WEBSITE Terms and Conditions

Last Modified: May 17, 2018

WELCOME to ACCURATE BODY LANGUAGEThis Agreement sets forth Your rights and obligations as an Accurate Body Language User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.

DEFINITIONS

“Accurate Body Language,” “ABL,” “Company,” “We,” “Us,” or “Our” means Accurate Body Language LLC, the owner of all trademarks, products, services offered and sold by the company.  In this Agreement, references to “Accurate Body Language,” “ABL,” “Company,” “We,” “Us,” or “Our” as a Party mean and refer to Accurate Body Language LLC, the member(s), parent company(ies), affiliate entities, officers, employees, and assigns of Accurate Body Language LLC.

“Parties” mean Accurate Body Language and You. Accurate Body Language and You are each a “Party.”

“Terms” mean and refer to the Terms and Conditions set forth herein.

“User” refers to a person who has created an Accurate Body Language account. “User Account” refers to a User’s Accurate Body Language Account.

“You” and “Your” means the Accurate Body Language User who has executed this Agreement by clicking “I Agree.”“Websites” refer to Accurate Body Language websites, webpages, online ClickFunnel pages, social media distribution pages, or any combination of them. Please read the Terms of Use carefully before You start to use our Websites. By using our Websites, You accept and agree to be bound and abide by these Terms of Use, our Privacy Policy found at http://accuratebodylanguage.com/privacy-policy (the “Privacy Policy”), and our Earnings Disclaimer found at http://accuratebodylanguage.com/earnings-disclaimer/ (the “Earnings Disclaimer) all of which are incorporated herein by reference. If You do not want to agree to or accept these Terms of Use, the Privacy Policy, or the Earnings Disclaimer, You must not access or use Websites. Our Websites are only offered and available to users who are 18 or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If You do not meet all of the foregoing requirements, You must not access or use any Accurate Body Language Website.

ACCURATE BODY LANGUAGE USERBy clicking “I Agree” to these Terms, transferring payment to Accurate Body Language, and creating a User Account, You become an Accurate Body Language User. 

ACCEPTANCE of the Terms of USEThese Terms of use are entered into by and between You and ACCURATE BODY LANGUAGE LLC (“Accurate Body Language,” “ABL,” “Company,” “We,” “Us,” or “Our”). The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern Your access to and use of our website(s), online webpages, ClickFunnel pages, or social media distribution pages including any content, functionality and services offered on or through such websites, whether as a guest or a registered user. 

Accurate Body Language offers to Users products, services, applicable pricing options, installment plans, and credit card payment for single transactions as well as continuous monthly or annual memberships and subscriptions.  Credit card payment is a requirement to set up an Accurate Body Language User Account and automatic credit card billing and processing is a requirement for monthly or annual membership or subscriptions.

Accurate Body Language products, services, prices, and payment options are posted on our website and webpages and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted, By clicking “I Agree” and providing Accurate Body Language Your credit card information, You authorize Accurate Body Language to charge Your credit card in the amount indicated for the value of the product, services, payment option, or membership You select, including any future price changes. If You request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following Your requested downgrade. By Your continued use of Accurate Body Language services, and unless You terminate this agreement as provided herein, You agree that Accurate Body Language may charge Your credit card monthly for the product, services, payment option, or membership You have selected, and You consent to any price changes for such services.

TERM and TERMINATIONYour User contract with Accurate Body Language begins when You click “I Agree,” to purchase a single product, sales, service, or payment transaction or will continue month-to-month or annually depending on the applicable promotional terms, membership, or subscription until either:

A. Accurate Body Language cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use and You will not be entitled to any refund for any payments You have made to Accurate Body Language. You will forfeit any payments made and will be liable for the remaining time and balance of Your term or membership regardless of the trial period and Accurate Body Language can cancel at our discretion immediately. 

OR

B. You provide Accurate Body Language ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use and You will not be entitled to any refund for any payments to Accurate Body Language.

OR

C. Your credit card or Accurate Body Language’s charge is denied for any reason and You do not provide Accurate Body Language a new credit card within ten (10) days.ACCESSING WEBSITE and ACCOUNT SECURITYInformation about You and Your visits to the Website.  All information we collect on our Websites are subject to our Privacy Policy. By using our Websites, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.

To access our Websites or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of You use of our Websites that all the information You provide on the Websites is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

CHANGES to WEBSITE or Terms of USEAccurate Body Language reserves the right to amend or withdraw our Websites, and any content, service, or material we provide on our websites or these Terms of Use, in whole or in part, at the sole discretion of Accurate Body Language without notice. We may provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.accuratebodylanguage.com/terms.

