobles & Company LLC. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Nobles & Company Trademarks, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Nobles & Company Trademarks inures to our benefit.
Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Resources may be retransmitted without our express, written consent for each and every instance.
REGISTERED USER CONTENT AND LICENSES
As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content (collectively "Submissions"). You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT NOBLES & COMPANY LLC OR YOURINCOMESPACE.COM, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, Nobles & Company LLC, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
By posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
COMMUNICATIONS WITH USE
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information contained on the Websites and the resources available for download through the Websites are for educational and informational purposes only. The information contained on the Websites and the Resources available for download through the Websites are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
ACCURACY AND PERSONAL RESPONSIBILITY
We have done our best to ensure that the information provided on the Websites and the Resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on the Websites or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using the Websites, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on the Websites.
NO GUARANTEES AS TO RESULTS
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on the Websites or not. The Company provides educational and informational resources that are intended to help users of the Websites succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in the Websites are no guarantee that you or any other person or entity will be able to obtain similar results.
LINKS TO EXTERNAL THIRD-PARTY WEBSITES AND SERVICES
The Website may contain links or references to other third-party websites (herein referred to as “External Site” or “External Sites”). The Company is providing these links to you only as a convenience, and the inclusion of any link or reference does not imply endorsement by the Company of the External Sites or any association with its operators. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. The External Sites are not under the control of the Company and the Company is not responsible for and do not make any representations regarding the content or accuracy of materials on such External Sites, including without limitation any link contained in, or any changes or updates to an External Site. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access External Sites, you do so at your own risk.
Certain services made available via the Website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third-party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
USE OF TEMPLATES AND FORMS
The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading templates and/or forms, you agree that the templates and/or forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
USE OF FREE OR BONUS DOWNLOADABLE CONTENT
The Company provides various Resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our Resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
USE OF PAID COURSES, PROGRAMS AND ASSOCIATED MATERIAL
The Company from time-to-time provides various courses, programs, guides, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, guides, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
GUEST INTERVIEWS AND TESTIMONIALS
The Company may, from time to time, provide information from a third party in the form of a podcast, testimonial, guest interview, interview on other platforms, guest blog post, or other media. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any video testimonial, written testimonial, interview, or other medium offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
NO WARRANTIES; LIMITATION OF LIABILITY
By using the Websites, you understand and agree that the websites and all Resources we provide are "as is" and "as available" without any warranties of any kind. This means that we do not represent or warrant to you that:
- (i) the use of our Resources will meet your needs or requirements.
- (ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
- (iii) the information obtained by using our Resources will be accurate or reliable, and
- (iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected,
- Furthermore, you understand and agree that:
- (v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content, including damage or loss from computer viruses or similar contamination or destructive features.
- (vi) no information or advice, whether expressed, implied, oral or written, obtained by you from yourincomespace.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY direct, indirect, incidental, consequential or exemplary DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM changes, corruption, cancellation, loss of access, downtime, LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE RESOURCES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITES OR THE RESOURCES SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.
REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION
a. You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from:
- (i) your breach of this User Agreement;
- (ii) your misuse of the Resources, Communication Services or the Websites; and/or
- (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
b. If you are a Registered User, you hereby represent, warrant, and covenant that:
- (i) you own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
- (ii) use of your Registered User in the manners contemplated in this User Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
- (iii) you shall not submit to the Website any Registered User Content that violates our Responsible Use and Conduct guidelines set forth above or any other term of this User Agreement.
COMPLIANCE WITH APPLICABLE LAWS
The Websites are based in the United States. We make no claims concerning whether the Resources may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Resources from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
COPYRIGHTS AND TRADEMARKS
All content, materials and Resources available on the Websites, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of yourincomespace.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on the Websites is strictly prohibited, unless specifically authorized by Nobles & Company LLC and yourincomespace.com.
TERMINATION OF USE
You agree that we may, at our sole discretion, restrict, suspend or terminate this User Agreement and your access to all or part of our website and Resources with or without notice or liability and for any reason, including, without limitation, breach of this User Agreement. You also agree that we may change, suspend, or discontinue all or any part of the Websites at any time without notice or liability. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Websites and the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. The following sections shall survive any termination of this User Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content and Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Copyrights and Trademarks,” “Termination of Use,” “Severability/Waiver,” “Governing Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”
If any provision of this User Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either you or the Company to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
DIGITAL MILLENNIUM COPYRIGHT ACT
Nobles & Company LLC and yourincomespace.com respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Nobles & Company LLC
Los Angeles, California 90013
If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
The Websites are controlled by Nobles & Company LLC and yourincomespace.com from our offices located in the state of California, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our Websites, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of these Websites and the purchase of any products or services through these Website.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in United States, California. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
In the event of a dispute arising under or relating to this User Agreement, the Resources, or the Websites (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a panel of three neutral arbitrators, who are knowledgeable in the subject matter of the dispute, selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18 below, nothing in this User Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
EXCEPTIONS TO ARBITRATION
You and Company agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will, therefore, be entitled to injunctive relief to enforce this User Agreement. We may, without waiving any other remedies under this User Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California, County of Los Angeles for purposes of any such action by us.
Our failure to act on or enforce any provision of the User Agreement shall not be construed as a waiver of that provision or any other provision in this User Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this User Agreement constitutes the entire User Agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This User Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
CHANGES TO TERMS
This User Agreement is in effect as of August 2018.
Nobles & Company LLC
PO Box 13904
Los Angeles, California 90013