Last Updated January 18, 2022
7-Figure Selling Academy, LLC and Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice, LLC, and www.michaelhewitt.com (“Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice,” “us,” “we,” or “our”) thank you for visiting the online and mobile resources we publish. We use the words “you” and “your” to mean you, the reader, and other visitors to our online and mobile resources who are, in all cases, over the age of 13. Our privacy statement (“this statement,” “this privacy statement,” and “our statement”) informs you about from whom and the types of personal information we collect, how we use it, who we share it with and why, and what we do to try to protect it.
Online and mobile resources mean the websites and other internet features we own that allow you to interact with our websites, as well apps we’ve created and distributed to let our customers and followers view our online and mobile resources or otherwise interact with the content we provide.
WHO WE COLLECT PERSONAL INFORMATION FROM
We may collect personal information from the following groups of data subjects: visitors to, and users of, our online and mobile resources; our customers; current members of our workforce and those who apply for posted jobs; and third-party vendors and business partners.
Personal information generally means information that can be used to identify you or that can be easily linked to you (for example, your name, address, telephone number, email address, social security number and date of birth). The privacy laws in some jurisdictions include unique elements in what they consider to be the personal information of the consumers or data subjects they protect. If those laws apply to us, as in the case of the California Consumer Privacy Act (“CCPA”) or European General Data Protection Regulation (“GDPR”), our use of the phrase “personal information” includes the unique elements required by such laws.
The categories of information we collect from each of these groups, and the ways in which we use it, differs. As you may have noticed, it’s possible that the same person could fall into more than one group. Most of this statement addresses our processing and sharing of personal information collected from visitors to and users of our online and mobile resources and our customers.
Nonetheless, we collect and retain the types of professional or employment-related personal information you would expect an employer to have about its existing and former workforce and new job applicants. We provide legally required notices of collection and describe our use and sharing of the personal information of our workforce and applicants in greater detail in confidential internal human resource manuals and documents accessible to members of our workforce, or by publication on the proprietary workforce/applicant portals and apps we operate. In some cases, such portals and apps may be operated by third parties who transfer the personal information to us. In those situations, the legal responsibility to provide notice usually rests with the third party, not us.
In addition, like all corporate enterprises, we buy goods and services, lease equipment and office space and attend industry events. In doing so, we interact with many existing and potential vendors and business partners from whom we necessarily collect certain personal information in connection with our contractual and business relationships. As with our customers, this information is typically limited to minimum business contact information. We use and share personal information collected from our vendors and business partners to manage, administer and perform under our contracts with them, or share information about our products. We describe our use of vendor and business partner personal information in greater detail in our confidential contracts with those parties or on the internal vendor management portals we operate.
WHAT WE COLLECT
There are two types of information that we obtain from you online and then store and use: (i) non-personal information that’s collected automatically from each visitor, such as your device operating system; and (ii) personal information that you voluntarily provide to us or that is collected automatically.
By using our online and mobile resources or purchasing our products or services, you are signifying to us that you agree with this section of our privacy statement and that we may use and disclose your information as described.
Voluntarily Submitted Information.
If you participate in certain activities via our online and mobile resources, you may be asked to provide us with information about yourself. The types of personal information we collect in those situations includes identifiers (such as your name, email address, physical address, and phone number), professional information (such as the business you are in), and financial account information (such as your credit card information). We do not sell, rent, or trade voluntarily submitted personal information with third parties.
If you don’t want us to collect this type of personal information, please don’t provide it. This means you shouldn’t participate in the activities on our online and mobile resources that request or require it and you may want to communicate with us by phone or regular mail instead. Participation is strictly your choice. Not participating may limit your ability to take full advantage of the online and mobile resources, but it will not affect your ability to access certain information available to the general public on the online and mobile resources.
