In this Agreement
the following terms shall have the following meanings:
"Account":
means collectively the personal information, Payment Information and
credentials used by Users to access Paid Content and / or any communications
System on the Website;
"Content":
means any text, graphics, images, audio, video, software, data compilations and
any other form of information capable of being stored in a computer that
appears on or forms part of this Website;
"Facilities":
means collectively any online facilities, tools, services or information
that Duval Training Academy LLC makes available through the
Website either now or in the future;
"Services":
means the services available to you through this Website, specifically use of
the Duval Training Academy LLC proprietary platform;
"Payment
Information": means any details required for the purchase of Services from
this Website. This includes, but is not limited to, credit / debit card
numbers, bank account numbers and sort codes;
"Premises":
Means Our place(s) of business located at 1708 Spring Green Blvd, Ste 120 PMB
1050, Katy, TX 77494;
"System":
means any online communications infrastructure that Duval Training
Academy LLC makes available through the Website either now or in the
future. This includes, but is not limited to, web-based email, message boards,
live chat facilities and email links;
"User" /
"Users": means any third party that accesses the Website and is not
employed by Duval Training Academy LLC Ltd and acting in the
course of their employment;
"Website":
means the website that you are currently using (www.overcomeraccelerated.com)
and any sub-domains of this site (e.g. subdomain.yourschool.com) unless
expressly excluded by their own terms and conditions; and
"We/Us/Our":
means Duval Training Academy LLC, a company incorporated in United
States with Company registration Number 88-3559576, located at 1708 Spring
Green Blvd, Ste 120 PMB 1050, Katy, TX 77494.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
- 4.1 Subject
to the exceptions in Clause 5 of these Terms and Conditions, all Content
included on the Website, unless uploaded by Users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video
clips, data compilations, page layout, underlying code and software is the
property of Duval Training Academy LLC, our affiliates or
other relevant third parties. By continuing to use the Website you
acknowledge that such material is protected by applicable United States
and International intellectual property and other laws.
- 4.2 Subject
to Clause 6 you may not reproduce, copy, distribute, store or in any other
fashion re-use material from the Website unless otherwise indicated on the
Website or unless given Our express written permission to do so.
- 5.1 Unless
otherwise expressly indicated, all Intellectual Property rights including,
but not limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such products
as may be applicable.
- 5.2 Subject
to Clause 6 you may not reproduce, copy, distribute, store or in any other
fashion re-use such material unless otherwise indicated on the Website or
unless given express written permission to do so by the relevant
manufacturer or supplier.
We are the owner or
the licensee of all intellectual property rights in our Services, including all
source code, databases, functionality, software, website designs, audio, video,
text, photographs, and graphics in the Services (collectively, the
"Content"), as well as the trademarks, service marks, and logos
contained therein (the "Marks").
Our Content and
Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the
United States and around the world.
This Website may
contain links to other sites. Unless expressly stated, these sites are not
under the control of Duval Training Academy LLC or that of Our
affiliates. We assume no responsibility for the content of such websites and
disclaim liability for any and all forms of loss or damage arising out of the
use of them. The inclusion of a link to another site on this Website does not imply
any endorsement of the sites themselves or of those in control of them.
Those wishing to
place a link to this Website on other sites may do so only to the home page of
the site www.overcomeraccelerated.com without Our prior
permission. Deep linking (i.e. links to specific pages within the site)
requires Our express written permission.
-
9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must
not use obscene or vulgar language;
- 9.1.2 You must
not submit Content that is unlawful or otherwise objectionable. This
includes, but is not limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You must
not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised
that submissions are made using the English language as We may be unable
to respond to enquiries submitted in any other languages;
- 9.1.5 The means
by which you identify yourself must not violate these Terms and Conditions
or any applicable laws;
- 9.1.6 You must
not impersonate other people, particularly employees and representatives
of Duval Training Academy LLC or Our affiliates; and
- 9.1.7 You must
not use Our System for unauthorized mass-communication such as
"spam" or "junk mail".
- 9.2 You
acknowledge that Duval Training Academy LLC reserves the
right to monitor any and all communications made to Us or using Our
System.
- 9.3 You
acknowledge that Duval Training Academy LLC may retain
copies of any and all communications made to Us or using Our System.
- 9.4 You
acknowledge that any information you send to Us through Our System may be
modified by Us in any way and you hereby waive your moral right to be
identified as the author of such information. Any restrictions you may
wish to place upon Our use of such information must be communicated to Us
in advance and We reserve the right to reject such terms and associated
information.
- 9.5 If it is
found negative or derogatory statements about coaches on this platform,
Daniel Duval, or Bride Ministries publicly, such as on social media, have
been made, we retain the right to deny future services to that individual
from any coach on this platform.
- 9.6 It is
understood that We are not pen pals. We are not required to engage in
ongoing communication by email or texts with Users following a scheduled
session. While We will maintain ongoing necessary communication with
regular Users, it is not an expectation that ongoing communication from Us
should happen under other arrangements.
