Terms & Conditions

These Terms & Conditions (the “Terms”) govern your access to and use of Promise Selling and its platform http://promisesellingacademy.com (the “Program”) provided by Habits at work, LLC (“Habits at Work”).

Your access to and use of the Program or provided to you as part of the Program reflects your agreement to be bound by these Terms. In our sole discretion, we reserve the right to change these Terms from time to time, and at any time, without prior notice.

Use of the Program

You may use the Program only for your personal use and may not use it for any commercial nature. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Program or any content, information, software, products or services obtained from the Program without our prior written permission.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material of the Program, download onto your personal computer, mobile device or other technology used to access the Program and print single hard copy portions of the material from the Program solely for your own personal, noncommercial, lawful use. If you make other use of the Program, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You may not (a) decompile, disassemble or reverse engineer the Program or any portion thereof, or (b) attempt to gain unauthorized access to the Program, any portion thereof, or any other computer systems or social media or mobile platforms through the Program. You agree that you will not use the Program in any manner that could damage, disable, overburden, impair the Program or interfere with any other party’s use and enjoyment of the Program. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for by the Program. Use of the Program made available through a third-party platform is also subject to the platform’s applicable terms and conditions.

You agree that all of the information You submit or transmit fully complies with the law. Habits at Work is not liable whatsoever for Your misuse of any data.

The Program may contain additional terms and conditions, all of which are incorporated by reference herein. Please review our other policies posted on the Program website.

Limitations

We may send you emails and other communications related to the Program (regardless if you have opted-out of marketing messages with Habits at Work). You may not transfer or assign your access to the Program or any Program benefits, including any promotion codes. You are not permitted to use any features of the Program for purposes of resale or rental. From time to time, Habits at Work may choose in its sole discretion to add or remove features of the Program.

Termination by Us

We may terminate your access Program at our discretion without notice, violations of these Terms or any applicable law, involves fraud or misuse of the Program, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Discussion Threads, Forums

The Program may contain features such as discussion threads and forums (“Community Areas”) that allow users to post, submit, publish and display remarks, suggestions, ideas, graphics or material you submit to us by email, download or other forms of feedback (collectively “Feedback”) on or through the Program. All such Feedback posts must comply with the standards set out in these Terms. You agree not to submit any personal or sensitive information or Confidential of any third party to Community Areas. Any Feedback is non-confidential.

You understand that by providing Feedback to us, you grant to us and our designees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully-transferable, assignable and sub-licensable right and license to use, distribute, copy, reproduce, disclose, transmit, modify, translate, adapt, create derivative works from, publicly perform, publish and/or display in any format or medium and otherwise exploit all such Feedback (in whole or in part), including all data, images, creative works, sounds, text and other things embodied therein, for any and all commercial or non-commercial purposes. We have no obligation to review or use any Feedback or keep them confidential, but if we elect to use them, we are free to use and repurpose such Feedback for any purpose without any compensation to you. We do not waive any rights it may have to similar or related ideas previously known to it or developed by its employees and representatives or obtained from sources other than you.

You acknowledge and agree that you are solely responsible for the accuracy and content of the information you submit to us. You agree to provide accurate and truthful information. You agree to promptly notify us if the information you provided becomes or is discovered to be inaccurate, untruthful or misleading.

In addition to other prohibitions as set forth in the Terms, you shall not knowingly post, transmit, redistribute, upload or promote any Feedback, content or any other materials to or from the Program that: contain corrupted files, viruses or any other similar software files; are unlawful, threatening, harassing, abusive, offensive, defamatory, invasive of privacy or publicity rights, infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially, ethnically derogatory or otherwise violate any right of any third party; are likely to upset, embarrass, alarm, inconvenience or annoy any other person; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, mass mailings, “spam,” political campaigning or other forms of solicitation to other users, individuals or entities; contain false, deceptive, or misleading information or advertising, or impersonate any individual or entity, including our company and our employees and agents or are likely to deceive any person; encourage conduct that would constitute a criminal offense; involve commercial activities, sales, contests, sweepstakes and other sales promotions, barter or advertising; give the impression that they emanate from or are endorsed by us or any other individual or entity if this is not the case; give rise to civil or criminal liability; collect or track the personal information of others, spam, phish, pharm, pretext, spider, crawl or scrape the Program website, or interfere with or circumvent the security features of the Program, other websites, or the Internet; otherwise violate any law; or amount to any conduct that, in the judgment of Habits at Work, is otherwise objectionable, restricts, impairs, interferes or inhibits any user from using or enjoying the Program, or may harm Habits at Work or users of the Program or expose them to liability.