Some of the ways you voluntarily give us your personal information and how we use it:
Emails and Online Forms – When you send us an email or fill out an online form, such as to contact us, your email address and any other personal information (e.g., home address or phone number) that may be in the content of your message or attached to it, are retained by us and used to respond back directly to you and to process your request. Depending on the personal information provided, communications from us may be in the form of emails, telephone calls, and/or text messages. We may also send you information about any of our products or services we think may be of interest to you.
Registering for an Account – When you register for an account or you register your child for a sub-account, you submit personal information to us such as your name and email address (or your child’s name and email address) which we then retain. We use that information to create and manage your account and, in some cases, establish a password and profile to communicate with you and any sub-accounts you created via email.
Registering for Events – When you register for services, webinars, events, conferences, or programs we ourselves may host (rather than outsource to a third-party event manager with its own privacy policies), you will be submitting the types of identifiers described above. If the event requires a fee, we may also ask you to submit credit card or other financial information. We use this information to register you for the event and send you communications regarding the event.
Becoming a Subscriber to Our Service – We use any information provided from our customers to perform our contractual obligations and provide the products and services purchased to them, to manage their accounts and communicate with them.
Social Media and Community Features – Some of our online and mobile resources may offer social media-like community features letting users post messages and comments, and/or upload an image or other files and materials. If you choose to make use of these features, the information you post, including your screen name and any other personal information, will be in the public domain and not covered/protected by this statement.
Automatically Collected Information.
When you visit our online and mobile resources, basic information is passively collected through your web browser via use of tracking technologies, such as a “cookie” which is a small text file that is downloaded onto your computer or mobile device when you access the online and mobile resources. It allows us to recognize your computer or mobile device and store some information about your preferences or past actions.
The internet activity information collected through cookies and other similar means includes such things as: the domain name and IP address from which you accessed our online and mobile resources; the type of browser and operating system you use; the date and time and length of your visit; the specific page visited, graphics viewed and any documents downloaded; the specific links to other sites you accessed from our online and mobile resources; and the specific links from other sites you used to access our online and mobile resources.
Additionally, if you access our online and mobile resources from a phone or other mobile device, the mobile services provider may transmit to us uniquely identifiable mobile device information which allows us to then collect mobile phone numbers and associate them with the mobile device identification information. Some mobile phone vendors also operate systems that pinpoint the physical location of devices and we may receive this information as well if location services are enabled on your device. If you do not want us to collect and use geolocation data, disable location services through your device settings.
Regardless, we use both automatically collected information and mobile device information to compile generic reports about popular pages on our online and mobile resources and to see how our customers and followers are accessing our online and mobile resources. We then use that
data to administer the online and mobile resources and make them better, make your activities more convenient and efficient and to enhance the functionality of our online and mobile resources, such as by remembering certain of your information in order to save you time.
We use and retain your personal information in accordance with applicable law and as long as necessary to carry out the purposes described above in accordance with our internal data retention procedures.
User Beware: External Sites, Apps, Links and Social Media.
We maintain a presence on one or more external social media platforms such as Twitter, Facebook, YouTube and LinkedIn. We may further allow features of our online and mobile resources to connect with, or be viewable from, that external social media presence. Similarly, our online and mobile resources may contain links to other websites or apps controlled by third parties.
WHEN/WITH WHOM DO WE SHARE PERSONAL INFORMATION
We use non-personal information to administer our online and mobile resources, make them better, and to make business decisions about what programs our customers might like.
We use voluntarily provided personal information to respond to your inquiries and provide you with the services you have requested, amongst other uses as further described below. We do not sell or rent your personal information to third party data vendors or marketing companies. As you might expect, we disclose your information when required by law.
In addition to those third parties set forth above, we may share your information, including personal information, within our family of companies including but not limited to Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice. Those companies will use such information in generally the same manner as we do under this privacy statement which includes sending you information about their products, services, or initiatives that may be of interest to you.
Legally Compelled Disclosures.
We may disclose your information, including personal information, to government authorities, and to other third parties when compelled to do so by such government authorities, or at our discretion or otherwise as required or permitted by law, including but not limited to responding to court orders and subpoenas.