-
10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
-
10.1.1 all information you submit is accurate and truthful;
-
10.1.2 you have permission to submit Payment Information where permission may be required; and
-
10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 It is
recommended that you do not share your Account details, particularly your
username and password. We accept no liability for any losses or damages
incurred as a result of your Account details being shared by you. If you
use a shared computer, it is recommended that you do not save your Account
details in your internet browser.
- 10.3 If you
have reason to believe that your Account details have been obtained by
another person without consent, you should contact Us immediately to
suspend your Account and cancel any unauthorized orders or payments that
may be pending. Please be aware that orders or payments can only be
cancelled up until provision of Services has commenced. In the event that
an unauthorized provision commences prior to your notifying Us of the unauthorized
nature of the order or payment then you shall be charged for the period
from the commencement of the provision of services until the date you
notified us and may be charged for a billing cycle of one month.
- 10.4 When
choosing your username you are required to adhere to the terms set out
above in Clause 9. Any failure to do so could result in the suspension
and/or deletion of your Account.
- 10.5 All work
that is performed with Us will require a waiver to be signed prior to
commencing work with Us
- 11.1 Either Duval
Training Academy LLC or you may terminate your Account. If We
terminate your Account, you will be notified by email and an explanation
for the termination will be provided. Notwithstanding the foregoing, We
reserve the right to terminate without giving reasons.
- 11.2 If We
terminate your Account, any current or pending orders or payments on your
Account will be cancelled and provision of Services will not commence.
- 12.1 Whilst
every effort has been made to ensure that all general descriptions of
Services available from Duval Training Academy LLC correspond
to the actual Services that will be provided to you, We are not
responsible for any variations from these descriptions as the exact nature
of the Services may vary depending on your individual requirements and
circumstances. This does not exclude Our liability for mistakes due to
negligence on Our part and refers only to variations of the correct
Services, not different Services altogether. Please refer to sub-Clause
13.8 for incorrect Services.
- 12.2 Where
appropriate, you may be required to select the required Plan of Services.
- 12.3 We
neither represent nor warrant that such Services will be available at all
times and cannot necessarily confirm availability until confirming your
Order. Availability indications are not provided on the Website.
- 12.4 All
pricing information on the Website is correct at the time of going online.
We reserve the right to change prices and alter or remove any special
offers from time to time and as necessary.
- 12.5 In the event
that prices are changed during the period between an order being placed
for Services and Us processing that order and taking payment, then the
price that was valid at the time of the order shall be used.
- 13.1 No part
of this Website constitutes a contractual offer capable of acceptance.
Your order constitutes a contractual offer that We may, at Our sole
discretion, accept. Our acceptance is indicated by Us sending to you an
order confirmation email. Only once We have sent you an order confirmation
email will there be a binding contract between Duval Training
Academy LLC and you.
- 13.2 Order
confirmations under sub-Clause 13.1 will be sent to you before the
Services begin and shall contain the following information:
- 13.2.1 Confirmation
of the Services ordered including full details of the main characteristics
of those Services;
- 13.2.2 Fully itemized
pricing for the Services ordered including, where appropriate, taxes,
delivery and other additional charges;
- 13.2.3 Relevant
times and dates for the provision of the Services;
- 13.2.4 User
credentials and relevant information for accessing those services.
- 13.3 If We,
for any reason, do not accept your order, no payment shall be taken under
normal circumstances.
- 13.4 Payment
for the Services shall be taken via your chosen payment method,
immediately for any setup fee that corresponds to the service plan you
purchased and at the same day of each subsequent month (“billing cycle”)
for charges accrued during the previous month (“billing cycle”) AND/OR as
indicated in the order confirmation you received.
- 13.5 We aim to
fulfill your Order within 2-3 working days or by the session date, if not,
within a reasonable period following your Order, unless there are
exceptional circumstances. If we cannot fulfill your Order within a
reasonable period, we will inform you at the time you place the Order by a
note on the relevant web page or by contacting you directly after you
place your Order. Time is not of the essence of the Contract, which means
we will aim to fulfill your Order within any agreed timescales but this is
not an essential term of the Contract and we will not be liable to you if
we do not do so.
- 13.6 Duval
Training Academy LLC shall use all Our reasonable endeavors to
provide the Services with reasonable skill and care, commensurate with
best trade practice.
- 13.7 In the
event that Services are provided that are not in conformity with your
order and thus incorrect, you should contact Us immediately to inform Us
of the mistake. We will ensure that any necessary corrections are made
within five (5) working days.
- Additional
terms and conditions may apply to the provision of certain Services. You
will be asked to read and confirm your acceptance of any such terms and
conditions when completing your Order.
- 13.8 Duval
Training Academy LLC provides technical support via our online
support forum and/or phone. Duval Training Academy LLC makes
every effort possible to respond in a timely manner but we do not
guarantee a particular response time.