The contents of Accurate Body Language website or Terms of Use may not be necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We will not be liable if for any reason all or any part of our Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Websites, or our entire Websites, to users, including registered users. You are responsible for (a) making all arrangements necessary for You to have access to our Websites and (b) ensuring that all persons who access our Website through Your internet connection are aware of these Terms of Use and comply with them.

All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. We encourage and expect You to consult the Terms of Use each time You access a Website so You are aware of any changes, as they are binding on You.

By Your continued use of the products and services of Accurate Body Language, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.

INFORMATION; REGISTRATION; USER NAMES and PASSWORDSAs an Accurate Body Language User, You will be required to create an account with Accurate Body Language. If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity.  You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You also acknowledge that Your account is personal to You and agree not to provide any other person or third party with access to our Websites or portions of it using Your user name, password, or any other breach of security. You are responsible for maintaining the confidentiality of any password You may use to access Your Accurate Body Language User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Accurate Body Language under Your User Account. You agree to immediately notify Accurate Body Language of any unauthorized use of Your password or User name or any other breach of security related to Your User account. We have the right to disable any user name, password or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use. You agree that Accurate Body Language is not liable, and You will hold Accurate Body Language harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.

ASSIGNMENT OF RIGHTSAccurate Body Language may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Accurate Body Language’s or its assigns express written consent.

ONLINE PURCHASES, REFUNDS, Terms of UseAccurate Body Language may offer one or more products, services, payment plans, and membership programs on our Websites; applicable pricing are stated on the applicable order form. All purchases through our Websites are final and will not be refunded except as expressly stated herein.

REFUND POLICYNotwithstanding the foregoing, a User may cancel subscription or membership in the applicable program for any reason and obtain a full refund of first membership payment if User emails support@accuratebodylanguage.com (1) within 30 days of making first membership payment of the Accurate Body Language program; or (2) within 14 days of making first membership payment during a specific promotion featuring a 14 day trial period. 

Additional Terms of Use may also apply to specific portions, services or features of the Website. All such additional Terms of Use are hereby incorporated by this reference into these Terms of Use.

REFUNDS FOR “HARD GOODS”If You have purchased a “hard good” (for example, a book, CD, MP3 player, or other tangible product) from Accurate Body Language sold under any of its brands or related brands, You may receive a limited refund if You comply with the following conditions:

1.  You must request a refund in writing by contacting support@accuratebodylanguages.com;

2. Your request for a refund must be made within thirty (30) days of Your purchase or within 14 days of making first membership payment during a specific promotion featuring a 14 day trial period.

3. You must return the hard goods to Accurate Body Language immediately, according to the shipping and other instructions You will receive by email after requesting a refund;

4. The hard goods must be returned to Accurate Body Language in like-new, or re-sellable condition, as determined in Accurate Body Language’s sole, reasonable discretion.

INTELLECTUAL PROPERTY RIGHTSThe Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Accurate Body Language, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Violation of this Section is strictly prohibited without the express, written permission of Accurate Body Language. For information on requesting such permission, contact us at support@accuratebodylanguage.com.

These Terms of Use permit You to use the Website for Your personal, non-commercial use only. You must not sell, license, rent, copy, reproduce, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, republish, adapt, edit, download, store or transmit any of the material on our Website, with the following exceptions: (1) Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials; (2) You may store files that are automatically cached by Your Web browser for display enhancement purposes; (3) You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication or distribution; (4) if we provide desktop, mobile or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications; and (5) if we provide social media features with certain content, You may take such actions as are enabled by such features.

You must not (1) modify copies of any materials from the Website; (2) use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, Your right to use the Website will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

TRADEMARKS“Accurate Body Language,” “Accurate Body Language, LLC,” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Accurate Body Language. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

NO LICENSE TO USE ACCURATE BODY LANGUAGE MARKSAny content on any Accurate Body Language website may constitute the intellectual property of Accurate Body Language. Except where expressly authorized, no material on any Accurate Body Language website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Any trademark and logo are proprietary marks of Accurate Body Language, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Accurate Body Language or any affiliates of Accurate Body Language.USER CONTRIBUTIONSThe Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution You post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, You grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

Without limiting the foregoing, You agree and understand that other individual members of the membership program available on the Website may see the information that You post on any applicable Website membership area. For this reason, You agree that You shall not post any information on the Website that You do not want others to see. You agree that anything You post in the applicable membership area of the Website is at Your own risk, and You further agree to hold Accurate Body Language harmless from any and all damage that could occur to You from any information that You post. For additional details, please see our Privacy Policy.