To Prevent Harm.
We may disclose your information, including personal information, when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the online and mobile resources, or anyone else that could be harmed by such activities.
If we or any of our affiliates, or substantially all of its or their assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, or liquidation, personal information may be one of the transferred assets.
Vendors and Business Partners.
We may share your information, including personal information, with our vendors and other third parties with whom we have a contractual relationship. We may also share your information, including personal information, with vendors who provide third party software services that you have chosen to assist you with your sales funnels. We do our best to disclose only the information each of those parties need.
We have adopted standards for those vendors and business partners who receive personal information from us. We attempt to bind such vendors and business partners to those standards via written contracts. We further attempt to contractually restrict what our vendors and business partners can do with the personal information we provide to them such that it is used only to the extent necessary to carry out the business purpose for which it was provided; is not disclosed to anyone else without our consent or under our instruction; remains, as between us and the applicable vendor or business partner, our property; and is not transferred out of the United States without our consent.
Please note, however, that we cannot guarantee that all of our vendors and business partners will agree to these contractual requirements; nor can we ensure that, even when they do agree, they will always fully comply.
YOUR RIGHTS AND OPTIONS
You do not have to provide personal information to enjoy most of the features of our online and mobile resources. Moreover, you can opt-out of certain activities like newsletters and announcements. Residents of California and data subjects whose personal information was obtained while they were in the GDPR Jurisdictions have certain additional rights.
GDPR Jurisdictions means the countries composed of the European Economic Area (including Iceland, Lichtenstein, and Norway) and the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
Furthermore, Andorra, Argentina, Canada (only commercial organizations), Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland, Uruguay and Japan have received an “adequacy decision” from the European Commission, adheres to the material terms of the GDPR. Switzerland also has its own data protection via its Federal Act of Data Protection (“DPA”).
GDPR longer has jurisdiction over The United Kingdom. Since the United Kingdom (“UK”) has now formally left the European Union, it is no longer regulated domestically by the material terms of the GDPR. The United Kingdom General Data Protection Regulation (“UK-GDPR”) is the UK’s data privacy law that governs the processing of personal data domestically.
If we are using personal information you provided to us in order to enable us to send you materials, such as newsletters or product alerts via text or email, and you decide you don’t want to receive such materials, you may opt-out by following the opt-out instructions in the email or other communication (e.g., by responding to the text with “STOP”), or by contacting us using the contact information below. When we receive your request, we will take reasonable steps to remove your name from our distribution lists. You need to understand it may take a period to remove your name from our lists after your request and due to such latency, you may still receive materials for a period of time after you opt-out. In addition to opting out, you have the ability to access, amend, and delete your personal information by contacting us using the contact information below.
Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not specifically respond to browser “do not track” signals.
Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward and collect and use information from, children under the age of 13. We take those age-related requirements very seriously, and consistent with it do not intend for our online and mobile resources to be used by children under the age of 13 without first obtaining the verifiable consent of such child’s parent or legal guardian. Moreover, we do not knowingly collect personal information from minors under the age of 13, only a parent or legal guardian may provide such information after adhering to our verification process for submitting such information via the online and mobile resources. If we become aware that anyone under the age of 18 has submitted personal information to our online and mobile resources, we will delete that information and will not use it for any purpose whatsoever. If you believe that someone under the age of 18 has submitted personal information to our online and mobile resources, please contact us at support@Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.
HOW WE PROTECT COLLECTED PERSONAL INFORMATION
We will take all reasonable security precautions to protect your personal information provided to our online and mobile resources. We have adopted a security program that includes technical, organizational, administrative, and other security measures designed to protect, in a manner consistent with accepted industry standards and applicable law, against anticipated or actual threats to the security of personal information (the “Security Program”). We cannot, however, guarantee that your information, whether during transmission or while stored on our systems or otherwise in our care, will be free from unauthorized access or that loss, misuse, destruction, or alteration will not occur. Except for our duty to maintain the Security Program under applicable law, we disclaim any other liability for any such theft or loss of, unauthorized access or damage to, or interception of any data or communications including personal information. We have every reason to believe our Security Program is reasonable and appropriate for our business and the nature of foreseeable risks to the personal information we collect. We further periodically review and update our Security Program, including as required by applicable law.
