Terms of Use2019-01-24T02:41:01+00:00

TREESTORIESCOURSE.COM TERMS OF SERVICE

Last Updated: January 8, 2019

ACCEPTANCE OF TERMS
Thank you for viewing our website, treestoriescourse.com. By viewing any page of our website
or downloading any content information, you agree that you have read, understand, and accept
the terms and conditions described below (the “Terms of Service”) and you agree to be bound
by these Terms of Service and all terms, policies and guidelines incorporated in the Terms of
Service by reference, including, but not limited to, treestoriescourse.com’s Privacy Policy
located at http://www.treestoriescourse.com/privacy-policy (“Privacy Policy”) (or such other
URL that treestoriescourse.com may provide from time to time) (collectively, the “Agreement”).
If you do not agree to this Agreement, you should not view the website in any way. The content
is offered to you conditioned on your acceptance without modification of this Agreement,
including without limitation, treestoriescourse.com’s right to use all data collected by the Site.

The Services are available only to individuals who are at least 18 years old and to companies
that are appropriately licensed and otherwise legally permitted to conduct business. You
represent and warrant that (a), if you are an individual, you are at least 18 years old, and (b) if
you are a company, you are appropriately licensed and are legally permitted to conduct
business.

MODIFICATION OF AGREEMENT
Treestoriescourse.com reserves the right to change or modify any of the terms and conditions
contained in this Agreement at any time, in its sole discretion, by posting changes
at http://www.Treestoriescourse.com or such other URL that Treestoriescourse.com may
provide from time to time). Your continued use of any part of the Site following the posting of
such changes or modifications will constitute your acceptance of such changes or modifications.

DOWNLOADABLE CONTENT
“Downloadable Content” means any information document that can be downloaded for free from
Treestoriescourse.com.

  • All Downloadable Content is for informational purposes only.
  • Treestoriescourse.com expressly disclaims responsibility, and shall have no liability, for any
    damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the
    information contained in this site.

FEES AND PAYMENT
All content is provided to you free of charge. Treestoriescourse.com may change its fees and
payment policies from time to time. The changes will be posted
at http://www.Treestoriescourse.com (or such other URL that Treestoriescourse.com may
provide from time to time).

REPRESENTATIONS AND WARRANTIES
You represent and warrant to Treestoriescourse.com that: (i) you have all necessary right,
power and authority to enter into this Agreement and to perform the acts required of you
hereunder and to permit Treestoriescourse.com to perform the Services contemplated under
this Agreement; (ii) you have complied and will continue to comply with all applicable laws,
statutes, ordinances, and regulations (including, without limitation, any relevant data
protection or privacy laws) and (iii) you will at all times comply with all applicable
Treestoriescourse.com policies.

PRIVACY AND INFORMATION COLLECTION
As a condition of your access to the Site, you agree that Treestoriescourse.com has the right,
for any purpose, to collect, retain, use, and publish in an aggregate manner, subject to the
terms of its Privacy Policy located here (or such other URL that Treestoriescourse.com may
provide from time to time), information collected in your use of the Site.

CONFIDENTIAL INFORMATION
“Confidential Information” includes any proprietary data and any other information disclosed
by one party to the other in writing and marked “confidential” or disclosed orally and, within
ten business days, indicated in writing as “confidential”. Notwithstanding the foregoing,
Confidential Information will not include any information that is or becomes publicly known,
which is already in the receiving party’s possession prior to disclosure by a party or which is
independently developed or collected by the receiving party without the use of Confidential
Information. Neither party will use or disclose the other party’s Confidential Information
without the other’s prior written consent except for the purpose of performing its obligations
under this Agreement or if required by law, regulation or court order. Upon termination of this

Agreement, the parties will promptly either return or destroy all Confidential Information and,
upon request, provide written certification of such.

INDEMNITY
You agree to indemnify, defend and hold harmless Treestoriescourse.com, its employees,
officers and directors, or users from and against any and all claims, liabilities, penalties,
settlements, judgments, fees (including reasonable attorneys’ fees) arising from (i) any
information that you may submit or access in the course of using the Site; (ii) your breach of
any representation or warranty in, or violation of the terms of this Agreement or any
agreement or other instrument with a third party applicable to you; (iii) any violation or failure
by you to comply with all laws and regulations in connection with your use of the Site, whether
or not described herein.

THIRD PARTIES
If you use the Site on behalf of any third party, you represent and warrant that you are
authorized to act on behalf of, and bind to this Agreement, that third party. You shall ensure
that each third party is bound by and abides by the terms of this Agreement. You agree to
indemnify, hold harmless and defend Treestoriescourse.com and its parents, subsidiaries,
affiliates, officers and employees, at your expense, against any and all third-party claims,
actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines,
costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation
expenses) incurred by Treestoriescourse.com, arising out of or relating to (i) any
representations and warranties made by you concerning any aspect of the Site; (ii) any claims
made by or on behalf of any third party pertaining directly or indirectly to your use of the Site;
(iii) violations of your obligations of privacy to any third party; and (iv) any claims with respect
to acts or omissions of third parties in connection with the Site.