You represent and warrant that (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns; and (b) all of Your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not Accurate Body Language, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Website.

CONTENT STANDARDSThese content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.

Without limiting the foregoing, User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote or assist any unlawful act; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (h) impersonate any person, or misrepresent Your identity or affiliation with any person or organization; (i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; (j) contain any occult, hateful, or racist material; or (k) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. To the extent it is questionable whether User Contributions violate the Content Standards, Accurate Body Language reserves the right to make the final decision regarding whether a violation has occurred and reserves the right to terminate any user’s access to the Website without prior notice for a violation of this provision.

Further requirements regarding the conduct that is expected of all users of the Website may also be found via posts from Accurate Body Language on the Website, and You agree to comply with such requirements.

MESSAGE SENDING POLICY and BEST PRACTICESAccurate Body Language requires You to follow these best practices when sending electronic communications using our services:

Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from Your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).Comply with all requests from recipients to be removed from Your mailing list within the earlier of 10 days of receipt of the request, or the deadline under applicable law.Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not You control the sending of the electronic communications, and include a link to such privacy policy in Your electronic communications.Include in each electronic communications a link to Your then-current privacy policy applicable to that electronic communication.Include in each electronic communication Your valid physical mailing address or a link to that information.Do not send electronic communications to addresses obtained from purchased or rented lists.Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.Do not routinely send electronic communications to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).Do not send electronic communications that result in an unacceptable number of spam or similar complaints (even if the electronic communications themselves are not actually spam).Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.Do not send to lists of addresses that are programmatically generated or scraped from the Web.Do not employ sending practices, or have overall message delivery rates, which negative impact our services or other users of our services.Do not use our services to send messages that may be considered junk mail.  Some examples of this type of messages include messaging related to: penny stocks, gambling, multi-level marketing, direct to consumer pharmaceutical sales, payday loans, etc.

LINKING to the WEBSITE and SOCIAL MEDIA FEATURESYou may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable You to: (a) link from Your own or certain third-party websites to certain content on the Website; (b) send e-mails or other communications with certain content, or links to certain content, on the Website; or (c) cause limited portions of content on the Website to be displayed or appear to be displayed on Your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional Terms of Use we provide with respect to such features.

Subject to the foregoing, You must not (a) establish a link from any website that is not owned by You; (b) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Website other than the homepage; (d) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS from the WEBSITEIf the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party websites linked to this Website, You do so entirely at Your own risk and subject to the Terms of Use of use for such websites.

MONITORING and ENFORCEMENT; TERMINATIONAccurate Body Language has the right to (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Website or the public or could create liability for Accurate Body Language; (c) disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (e) terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

To the extent You are involved in a membership program on the Website, either You or Accurate Body Language can cancel Your participation in any of our membership programs at any time and for any reason. Except for refunds pursuant to any specified refund periods in any payment terms entered into between You and Accurate Body Language, no refunds for previous months of membership will be given in the event You or Accurate Body Language terminates Your membership in the Website.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You WAIVE AND HOLD HARMLESS ACCURATE BODY LANGUAGE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ACCURATE BODY LANGUAGE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ACCURATE BODY LANGUAGE OR LAW ENFORCEMENT AUTHORITIES.

We cannot and/or do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

MESSAGING, WEBINAR, or VIDEO CONFERENCING SOFTWAREIf You use any Accurate Body Language-provided webinar, video, meeting, or teleconferencing messaging software or applications now existing or which may in the future be created, You agree that You will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act (“TCPA”). You further agree to indemnify and defend Accurate Body Language from any claims, damages, losses, and lawsuits of any kind or nature that may be made against Accurate Body Language relating in any way to Your violation of law or third-party rights by use or misuse of any Accurate Body Language-provided webinar, video, meeting, or teleconferencing messaging software or applications. You further understand and agree that Accurate Body Language has no control over, and therefore cannot be responsible for, the functionality or failures of any third party software, including without limitation webinar, video, meeting, or teleconferencing messaging software or applications, internet social media, Facebook, Facebook Messenger, and internet browser notifications. Accurate Body Language DOES NOT WARRANT THAT ANY ACCURATE BODY LANGUAGE-PROVIDED WEBINAR, VIDEO, MEETING, OR TELECONFERENCING MESSAGING SOFTWARE OR APPLICATION WILL BE COMPATIBLE WITH ANY THIRD PARTY SOFTWARE.