Nonetheless, as part of our Security Program, we have specific incident response and management procedures that are activated whenever we become aware that your personal information was likely to have been compromised. We further require, as part of our vendor and business partner oversight procedures, that such parties notify us immediately if they have any reason to believe that an incident adversely affecting personal information, we provided to them has occurred.
THE CALIFORNIA CONSUMER PRIVACY ACT
When we collect personal information from California residents, we become subject to, and those residents have rights under, the California Consumer Privacy Act or “CCPA”. This section of our statement is used to allow us to fulfill our CCPA obligations and explain your CCPA rights. For purposes of this section, the words “you” and “your” mean only such California residents.
What did we collect from California Residents?
We collect the following categories of personal information: identifiers such as name, address, IP address, and other similar identifiers; personal information described in subdivision (e) of Section 1798.80 (California customer records statute) such as a name, address, telephone number, credit card number; commercial information such as products or services purchased; internet/electronic activity such as browsing history and search history; geolocation data including geographic coordinates/physical location; and audio, video, electronic or other similar information. We may disclose this information for one or more business purposes permitted by the CCPA. We do not sell, and within the last 12 months have not sold, personal information to third parties.
Rights of California Residents
You have the following rights under the CCPA, in summary disclosure, access and delete. More information can be found here. It’s important to us that you know that if you exercise these rights, we will not “discriminate” against you by treating you differently from other California residents who use our sites and mobile resources or purchase our services but did not exercise their rights.
You can exercise these rights up to two different times every 12 months. To do so, just contact us support@Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice or (614) 423-9067. We may ask you to fill out a request form. The CCPA only allows us to act on your request if we can verify your identity or your authority to make the request so you will also need to follow our instructions for identity verification.
If you make a verifiable request per the above, we will confirm our receipt and respond in the time frames prescribed by the CCPA.
THE EU GENERAL DATA PROTECTION REGULATION
We do collect or otherwise obtain personal information from data subjects located in the GDPR Jurisdictions. We fulfill our GDPR obligations with respect to our workforce/job applicants, our customers (and their own end-clients), and our vendors and business partners through a series of separate notices, contracts or other terms provided to them at the time, and in the manner and form, GDPR and local law within each GDPR Jurisdiction requires.
We describe, in the immediately following section of this statement, how we comply with the GDPR for personal information collected from visitors to and users of our online and mobile resources while they were in a GDPR Jurisdiction. Thus, for purposes of that section, the words “you” and “your” mean only such GDPR Jurisdiction-based visitors and users.
What do we collect from you in the GDPR Jurisdictions and how do we use it?
We collect from you the categories of personal information already described. The lawful basis on which we rely for such collection, later use and disclosure, is what the GDPR refers to as legitimate interest. As stated elsewhere in this statement, we do not sell any of your personal information to third parties nor do we use it for automated decision making.
Cross-border Data Transfers and Third-Party Processors
If we transfer personal information from the GDPR Jurisdictions to a location that has not been deemed by the European Commission to have adequate privacy protections, we do so in the manner the GDPR permits.
Rights of Data Subjects in the GDPR Jurisdictions
While we attempt to allow all visitors and users of our online and mobile resources to exercise a degree of control over their personal information, under the GDPR we have a legal obligation to do so for you. More specifically, with respect to personal information collected from you while you were in a GDPR Jurisdiction, you have these rights: transparency, access, correction and deletion, portability, who, what, why and where, and restriction/objection (for more information click here).