Treestoriescourse.com may include hyperlinks to third-party websites or resources.
Treestoriescourse.com has no control over any third-party websites or resources. You
acknowledge and agree that Treestoriescourse.com (i) is not responsible for the availability of
or access to any such third-party websites or resources, (ii) does not endorse you, your
products or services, or any advertising, products or other materials available on or from such
third-party websites or resources, and (iii) is not liable for any loss or damage which you may
have incurred as a result of the availability of any third-party website or resources, or lack
thereof, or your reliance on the accuracy or completeness of any advertising, products or other
resources from such third-parties.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The information and services included in or available through the Site, including Downloadable
Content, may include inaccuracies or typographical errors. Treestoriescourse.com may make
improvements and/or changes in the Site at any time, with or without notice.

TREESTORIESCOURSE.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY REGARDING THE SERVICES TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICES ARE PROVIDED “AS-IS” AND
WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHER, TREESTORIESCOURSE.COM
DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT THE
SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR VIRUS-FREE OR
THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. SOME STATES DO NOT
ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

IN NO EVENT WILL TREESTORIESCOURSE.COM, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE
“TREESTORIESCOURSE.COM PARTIES”), BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY
UNDER ANY THEORY FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER
COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THIS AGREEMENT OR THE SERVICES, EVEN
IF TREESTORIESCOURSE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
SUCH DAMAGES ARE FORESEEABLE. THE TREESTORIESCOURSE.COM PARTIES’ AGGREGATE
LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER
OF ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE
TREESTORIESCOURSE.COM PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW.

OTHER RESTRICTIONS
You shall not, directly or indirectly, take or authorize or encourage any third party to take any
fraudulent action in the use of the Services, including without limitation, click fraud or
fraudulent downloads, nor shall you engage in any activity that interferes with, disrupts or
interacts in an unauthorized manner with the Services or Platform (or servers and networks which are connected to the Platform), including but not limited to use of robots, scrapers or other automated query tools and/or computer generated search requests.
Treestoriescourse.com may terminate your use of Site at any time for any reason, including
without limitation, such fraudulent or unauthorized activity, in its sole discretion.

INTERNATIONAL USE; EXPORT CONTROLS
The Services and the transmission of applicable data, if any, is subject to United States export
control laws. No Software may be downloaded from the Services or otherwise exported or re-
exported in violation of the export control laws of the United States.

MODIFICATIONS TO AND TERMINATION OF THE SERVICES
Treestoriescourse.com reserves the right to discontinue offering the Services or to modify the
Services at any time in its sole discretion. If you are dissatisfied with any aspect of the Site at
any time, your sole and exclusive remedy is to cease using it. Notwithstanding anything
contained in this Agreement to the contrary, Treestoriescourse.com may also, in its sole
discretion, terminate or suspend your access to the Services at any time. Upon any termination
of this Agreement, Treestoriescourse.com will cease providing the Services.

WAIVER AND SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable by a court of
competent jurisdiction, the parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision, and the other provisions of this
Agreement remain in full force and effect. Treestoriescourse.com’s acquiescence in the breach
of a provision of this Agreement or failure to act upon such breach does not waive
Treestoriescourse.com’s right to act with respect to subsequent or similar breaches. Likewise,
the delay or failure of Treestoriescourse.com to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision.

CHOICE OF LAW AND FORUM
This Agreement and the relationship between you and Treestoriescourse.com shall be
interpreted in accordance with the laws of the State of North Carolina without regard to
conflict of laws principles. Subject to the arbitration provisions below, you and
Treestoriescourse.com hereby agree to submit exclusively, to the personal jurisdiction of the
state courts with jurisdiction over Charlotte, North Carolina and/or the U.S. District Court for
the Western District of North Carolina.

BINDING ARBITRATION
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant
to the Federal Arbitration Act. You and Treestoriescourse.com agree that we intend that this
Section satisfies the “writing” requirement of the Federal Arbitration Act.

You or Treestoriescourse.com may elect to have any controversy, allegation or claim arising out
of or relating to this Agreement, the Services, including but not limited to claims for
indemnification, contribution, or cross-claims in a pending action involving one or more third
parties (collectively, a “Dispute”) finally and exclusively resolved by binding arbitration before a
sole arbitrator under the rules and regulations of the American Arbitration Association. If an in-
person arbitration hearing is required, then it will be conducted in Charlotte, North Carolina;
but if the applicable arbitration rules or laws require the arbitration to be conducted in the
“metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident
at the time the Dispute is submitted to arbitration, Treestoriescourse.com shall have the right
to elect to proceed to arbitration in such location. All parties to the arbitration will have the
right, at their own expense, to be represented by an attorney or other advocate of their
choosing. You and Treestoriescourse.com will pay the administrative and arbitrator’s fees and
other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules
or laws require Treestoriescourse.com to pay a greater portion or all of such fees and costs in
order for this Section to be enforceable, then Treestoriescourse.com will have the right to elect
to pay the fees and costs and proceed to arbitration.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE
JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE
ARBITRATED 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.