In addition to any remedies that we may have at law or in equity, if Habits at Work determines, in its sole discretion, that you have violated or are likely to violate the preceding prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Program. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Intellectual Property

The Program, products and services of Habits at Work and the information therein contain copyrighted materials, trademarks, proprietary data, research and other information belonging to Habits at Work or used with permission of licensors of Habits at Work. We and any licensors own all rights, title and interest to the Program, and all content and materials, including, without limitation, all text, photos, videos, graphics, art, user input, interfaces, features, functions, button icons, data compilations, software, code and materials thereon, the “look and feel,” selection and arrangement, design and organization of the Program, trademarks and logos, audio, sound recordings and video recording. Your use of the Program does not grant third parties’ content you ownership in or rights to any of those mentioned above. We and any licensors reserve and shall retain their entire right, title and interest in and to the Program, including, without limitation, all copyrights, trademarks and other intellectual property rights therein or relating to that, except as expressly granted to you in these Terms.

No copying, redistribution, retransmission, publication or commercial exploitation of any material of the Program is permitted without the express permission of Habits at Work and/or the copyright owner, except as may be expressly authorized by applicable copyright laws. You shall not (i) remove, delete, alter or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Program, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any features of the Program or any features or functionality of the Program, to any third party for any reason, including, without limitation, by making the Program available on a network where it is capable of being accessed by more than one device at a time.

Linking to the Program and Social Media Features

The Program may contain links to other websites, which may be of interest to you. For example, the Program may include certain social media features that allow you to link from your own or certain third-party websites to certain content in the Program or cause limited portions of content in the Program to be displayed or appear to be displayed on your own or certain third-party website. We may disable all or any social media features and links at any time without notice at our discretion. 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 and conditions we provide with respect to such features. Subject to the preceding, you must not: (i) establish a link from any website you do not own or (ii) cause the Program or portions of it to be displayed on or appear to be displayed by any other website, for example, framing deep linking or in-line linking.

We are not responsible for the content of any other websites linked to the Program. Your linking to any other website is at your own risk, and you should be aware that, unless otherwise indicated, these Terms no longer govern. Please be mindful of this as you link to other outside websites. You should review the applicable terms and policies, including privacy and data gathering practices, of any external website to which you navigate.

Reliance on Information Posted

The information presented in the Program is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. The information provided is for educational and informational purposes only and solely as a self-help tool for your own use. The information in this Program is not intended or implied to be a substitute for professional medical, psychiatric, psychological, or therapeutic advice, diagnosis, or treatment. 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 who access the Program or by anyone who may be informed of any of its contents. The Program may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors. 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 Habits at Work, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Habits at Work. 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.

Disclaimer

THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HABITS AT WORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. HABITS AT WORK DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM OR THE SERVER THAT MAKES THE PROGRAM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HABITS AT WORK DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT IN THE PROGRAM OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY, OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PROGRAM. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE PROGRAM OR DELETION OF YOUR ACCOUNT.

Limitation of Liability

IN NO EVENT SHALL HABITS AT WORK, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE PROGRAM OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE PROGRAM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PROGRAM. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OR YOUR USE OF THE PROGRAM, EXCEED, IN THE AGGREGATE, $10 (UNITED STATES DOLLARS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Program, your communication, placement or transmission of any message, content, information or other materials on or through the Program, your breach or violation of the law, any third party right or of these Terms, or any activity otherwise related to your use of the Program (including negligent or wrongful conduct), by you.

Jurisdictional Issues

The Program may not be available to users outside the United States and its territories, including military installations (the “Territory”). Habits at Work makes no representation that materials or information in the Program are appropriate or available for use outside of the Territory. Access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Program outside of the Territory do so at their initiative and are responsible for compliance with applicable local laws. You may not use or export any materials of the Program in violation of the United States or any other jurisdiction’s export, re-export, or import laws and regulations.

Copyright

If you believe your copyright or other intellectual property or privacy right has been violated by content accessible in the Program, please contact us by email at habits@habitsatwork.com.

Miscellaneous

No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship is intended or created by these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to affect the parties intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. By using the Program, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Program or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred.

Together with the Privacy Policy (www.promisesellingacademy.com/pages/privacy), any other separate terms referred to and incorporated herein by reference, and any other legal notices published by Habits at Work, these Terms shall constitute the entire agreement between you and Habits at Work concerning the subject matter hereof. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Habits at Work may assign its rights and duties under these Terms to any party at any time without notice to you. The communications between you and us use electronic means, whether through the Program or via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Term

This Agreement shall be effective as of the date (the “Effective Date”) the User accepts the terms herein or first accesses, downloads, or uses any of the services or information in the Program and shall remain in effect for so long as the User uses or accesses the Program(the “Term”). Upon termination of the Term, the User shall no longer be permitted to use or access the Program. The terms herein that contemplate obligations after the Term, including but not limited to Indemnification, Disclaimer, Limitation of Liability and Intellectual Property, shall survive termination.