If you would like to exercise any of these rights, please contact support@Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice. Your ability to exercise these rights is subject to certain conditions and exemptions that you can read about in Articles 12 through 23 of the GDPR. Among those conditions is our right to decline part or all of a request if we cannot satisfy our reasonable doubts and concerns about your identity in a manner that helps us minimize the risk that unauthorized persons might use a GDPR right to access your personal information. We will respond to all requests without undue delay, and in accordance with the time frames, if any, prescribed by the GDPR. If you are not satisfied with how we use your personal information or respond to your requests, you have the right to complain to your data protection regulator. Contact information for the EU data protection regulators can be found here.
RIGHTS OF DATA SUBJECTS IN OTHER JURISDICTIONS
In other jurisdictions, with similar data privacy regulations, we may collect from you the categories of personal information already described. We collect and manage (including disclose) such data in compliance with applicable local law(s). As noted, we do not sell any of your personal information to third parties nor do we use it for automated decision making.
CHANGES TO THIS PRIVACY STATEMENT
This privacy statement was drafted on January 18, 2022, and is effective as of this date. The English language version of this privacy statement is the controlling version regardless of any translation you may attempt.
We reserve the right to change or update this statement from time to time. Please check our online and mobile resources periodically for such changes since all information collected is subject to the statement in place at that time.
If you have questions about our privacy statement or privacy practices, please contact us at:
Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice, Inc.
Attn: Legal & Compliance Department
21750 Hardy Oak Blvd., Ste. 104, PMB 744414, San Antonio, Texas 78258
Note on how we can communicate with you:
By agreeing to our terms of service a prospect agrees to receive snail mail, email, phone and automated prerecorded voice message solicitations from Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice, including its various business divisions, affiliates, partners, vendors, list managers and clients who purchase our lists. You also agree to be contacted on a recurring basis for as long as you are a part of our sms/mms mobile message marketing program. We may sell the personal information that you supply to us and we may work with other third party businesses to bring selected retail opportunities to our members via direct mail, email, SMS, text and telemarketing (including but not limited to pre recorded phone messages) . Filling out any forms on our pages constitutes my signature and agreement that the Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice and it’s representatives, agents, and partners may contact me by telephone (including at my wireless telephone number), email, SMS, or pre-recorded message at the information I provided through this website, and I understand and agree that this consent applies even if my number is listed on a state or federal do-not-call list. By filling out any of our forms you also agree that you cannot “build a case” against Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice (by counting infractions per solicitation) because by submitting any forms or filling out any information signifies that you are requesting to be contacted by email, including SMS, text, pre-recorded phone calls. In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of use, or loss of profits.
Message and data rates may apply.
Prospect agrees he/she is solely responsible for any and all third party fees a prospect may incur when being contacted by Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice and its business divisions, affiliates, partners, clients, vendors and list managers. By filling out ANY of our forms you also forfeit your right to litigate against Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice based on any previously alleged infraction (alleged infractions prior to you submitting any forms) including but not limited to SMS, email, or robo-dial. If any of the terms are held unenforceable, the reminder of the terms shall remain in effect.
Please DO NOT digitally sign this agreement by submitting any forms on any of our websites if you do not agree with our terms and conditions.
To unsubscribe from email, phone, sms, or robo-dialing mediums please send an email to email@example.com and include the phone number and or email address you wish to be removed. You may also call and leave a message indicating such request at 7206296773, you can also opt-out by replying to the text message with “STOP”.
Copyright 2023 – Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice – All Rights Reserved
Last Updated: January 18, 2022
Education and Training
Specific Knowledge LLC, its subsidiaries, and affiliates (collectively, “Unleash Your Voice,” “Tonality Training,” “MCH Coaching,” the “Company,” “We,” or “Us”) is a direct-to-consumer, and direct-to-business sales and marketing education and training company. We do not sell a business opportunity, “get rich quick” program or money-making system. We believe, with education, individuals can be better prepared to make investment decisions, but we do not and cannot guarantee success in investing. We do not make earnings claims, efforts claims, return on investment claims, or claims that our training will make you any money. Training generally includes a hybrid of education, training, and tools/resources. All material is intellectual property and protected by copyright. Any duplication, reproduction, or distribution is strictly prohibited.
