TERMS OF USE

TERMS OF USE
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE. THIS IS A CONTRACT, BY USING THIS SITE YOU ACCEPT ALL
TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms
that follow or do not agree to be bound by all such terms, do not use this website.
The following agreement (the “Agreement”) contains the terms and conditions that govern
your use of the Website(s) and our Service(s) (as defined below). This Agreement
describes your rights and responsibilities, as well as what you can expect from the
Website(s) and our Service(s).
If you do not agree with any of these terms, do not access or otherwise use our Website
and/or Services, or any information or materials contained on the Website.
Terri Ann Baxter Educating The Future , (“Terri Ann Baxter Educating The Future ”
and “We”) owns and operates the Website and reserves the right to add, delete, and/or
modify any of the terms and conditions contained in this Agreement, at any time and in its
sole discretion, by posting a change notice or a new agreement on the Website. In the
event of substantive changes to this Agreement, the new terms will be posted to the
Website, you will be required to affirmatively assent to its terms, and you may also be
notified by email. If any modification is unacceptable to you, your only recourse is not to
use the Website and our Services and to request an immediate termination of your
participation. Your express consent or continued use of the Website or our Services
following posting of a change notice or new Agreement on the Website will constitute
binding acceptance of the changes.
1. OUR SERVICES
1.1. We provide a number of Internet based
services through the Website (all such
services, collectively, the “our Services”), including without limitation training and materials
for you to develop and promote your business. We reserve the right to add, change,
and/or delete content and/or services from the Website and/or our Services from time to
time.
1.2. To be eligible for a refund, you must notify us
(terriannbaxter@outlook.com), with your request and reason for cancelling.
Account cancels require a minimum of 24 hours lead time.
1.3. You agree to pay, and authorize automatic recurring billing of, any applicable fees
with your credit card, or other payment methods, until subsequently cancelled. You
understand and agree that each automatic recurring billing of any fees are not refundable
and will not be prorated.
1.4. We reserve the right to change the respective fees from time to time.
1.5. When sites are suspended, IPs are blacklisted, due to use of bad plugins, updates
not being performed, spamming, etc., we are not liable and no monetary compensation
will be made.
2. USE OF THE WEBSITE AND OUR
SERVICES
2.1. We will only knowingly provide our Services to parties that can lawfully enter into
and form contracts under applicable law. The Website and our Services are not for
children under the age of 18 and any such use is prohibited.
2.2. You must comply with all of the terms and conditions of this Agreement, the
applicable agreements and policies referred to below, and all applicable laws, regulations,
and rules when you use the Website and our Services.
2.3. Your License to Use the Website and our Services.
2.3.1. We own or license all intellectual property and other rights, title, and interest in and
to the Website, our Services, and the materials accessible on and/or through the Website
and our Services, except as expressly provided for in this Agreement. For example, and
without limitation, We own trademarks, copyrights, and certain technology used in
providing our Services. You will not acquire any right, title or interest therein under this
Agreement or otherwise unless expressly provided for herein.
2.3.2. We grant you a limited revocable license to access and use the Website and our
Services for its intended purposes, subject to your compliance with this Agreement. This
license does not include the right to collect or use information contained on the Website
for purposes that We prohibit or to compete with our company. If you use the Website or
our Services in a manner that exceeds the scope of this license or breaches any relevant
agreement, your license shall terminate immediately.
2.4. Third Party
Services. We may provide links on the Website to other websites that
are not affiliated with, under the control of, or otherwise maintained by us, and may use
third parties to provide certain services accessible through the Website. We do not control
those third parties or their services, and you agree that We will not be liable to you in any
way for your use of such services. These third parties may have their own terms of use
and other policies. You must comply with such terms and policies as well as this
Agreement when you use these services. If any such terms or policies conflict with our
Agreement, agreements or policies, you must comply with our Agreement, agreements, or
policies, as applicable. We do not endorse or make any representations or warranties
about third party sites or any information, software, or other products or services found
there.
3. CONFIDENTIALITY
3.1. For the purpose of this Agreement, “Confidential Information” shall be deemed to
include all information and materials that: (a) if in written format is marked as confidential,
or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the
absence of either (a) or (b) is information which a reasonable party would deem to be
nonpublic
information and confidential.