RELIANCE on INFORMATION POSTEDThe information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Accurate Body Language. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

INDEMNITYYou agree to protect, defend, indemnify and hold Accurate Body Language, its members, officers, directors, employees, parent company(ies), contractors, agents, licensors, suppliers, successors, affiliates, service providers, and assigns harmless from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees), and causes of action of every kind and character without limit arising out of or relating to Your conduct, violation of these Terms of Use, or Your use of the Website, including, but not limited to, Your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Website.

Your indemnity obligation includes, but is not limited to, any third party claim against Accurate Body Language for liability for payments for, damages caused by, or other liability relating to, You.

NO WARRANTY; NO LEADSAccurate Body Language does not promise, guarantee or warrant Your personal or business outcome, success, income, or sales. You understand and acknowledge that Accurate Body Language will not at any time provide sales leads or referrals to You. Additionally, ACCURATE BODY LANGUAGE WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACCURATE BODY LANGUAGE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY ACCURATE BODY LANGUAGE WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YouR SOLE RISK. ACCURATE BODY LANGUAGE MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY ACCURATE BODY LANGUAGE WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY ACCURATE BODY LANGUAGE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY ACCURATE BODY LANGUAGE WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY ACCURATE BODY LANGUAGE WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO You.

The Accurate Body Language websites may include inaccuracies, errors, and materials that conflict with these Terms. In the event of any conflict between anything posted on any Accurate Body Language website and these Terms, these Terms shall control.

LIMITATION of LIABILITYYOU AGREE THAT IN NO EVENT SHALL ACCURATE BODY LANGUAGE LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO ACCURATE BODY LANGUAGE FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST ACCURATE BODY LANGUAGE OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION. 

IN NO EVENT WILL ACCURATE BODY LANGUAGE, ITS MEMBERS, AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE MEMBERSHIP PROGRAMS AVAILABLE THROUGH THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

FORCE MAJEUREAccurate Body Language will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Accurate Body Language. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Accurate Body Language shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

RELEASE / AUTHORIZATION TO USE PHOTOGRAPHSYou grant Accurate Body Language permission to use any and all photographs taken by Accurate Body Language or its agents or employees, or submitted by You to Accurate Body Language as well as all written endorsements of Accurate Body Language that You send to us, or that You post on social media (photographs, social media posts, and messages sent to Accurate Body Language are hereinafter referred to as “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Accurate Body Language or any product or service sold and marketed by Accurate Body Language. You agree that this authorization to use Photographs may be assigned by Accurate Body Language to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in the sole discretion of Accurate Body Language. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Accurate Body Language in exchange for this Release and Assignment. You hereby release and forever discharge Accurate Body Language from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.

PROHIBITED USESYou may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (e) to impersonate or attempt to impersonate the Company, a Company member, employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, You agree not to (1) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (2) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of the Website; (5) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the Website.

PROHIBITED ACTIVITYAccurate Body Language has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:

A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to the reputation of Accurate Body Language; and the violation of the rights of Accurate Body Language or any third party.

B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to the reputation of Accurate Body Language and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, racist, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs, or that violates the intellectual property rights of another.

COMPLIANCE WITH LAWYour use of our products and services must comply with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to You, us, and any recipient to whom You use our services to send Digital Messages (“Applicable Law”). You have the responsibility to be aware of and understand all Applicable Laws and ensure that You and all Users of Your Account comply at all times with Applicable Law.  Some examples of Applicable Laws include: the U.S. CAN-SPAM ACT, The E.U. Directive of Privacy and Electronic Communications, the U.K. Privacy and Electronic Communications (EC Directive) Regulations 2003; the Canada Anti-Spam Law (CASL) and/or any similar law, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. Commitment Against Harassment and Interference with Others. You must not use our services to: Store, distribute or transmit any malware or other material that You know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive; or Commit (or promote, aid or abet) any behavior, which You know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive.  Examples may include Digital Messages that are themselves are or promote racism, homophobia, or other hate speech.

SENSITIVE INFORMATIONYou will not import, or incorporate into, any contact lists or other content You upload to any website, software, or other electronic service hosted or provided by Accurate Body Language, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

REPEAT INFRINGERSIt is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

CONTACTIf You have any questions or complaints concerning any of the Terms, You may contact Accurate Body Language by e-mail at support@accuratebodylanguage.com, or by regular mail at 2140 E. Ellsworth Rd, Ann Arbor, Michigan 48108.