Examples, Case Studies, and Hypothetical Scenarios
The Company makes no representation regarding the likelihood or probability that any actual or hypothetical investment in the training will achieve a particular outcome or perform in any predictable manner. Any historical return information in the Company presentation and materials do not represent the actual performance of any specific client’s experience. Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Investing involves risk, and you could lose money. Examples and hypothetical scenarios used in the Company presentation and materials may include information compiled from third-party sources. The Company believes the third-party information comes from reliable sources but does not guarantee its accuracy.
Lending and Financing
The Company is not a lender, does not issue credit, and is not a credit counselor or provide consulting services related to acquiring lines of credit. Lenders and consulting firms are independently owned and operated and are otherwise not affiliated with the Company. The Company does not receive referral fees or any compensation related to lending or other services provided by these independent parties. You should carefully evaluate your own financial situation, objectives, consequences, risks, and other relevant circumstances before borrowing funds or purchasing consulting services. Closing IO assumes no responsibility or liability for the actions, products, services, and content of independent parties. Using borrowed money to make investments into training or to purchase any other product or service at high-interest rates or terms may significantly reduce the return you receive on any investment in education or may even cause you to lose more money than you invested. The Company urges you to carefully consider using borrowed money before making an investment decision. If you cannot make required minimum payments to the bank and/or lenders, you may incur additional fees and risk damage to your credit profile.
Customer Satisfaction Surveys
To continually improve the customer experience, we survey our customers often. Nevertheless, it is difficult to track and ascertain those who implement and complete the training. Some customers attend the training for education purposes only – and do not purchase additional training – but may be included in satisfaction survey results.
Testimonials and reviews are individual experiences and personal opinions of those who have purchased education and training. Individual results will vary, and testimonials and/or reviews may not be typical. Results rely on individual effort, time, and skill of each customer, as well as unknown conditions and other factors. The Company does not track monetary results. Instead, it surveys customers concerning the value of its education, training, support, and overall satisfaction. Survey respondents typically rate their experience of the Company’s products and services over 4.8/5 (Trust Pilot). Survey results are comprised of an average rating across all products and services within a 12-month period.
You may be asked to complete a satisfaction survey. By completing a survey, you confirm that the information contained is an accurate representation of your experience and that you have not received any financial incentive to give positive feedback. Further, you give the Company permission to publish your aggregate feedback and comments, on your behalf, to the Company’s website(s), materials, and various online review outlets. We respect your privacy and will not publish personally identifiable information.
The Company may link to content or refer to content and/or services created by or provided by third parties that are not affiliated with the Company. The Company is not responsible for such content and does not endorse or approve it. Such content may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to the Company and its products and services. The Company assumes no responsibility or liability whatsoever for the accuracy, reliability, or opinions contained in such content. If you decide to access such content or use their products or services, you do so at your own risk.
The Company may provide services by or refer you to third-party businesses. Some of these businesses have common interest and ownership with the Company. Third-party terms and conditions, privacy provisions, confidentiality provisions, or other provisions are governed separately from your customer relationship with the Company.
Third-party company names, logos, and products are trademarks or registered trademarks of their respective holders. Use of them does not imply an affiliation with or endorsement or sponsorship of the Company.
END USER LICENSING AGREEMENT
EFFECTIVE DATE: June 20,2023
This Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice End User License Agreement (“Agreement”) constitutes a legally binding agreement between you (“you” or “Participant”) and Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice governing your use and access to the Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice software services and related applications (“Applications”) made available to you through the Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice Platform. All capitalized terms not defined in this Agreement shall have the same meaning as those defined, capitalized terms contained within Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice’s Terms of Service.
By clicking the “I Agree to the End User License Agreement” box, you agree to be bound by this Agreement. Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice may from time to time issue updated versions of the Applications. You consent to such automatic updates and agree that this End User License Agreement will apply to all such updates.