3.2. Confidential Information shall include without limitation: this Agreement; all
information provided on and/or through the Website and/or our Services; trade secrets,
inventions, research methods, methods of compiling information, methods of creating our
database, procedures, devices, machines, equipment, data processing programs,
software, computer models, research projects, and other means used by us in the
conduct of our business; product formulations, strategies and plans for future business,
new business, product or other development, new and innovative product ideas, potential
acquisitions or divestitures, and new marketing ideas; information with respect to costs,
commissions, fees, profits, sales, markets, sales methods and financial information;
mailing lists, the identity of our customers, potential customers, distributors, and suppliers
and their names and addresses, the names of customer representatives responsible for
entering into contracts for our products or services, the amounts paid by customers to us,
specific customer needs and requirements, and leads and referrals to prospective
customers; and the structure, sequence, and organization of our database, together with
source code and object code; and the identity of our employees, their respective salaries,
bonuses, benefits, qualifications and abilities.
3.3. You acknowledge and agree that the nature of our confidential, proprietary, and
trade secret information to which you have, and will continue to have access to, derives
value from the fact that it is not generally known and used by others in the highly
competitive, international industry in which We compete. You further acknowledge and
agree that, even in complete good faith, it would be impossible for you to work in a similar
capacity for a competitor of ours without drawing upon and utilizing information gained
pursuant to this Agreement.
3.4. You acknowledge that you are receiving such Confidential Information in
confidence and will not publish, copy, or disclose any Confidential Information without
prior written consent from the Company. You further agree that you shall not attempt to
reverse engineer, decompile
or try to ascertain the source code to our software or any
other software supplied hereunder. You acknowledge that you will only use the
Confidential Information to the extent necessary to promote your business, and that you
will use best efforts to prevent unauthorized disclosure of the Confidential Information to
any third party.
3.5. The obligation of confidentiality shall not apply to any particular portion of
Confidential Information which: (a) was in the public domain when we granted access to
you; (b) entered the public domain through no fault of you subsequent to receipt; (c) was
in your possession free of any obligation of confidence at the time of the disclosure by us;
(d) was rightfully communicated by a third party to you free of any obligation of confidence
subsequent to the time of the originating party’s communication thereof to you; (e) was
developed by you independently of and without knowledge or reference to any
Confidential Information; (f) is approved for release by written authorization from us; or (g)
is required to be disclosed pursuant to any statute, law, rule or regulation of any
governmental authority or pursuant to any order of any court of competent jurisdiction, but
in any case, you will immediately notify us before disclosure and given a reasonable
opportunity to obtain a protective order or other form of protection.
3.6. You agree not to alone or in association with others use Confidential and/or trade
secret information to (a) solicit, or facilitate any organization with which you are
associated in soliciting, any employee or customer of ours to alter its relationship with us;
(b) solicit for employment, hire, or engage as an independent contractor, or facilitate any
organization with which We are associated in soliciting for employment, hire, or
engagement as an independent contractor, any person who was employed by us at any
time during the term of this Agreement (provided, that this clause (b) shall not apply to any
individual whose employment with us was terminated for a period of one year or longer);
or (c) solicit business from or perform services for any customer, supplier, licensee, or
business relation of ours, induce or attempt to induce, any such entity to cease doing
business with us; or in any way interfere with the relationship between any such entity and us.
3.7. You agree that you will not make any derogatory statements, either oral or written,
or otherwise disparage us, our products, employees, services, work and/or employment,
and will take all reasonable steps to prevent others from making derogatory or
disparaging statements. You agree that it would be impossible, impractical, or extremely
difficult to fix the actual damages suffered by reason of a breach of this paragraph, and
accordingly hereby agree that five thousand dollars ($5,000) shall be presumed to be the
amount of damages sustained by reason of each such breach, without prejudice to our
right to also seek injunctive or other equitable relief.
3.8. Other than as expressly provided for herein, in no event shall you be deemed by
virtue hereof to have acquired any right or interest by license or otherwise, in or to the
Confidential Information.
3.9. You and We agree that all originals and any copies of the Confidential Information
remain the property of Terri Ann Baxter Educating The Future . You shall
reproduce all copyright and other proprietary notices, if any, in the same form that they
appear on all the materials provided by us, on all copies of the Confidential Information
made by you. You agree to return all originals and copies of all Confidential Information in
your possession and/or control to us at our request.