California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

DIGITAL MILLENNIUM COPYRIGHT ACTReporting Copyright InfringementWe take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the Website infringe Your copyright, You may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include (a) Your physical or electronic signature; (b) identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (c) identification of the material You believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact You (including Your name, postal address, telephone number and, if available, e-mail address); (e) a statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner. If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective. Please be aware that if You knowingly materially misrepresent that material or activity on the Website is infringing Your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If You believe that material You posted on the Website was removed or access to it was disabled by mistake or misidentification, You may file a counter-notification with us (a “Counter-Notice“) by submitting written notification to our Copyright Agent (identified below). Pursuant to the DMCA, the Counter-Notice must include (a) Your physical or electronic signature; (b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (c) adequate information by which we can contact You (including your name, postal address, telephone number and, if available, e-mail address); (d) a statement under penalty of perjury by You that You have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (e) a statement that You will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that You will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against You within ten business days of receiving the copy of Your Counter-Notice. Please be aware that if You knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Copyright Agent. Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is Janette Ghedotte, Founder & CEO of Accurate Body Language who may be contacted by mail at 2140 E. Ellsworth Rd, Ann Arbor, Michigan 48108, or by e-mail to support@accuratebodylanguage.com.

ARBITRATION, GOVERNING LAW, and ATTORNEY’S FEESA. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Accurate Body Language including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Wayne County, Michigan. You agree not to file suit against Accurate Body Language or any of its affiliates, subsidiaries, members, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Accurate Body Language. In the event that You and Accurate Body Language are unable to reach agreement on an Arbitrator, You and Accurate Body Language will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Wayne County, Michigan. The arbitrators selected by You and Accurate Body Language will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Accurate Body Language and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.

B. GOVERNING LAW

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).

Any legal suit, action or proceeding commenced by You and arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state or federal district courts located in Wayne County, Michigan. Notwithstanding the foregoing, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in Wayne County, Michigan or in your county of residence (if in the United States) or any permissible venue (if outside the United States). You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Accurate Body Language to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Accurate Body Language may not be joined or consolidated with claims brought by anyone else.

D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.

E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Accurate Body Language from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect the rights of Accurate Body Language prior to, during, or following any arbitration proceeding.

F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Accurate Body Language commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

WAIVER and SEVERABILITYNo waiver by Accurate Body Language of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Accurate Body Language to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.

DISCLAIMER of WARRANTIESYou understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ACCURATE BODY LANGUAGE NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ACCURATE BODY LANGUAGE NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YouR NEEDS OR EXPECTATIONS.

WITHOUT LIMITING THE FOREGOING, ACCURATE BODY LANGUAGE IS NOT ACTING AS A PSYCHOLOGICAL, FINANCIAL, OR LEGAL ADVISOR AND DOES NOT GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT OR SPECIFIC OUTCOME FROM USING THE WEBSITE OR FROM PARTICIPATING IN ACCURATE BODY LANGUAGE MEMBERSHIP PROGRAMS LOCATED ON ITS WEBSITES. PLEASE SEE OUR COMPLETE EARNINGS DISCLAIMERS FOR ADDITIONAL DETAILS, FOUND AT HTTP://ACCURATEBODYLANGUAGE.COM/EARNINGS-DISCLAIMER. ACCURATE BODY LANGUAGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

ENTIRE AGREEMENTThe Terms of Use and the other documents specifically incorporated herein constitute the sole and entire agreement between You and Accurate Body Language with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Neither You nor Accurate Body Language are relying on any representation not contained herein (or in the other documents specifically incorporated herein).

NOTICEAny notice required to be given to Accurate Body Language under or related to these Terms must be in writing, addressed as follows:

Janette Ghedotte, Founder & CEO

Accurate Body Language LLC2140 E. Ellsworth, Ann Arbor, MI 48108

General Support and Inquiries: support@accuratebodylanguage.comCompliance: compliance@accuratebodylanguage.comSpam or Abuse: abuse@accuratebodylanguage.comAffiliates: affiliates@accuratebodylanguage.com

Notices to You may be made by posting a notice (or a link to a notice) on https://www.accuratebodylanguage.com/terms, by e-mail, or by regular mail, at the discretion of Accurate Body Language.

GEOGRAPHIC RESTRICTIONSThe owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Data Privacy Shield - GDPRWhat is GDPR? It is the EU Data Privacy Shield that becomes effective on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under European Union.  The "Personal Data" definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.

Is Accurate Body Language GDPR Compliant? We are working diligently toward being GDPR compliant and plan to provide specific updates to our terms by the effective date. We take the rights of others very seriously and will support our EU and all other subscribers through this framework as administered. For more information, view our GDPR Policy.