THIS AGREEMENT INCLUDES PROVISIONS FOR BINDING ARBITRATION ON AN INDIVIDUAL BASIS –WHICH INCLUDES A WAIVER OF A RIGHT TO A JURY TRIAL OR A RIGHT TO FILE A CLASS ACTION.
1. Applications License. Subject to the limitations set forth herein, Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice hereby grants Participant a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable, worldwide license to access and utilize the Applications solely for Participant’s personal, non-commercial use.
2. Reservation of Rights. Except for the limited licenses granted herein, nothing in this Agreement grants to Participant any rights of ownership to Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice ’s copyrights, patents, patent applications, trade secrets, trade names, trademark, service marks or other Intellectual Property.
3. Use Limitations. The Applications are for Participant’s personal use only. Participant shall not use the Applications for commercial purposes. Participant shall not outsource, distribute, redistribute, sell, resell, sublicense or otherwise commercially exploit the Applications.
4. Prohibited Use.
a. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms of the Applications.
b. You shall not interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Applications. Participant shall not violate the security of the Applications or attempt to gain unauthorized access to the Applications, data, materials, information, computer systems or networks connected to any server associated with the Applications, through hacking, password timing or any other means. Participant may neither take nor attempt any action that, in the sole discretion of Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice, imposes or may impose an unreasonable or disproportionately large load or burden on the Applications or the infrastructure related thereto. Participant shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Applications without the prior express written consent of Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice. Participant shall not intentionally or unintentionally utilize the Applications in any manner that violates any applicable law, rule or regulation.
c. Export Compliance. The software offered through the Applications may be subject to export laws and regulations of the United States and other jurisdictions. Participant represents and warrants that it is not named on any U.S. government denied-party list. Participant shall not permit access or use any Services in a U.S. embargoed country (currently Cuba, Iran, North Korea, Sudan, Syria or Crimea) or in violation of any U.S. export law or regulation.
5. Limited Participant Content License. Participant hereby grants to Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice a limited, non-exclusive, perpetual, worldwide, non-revocable, royalty-free license to use Participant Content as is necessary to provide the services embedded within the Applications, in all forms of media in which the Applications are provided, whether now known or later discovered, without further compensation or accounting. This license also grants Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice the right to sublicense Participant Content to third-party coaches and consultants solely for the purpose of engaging with Participant to facilitate the processes and techniques associated with the Applications.
6. Content Restrictions. Participant shall be responsible for all Content uploaded and otherwise exchanged through the Applications. Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice shall have no obligation to prescreen, monitor, edit or remove any Content. Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice reserves the right, to take any action to restrict or remove access to any Content that we deem, in our sole and absolute discretion, to be objectionable, in violation of applicable law, or otherwise in violation of this Agreement.
a. Term. This Agreement shall remain in effect during the term of Participant’s participation in any applicable Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice’s Program Services. Access to the Applications may be terminated at any time in Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice’s sole discretion.
b. Automatic Termination. This Agreement shall automatically terminate, without notice, (i) upon the institution by or against either Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of either Party’s debts, (ii) upon either Party making an assignment for the benefit of creditors, or (iii) upon either Party’s dissolution or ceasing to do business.
c. Cause. Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice may terminate this Agreement immediately if Participant (i) violates any Program Services-related rules, policies and procedures, (ii) fails to make timely Program Services-related payments, and/or (iii) otherwise breaches any material terms of this Agreement.
d. Injunctive Relief. Participant understands and agrees that money damages will not be a sufficient remedy for any breach of Participant’s Use Limitations/Prohibited Use obligations under this Agreement, and that Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice shall be entitled to seek equitable relief, including injunction and specific performance, as a remedy for any such breach. Such remedies will not be deemed to be the exclusive remedies for a breach by Participant, but will be in addition to all other remedies available to Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice at law or in equity.
e. Effect of Termination; Survival. The following Sections survive termination of this Agreement: Dispute Resolution, Disclaimers, Indemnification. Limitation of Liability, and Choice of Law.