4. GENERAL RULES
4.1. Prohibited Use. You may only use the Website and/or our Services to promote
your business, as expressly permitted by us. You may not cause harm to the Website or
our Services. Specifically, but not by way of limitation, you may not: (i) interfere with the
Website and/or our Services by using viruses or any other programs or technology
designed to disrupt or damage any software or hardware; (ii) modify, create derivative
works from, reverse engineer, decompile or disassemble any technology used to provide
the Website or our Services; (iii) use a robot, spider or other device or process to monitor
the activity on or copy pages from the Website and/or our Services, except in the
operation or use of an internet “search engine”, hit counters or similar technology; (iv)
collect electronic mail addresses or other information from third parties by using the
Website and/or our Services; (v) impersonate another person or entity; (vi) engage in any
activity that interferes with another user’s ability to use or enjoy the Website and/or our
Services; (vii) assist or encourage any third party in engaging in any activity prohibited by
this Agreement; (viii) cobrand the Website or our Services; (ix) frame the Website and/or our Services;
or (x) hyperlink to the Website and/or our Services, without the express prior written
permission of an authorized representative of Terri Ann Baxter Educating The Future .
4.2. Privacy Policy. By entering into this Agreement, you agree to our collection, use
and disclosure of your personal information in accordance with the Privacy Policy.
4.3. Ordering Policies. If you purchase any of our products and/or services, you agree
that your use of the product or service is limited by this Agreement as well.
4.4. Password Restricted Areas of the Website. Most areas of the Website are
password restricted to registered users (“PasswordProtected
Areas”). If you have registered as an authorized user to gain access to these Password Protected
Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an
unauthorized third party, or otherwise may have been compromised. You agree that you
are entirely responsible for any and all activities that occur under your account, including
any fees that may be incurred under your password protected
account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.
5. RESERVATION OF RIGHTS
5.1. Monitoring. We reserve the right, but do not assume the obligation, to monitor
transactions and communications that occur through the Website and/or Service. If We
determine, in our sole and absolute discretion, that you or another Website user has or
will breach a term or condition of this Agreement or that such transaction or
communication is inappropriate, we may cancel such transaction or take any other action
to restrict access to or the availability of any material that may be considered
objectionable, without any liability to you or any third party.
5.2. Modification of the Service. We may modify the Website and/or our Services at
any time with or without notice to you, and will incur no liability for doing so.
6. ETIQUETTE
6.1. We ask that you respect the Website online community. Your conduct when using
the Website and our Services should be guided by common sense and basic etiquette. To
further these common goals, you agree not to:
6.1.1. Disparage the products or services of any company or individual.
6.1.2. Impersonate or represent us, our staff, or other industry professionals.
6.1.3. Link to or post content not allowed on the Website.
6.1.4. Solicit a user’s password or other account information.
6.1.5. Harvest user information for any purpose.
6.1.6. Use racially or ethnically offensive language; discuss or incite illegal activity; use
explicit/obscene language; or solicit/post sexually explicit images.
6.1.7. Harass, threaten, or embarrass anyone.
6.1.8. Post anything that you do not have the legal right to post; and
6.1.9. Violate any law, or make any untrue or misleading statement;
7. SUBMISSIONS
7.1. Your Submissions. When you submit questions, comments, suggestions, ideas,
message board postings, material submitted via web forms, contest entries,
communications or any other information (“Submissions”), you grant us an unrestricted
license to use such Submissions for any purpose, including without limitation marketing
and other promotional purposes and the right to sublicense. You agree that We will have
no obligation to keep any Submissions confidential. You will not bring a claim against us
based on “moral rights” or the likes arising from our use of a Submission.
7.2. Submissions by Others. We do not control the content posted by third parties and,
as such, do not guarantee the accuracy, integrity, or quality of such content. You
understand that by using the Website and/or our Services, you may be exposed to
content that is offensive, indecent, or objectionable. Under no circumstances will We be
liable in any way for any content, including, but not limited to, for any errors or omissions
in any content, or for any loss or damage of any kind incurred as a result of the use of any
content posted, emailed, transmitted, or otherwise made available via the Website and/or
our Services by third parties.
8. REPRESENTATIONS AND WARRANTIES
8.1. Mutual Representations and Warranties. Each party represents to the other that:
(i) the party has the full power and authority to enter into and perform under this
Agreement, (ii) execution and performance of this Agreement does not constitute a
breach of, or conflict with, any other agreement or arrangement by which the party is
bound, and (iii) the terms of this Agreement are a legal, valid, and binding obligation of the party entering into this Agreement, enforceable in accordance with these terms and
conditions.
8.2. By You. You represent and warrant to us that, in your use of the Website and/or
our Services, you: (i) will not infringe the copyright, trademark, patent, trade secret, right
of privacy, right of publicity or other legal right of any third party; (ii) will comply with all
applicable laws, rules, and regulations; (iii) will not disrupt or damage any software or
hardware; and (iv) you will provide correct, current, and complete billing and contact
information.