We want you to be completely satisfied with the Products or Services you order from Duval Training Academy LLC. If you need to speak to us, then please contact customer care by email at overcomer.accelerated@gmail.com or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. You may start or stop this service at any time. Typically, cancellations will take effect the month they are made, and services will continue through the end of that month. If an immediate end of service is requested, we will prorate the amount paid for that month and issue a partial refund.
Use of the Website
is also governed by Our Privacy Policy (www.overcomeraccelerated.com/privacy)
which is incorporated into these Terms and Conditions by this reference. To
view the Privacy Policy, please click on the link above.
- 16.1 All
personal information that We may collect (including, but not limited to,
your name and address) will be collected, used and held.
- 16.2 We may use your
personal information to:
- 16.2.1 Provide Our
Services to you;
- 16.2.2 Process
your payment for the Services; and
- 16.2.3 Inform
you of new products and services available from Us. You may request that
We stop sending you this information at any time.
- 16.3 In
certain circumstances (if, for example, you wish to purchase Services on
credit), and with your consent, We may pass your personal information on
to credit reference agencies.
- 16.4 We will
not pass on your personal information to any other third parties without
first obtaining your express permission.
- 17.1 We make
no warranty or representation that the Website will meet your
requirements, that it will be of satisfactory quality, that it will be fit
for a particular purpose, that it will not infringe the rights of third
parties, that it will be compatible with all systems, that it will be
secure and that all information provided will be accurate. We make no
guarantee of any specific results from the use of our Service or Services.
- 17.2 No part
of this Website is intended to constitute advice and the Content of this
Website should not be relied upon when making any decisions or taking any
action of any kind.
- 17.3 No part
of this Website is intended to constitute a contractual offer capable of
acceptance.
- 17.4 Whilst We use
reasonable endeavors to ensure that the Website is secure and free of
errors, viruses and other malware, you are strongly advised to take
responsibility for your own internet security, that of your personal
details and your computers.
We reserve the right
to change the Website, its Content or these Terms and Conditions at any time.
You will be bound by any changes to the Terms and Conditions from the first
time you use the Website following the changes. If We are required to make any changes
to these Terms and Conditions by law, these changes will apply automatically to
any orders currently pending in addition to any orders placed by you in the
future.
- 19.1 The
Website is provided “as is” and on an “as available” basis. Duval
Training Academy LLC uses industry best practices to provide a
high uptime, including a fault-tolerant architecture hosted in cloud
servers. We give no warranty that the Website or Facilities will be free
of defects and / or faults and we do not provide any kind of refund for
outages. We provide no warranties (express or implied) of fitness for a
particular purpose, accuracy of information, compatibility and
satisfactory quality.
- 19.2 We accept
no liability for any disruption or non-availability of the Website
resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and
censorship.
- 20.1 To the
maximum extent permitted by law, We accept no liability for any direct or
indirect loss or damage, foreseeable or otherwise, including any indirect,
consequential, special or exemplary damages arising from the use of the
Website or any information contained therein. You should be aware that you
use the Website and its Content at your own risk.
- 20.2 Nothing in
these Terms and Conditions excludes or restricts .
- 20.3 Nothing
in these Terms and Conditions excludes or restricts Duval Training
Academy LLC's liability for any direct or indirect loss or damage
arising out of the incorrect provision of Services or out of reliance on
incorrect information included on the Website.
- 20.4 In the
event that any of these terms are found to be unlawful, invalid or
otherwise unenforceable, that term is to be deemed severed from these
Terms and Conditions and shall not affect the validity and enforceability
of the remaining Terms and Conditions. This term shall apply only within
jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these
Terms and Conditions shall confer any rights upon any third party. The
agreement created by these Terms and Conditions is between you and Duval
Training Academy LLC.
- 24.1 All
notices / communications shall be given to Us either by post to Our
Premises (see address above) or by email to overcomer.accelerated@gmail.com.
Such notice will be deemed received 3 days after posting if sent by first
class post, the day of sending if the email is received in full on a
business day and on the next business day if the email is sent on a
weekend or public holiday.
- 24.2 We may
from time to time, if you opt to receive it, send you information about
Our products and/or services. If you do not wish to receive such
information, please click on the ‘Unsubscribe’ link in any email which you
receive from Us.
These Terms and
Conditions and the relationship between you and Duval Training Academy
LLC shall be governed by and construed in accordance with Texas laws
and Duval Training Academy LLC and you agree to submit to the
exclusive jurisdiction of United States. EACH PARTY TO THIS AGREEMENT (ALONG WITH THEIR
EMPLOYEE(S) AND /OR AGENT(S)) HEREBY CONSENTS TO PERSONAL JURISDICTION AND
VENUE OF THE STATE COURTS OF HARRIS COUNTY, TEXAS or Federal Courts in the
Southern District of Texas.