9. Dispute Resolution.
a. Individual Binding Arbitration. Any claim or controversy with Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice arising out of or relating to the Applications (including formation, interpretation, performance and breach of the Agreement) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) shall be final and binding upon the parties, and any judgment on the award may be entered in any court having jurisdiction thereof. The Federal Arbitration Act, 9 U.S.C. § 1 et. seq., shall govern the interpretation and enforcement of this Agreement.
b. Class Action & Jury Trial Waiver. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. EACH PARTY IS EXPRESSLY WAIVING ITS RIGHTS TO A TRIAL BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
c. Fees; Prevailing Party. Fees associated with any arbitration initiated under this Agreement shall initially be borne equally by the Parties, provided however that the prevailing party in any such arbitration shall be entitled to recover its reasonable attorneys’ fees, costs and expenses incurred in connection with the arbitration.
d. Notice. When initiating a request to arbitrate, Participant must also send a copy of the completed form to Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice at 21750 Hardy Oak Blvd., Ste. 104, PMB 744414.
10. Indemnification. Participant shall indemnify, defend, and hold harmless Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, affiliates, managers, licensors, business partners and each of their respective successors and assigns (the “Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, reasonable attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice Indemnified Parties arising out of or relating to Participant’s acts or omissions and/or breach of the terms of this Agreement.
11. Limitation of Liability. IN NO EVENT SHALL Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice’S, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, AFFILIATES, MANAGERS, LICENSORS, BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, EXCEED THE TOTAL AMOUNT OF FEES PAID BY PARTICIPANT FOR THE PROGRAM SERVICES GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, AFFILIATES, MANAGERS, LICENSORS, BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE TO PARTICIPANT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF CONSORTIUM), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. No action, regardless of form, arising from or pertaining to this Agreement and/or the Program Services may be brought by Participant more than ONE (1) YEAR after such action has arisen.
12. DISCLAIMER OF WARRANTIES: TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATIONS, CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT OR SERVICES (I) WILL BE UNINTERRUPTED, TIMELY OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE APPLICATIONS, CONTENT, AND SERVICES.
13. General Provisions.
a. Choice of Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the jurisdiction of the State of California, and venue in the County of Orange, with regard to any controversy or claim arising out of or relating to this Agreement, or the breach thereof.
b. Force Majeure. Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice shall not be liable or responsible to Participant for any delays in providing the Applications as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight, embargoes, terrorism, natural disaster, war or acts of God.
c. Relationship of Parties. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.
d. Waiver. No failure or delay by a Party exercising any right, power or privilege under this Agreement will operate as a waiver thereof.
e. Modification. No modification of this Agreement shall be effective unless it is either in writing and signed by an authorized representative of Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice or posted by Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice on the Platform.
f. Severability. The validity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.
g. Assignment. Participant shall not assign any of the rights or obligations under this Agreement without the prior written consent of Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice. This Agreement is assignable by Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice at any time without Participant’s consent.
h. Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties and their respective successors and permitted assigns.
i. Interpretation. Headings are for reference purposes only and do not limit the scope or extent of such section.
j. Notices. All notices, requests and other communications under this Agreement shall be in writing and shall be delivered in person (by courier or otherwise) or mailed by certified or registered U.S. mail, return receipt requested, to Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice at 21750 Hardy Oak Blvd., Ste. 104, PMB 744414, San Antonio, Texas, 78258 and to Participant at the email address specified in Participant’s account.
14. Entire Agreement. This Agreement, along with the Specific Knowledge LLC/MCH Coaching/Tonality Training/Unleash Your Voice/Tonality Training/Unleash Your Voice Terms of Service, shall comprise the entire agreement between the Parties regarding the Applications and supersedes all prior or contemporaneous agreements, written or oral, between the Parties regarding the subject matter contained herein.