9. DISCLAIMERS AND EXCLUSIONS
9.1. DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEBSITE, OUR
SERVICES, AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO
NOT REPRESENT OR WARRANT THAT THE WEBSITE, OUR SERVICES, OR
WEBSITE CONTENT, OR USE THEREOF: (i) WILL BE UNINTERRUPTED, (ii) WILL BE
FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR
(iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR
SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE
EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR
A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT.
9.2. EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST
DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED
WITH THE USE OF THE WEBSITE AND/OR OUR SERVICES, BASED ON ANY CAUSE
OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3. LIMITATION OF LIABILITY. IN NO EVENT WILL OUR LIABILITY IN
CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR OUR SERVICES
EXCEED THE LESSER OF (i) THE AMOUNT PAID TO US BY YOU DURING THE SIX
MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH
LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100).
9.4. THE INCOME DISCLAIMER POSTED ON OUR WEBSITE IS INCORPORATED
HEREIN BY REFERENCE AND YOU HEREBY REPRESENT THAT YOU HAVE READ
AND UNDERSTAND IT.
10. INDEMNIFICATION
10.1. You must indemnify and hold us and our employees, representatives, agents,
affiliates, directors, officers, managers and shareholders (the “Parties” harmless from any
damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred
in connection with any third party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision in this Agreement through
any act or omission. If you have to indemnify us under this section, we will have the right
to control the defense, settlement, and resolution of any Claim at your sole expense. You
may not settle or otherwise resolve any Claim without our express written permission.
11. TERMINATION
11.1. Termination. You agree that, under certain circumstances and without prior notice,
We may suspend or terminate your use of the Website and/or our Services, including
without limitation, if We believe, in our sole and absolute discretion, that you have
breached a term of this Agreement. You acknowledge and agree that all suspensions and
terminations shall be made in our sole discretion and that We shall not be liable to you or
any other party for said suspension and/or termination.
11.2. Survival. Upon termination, your license to use the Website, our Services, and
everything accessible by and/or through the Website and/or our Services shall terminate
and the remainder of this Agreement shall survive indefinitely unless and until we chooses to terminate them.
11.3. Effect of Termination. Upon termination of any part of this Agreement for any
reason, we may delete or assume ownership of any Content or other things including
without limitation URLs, domain names, and email lists relating to your use of our Website
and/or our Services that is on our servers or otherwise in our possession or control, and
We will have no liability to you or any third party for doing so.
12. NOTICES
12.1. All notices required or permitted to be given under this Agreement will be in writing
and delivered to the other party by any of the following methods: (i) Australian, International mail, (ii)overnight courier, or (iii) electronic mail. If you give notice to us, you must use the following address: Terri Ann Baxter Educating The Future, (Address to be updated soon)
If Terri Ann Baxter Educating The Future provides notice to you, We will use the
contact information provided by you to us. All notices will be deemed received as follows:
(i) if by delivery by Australian or international mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
13. NOTIFICATION OF CLAIMS OF
INFRINGEMENT
13.1. We respect the intellectual property of others, and we ask our users to do the
same. We may, in appropriate circumstances and at our discretion, terminate service to
users who infringe the intellectual property rights of others. If you believe that your work
has been copied in a way that constitutes copyright infringement, please contact our
designated agent to receive notice of claimed infringement:

Terri Ann Baxter Educating The Future , attn: Copyright Agent, Terri Ann Baxter.

Provide the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512: and the Copyright Act of Australia (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on this site can be reached at,

Terri Ann Baxter Educating The Future  – Email: terriannbaxter@outlook.com
14. THIRD PARTY REFERRAL FEES
14.1. We may receive an affiliate commission when you purchase some of the products
and/or services that we recommend on our Website and/or Services. By entering into this
Agreement, You acknowledge that you have been informed of such payments, consent to
payments of affiliate commission to Terri Ann Baxter Educating The Future , and that
such payments are fair and reasonable.
15. MISCELLANEOUS
15.1. These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of Australia.
A. MARKETING AND TRADEMARKS
A.1. Terri Ann Baxter Educating The Future is designed to provide a level playing
field for all its independent Affiliates and to prevent “sponsor shopping” (and cross
recruiting) by or on behalf of its Customers/Users. In the case of a dispute, the new
Customer enrollment is credited to the affiliate who FIRST generated the new Customer
as a lead or application. The disputing affiliates may agree to allow a new Customer to
move if the Customer agrees, but the credit for the enrollment rightfully belongs to the
affiliate that generated the original lead or application.
If you have questions or concerns regarding this Agreement, you should contact us by emailing, terriannbaxter@outlook.com and writing “Agreement” in the
subject line.
This agreement was last updated on 26/03/2017