DISCLAIMER
Key Provisions
Effective Date: December 18, 2024
This Disclaimer (“Disclaimer”) is issued by This Business Mom LLC (“Company,” “we,” “us,” or “our”) and governs the access to and use of our website, digital content, educational materials, services, and courses, including but not limited to the course titled "Creating an Online Business Using Affiliate Marketing" (“Course”). This Disclaimer is issued in compliance with relevant legal frameworks, including but not limited to the Michigan Consumer Protection Act (MCL § 445.901), Federal Trade Commission Act (15 U.S.C. § 41-58), and General Data Protection Regulation (GDPR Regulation (EU) 2016/679).
By accessing or using the Course, website, or related materials, you affirm that you have read, understood, and accepted the terms of this Disclaimer. If you do not agree to any portion of this Disclaimer, you are required to immediately discontinue use. This Disclaimer is legally binding and is governed by the laws of the State of Michigan, as well as applicable federal and international regulations, including privacy and consumer protection laws.
1Educational and Informational Purposes:
The materials and information provided are for educational purposes only and do not constitute legal, financial, tax, or professional advice. Users are advised to consult with qualified professionals regarding their specific circumstances. This complies with the Michigan Education Code (MCL § 388.1601) and FTC Guidance on Endorsements (16 CFR Part 255).
Jurisdictional Application and User Responsibility:
While the Company is based in Michigan, it acknowledges the global reach of its users. Users outside Michigan must adhere to local laws applicable to their use of the Course, including consumer protection statutes like the California Consumer Privacy Act (Cal. Civ. Code § 1798.100) or the EU GDPR. Users are solely responsible for determining and maintaining compliance with their local legal requirements.
Affiliate Marketing Compliance:
The Course may include instruction on affiliate marketing strategies and provide affiliate links. The Company adheres to the Federal Trade Commission (FTC) Guidelines for Endorsements and Testimonials (16 CFR Part 255), requiring disclosure of material connections. Users engaging in affiliate marketing are advised to fully disclose their affiliations and comply with the FTC’s clear-and-conspicuous standards.
Data Collection and Privacy Notice:
The Company employs cookies and tracking mechanisms to optimize user experience and for affiliate marketing purposes. Such practices are fully compliant with the Michigan Internet Privacy Protection Act (MCL § 445.81), GDPR (Articles 5-7), and ePrivacy Directive 2002/58/EC. Users are provided with an opt-in mechanism for cookies, and no pre-checked boxes are employed, ensuring transparency and user consent as required by law.
Intellectual Property Rights:
All content, including but not limited to text, videos, templates, and graphics, are protected under the Copyright Act of 1976 (17 U.S.C. § 101) and Digital Millennium Copyright Act (17 U.S.C. § 512). Unauthorized reproduction, modification, or distribution of these materials is strictly prohibited and may result in legal action.
Limitation of Liability:
The Company disclaims liability for any damages, including but not limited to economic loss, legal penalties, or data breaches, arising from the use or reliance on Course materials. This is in accordance with the Uniform Commercial Code (UCC § 2-316) and Michigan’s provisions on disclaimers and liability limitations.
DEFINITIONS
Affiliate Marketing
Affiliate marketing is a performance-based business model where an affiliate earns compensation for directing traffic or sales to a merchant’s website or products. This relationship is governed under 16 C.F.R. Part 255, which requires clear and conspicuous disclosure of material connections between the affiliate and the merchant, ensuring compliance with the Federal Trade Commission Act (15 U.S.C. § 45).
Arbitration
Arbitration refers to a legally binding method of alternative dispute resolution where an impartial arbitrator resolves conflicts between parties. It is regulated under the Federal Arbitration Act (9 U.S.C. §§ 1–16), with decisions enforceable by courts and subject to limited grounds for appeal.
Binding Arbitration
Binding arbitration signifies that the arbitrator's decision is final, conclusive, and enforceable under federal law, as set forth in the Federal Arbitration Act, and within Michigan, under the Michigan Arbitration Act (MCL § 600.5001 et seq.).
Confidentiality
Confidentiality denotes the legal obligation to safeguard sensitive or proprietary information from unauthorized disclosure or use. This duty is protected under statutes like 18 U.S.C. § 1905 and reinforced by international frameworks such as GDPR Articles 5 and 6, ensuring data minimization and purpose limitation.
Cookie
A cookie is a data file sent from a website and stored on a user's device to facilitate functionality, track activity, or enhance the user experience. The usage of cookies must comply with regulations such as GDPR Recital 30 and the ePrivacy Directive (2002/58/EC), which require explicit user consent.
Course
The Course refers to the educational program provided by the Company, including "Creating an Online Business Using Affiliate Marketing" and all associated resources, materials, and communications. Access and use of the Course are governed by this Disclaimer and applicable contractual and statutory laws.
Damages
Damages refer to monetary compensation awarded as a remedy for breach of contract, tortious conduct, or statutory violations. Recovery of damages may be compensatory, punitive, or consequential, subject to limitations outlined in UCC § 2-715.
Dispute Resolution
Dispute resolution encompasses legally recognized mechanisms for resolving conflicts between parties, including negotiation, mediation, and arbitration. These processes are governed by federal and state laws, such as 28 U.S.C. § 1332 and the Federal Arbitration Act.
Force Majeure
Force majeure is a legal doctrine excusing parties from contractual obligations due to unforeseeable events beyond their control, such as natural disasters, government actions, or cyberattacks. This principle is codified under UCC § 2-615 and reinforced by case law addressing excusable nonperformance.
FTC Endorsement Guidelines
These guidelines, codified in 16 C.F.R. Part 255, regulate advertising practices to ensure truthful endorsements and full disclosure of material connections between endorsers and products or services.
General Data Protection Regulation (GDPR)
The GDPR is a comprehensive European Union regulation (EU Regulation 2016/679) establishing principles and legal obligations for the processing of personal data, including transparency, consent, and accountability.
Indemnification
Indemnification refers to a contractual obligation requiring one party to compensate another for specified losses, damages, or liabilities. It is governed under principles outlined in Restatement (Second) of Contracts § 380 and relevant statutory law.
Intellectual Property
Intellectual property encompasses legal rights over creations of the mind, including copyrights, trademarks, and patents. Protections are enforced under laws such as the Copyright Act of 1976 (17 U.S.C. § 101) and the Lanham Act (15 U.S.C. § 1051 et seq.).
Jurisdiction
Jurisdiction refers to a court's authority to hear and resolve disputes. Federal jurisdiction is established under 28 U.S.C. § 1331 for federal questions and 28 U.S.C. § 1332 for diversity of citizenship.
Liability
Liability denotes legal responsibility for damages, losses, or injuries caused by a party's actions or omissions. Limitations and exclusions of liability are governed under UCC § 2-316 and MCL § 445.903.
Limitation of Liability
A limitation of liability clause restricts the extent of damages a party may recover under a contract. These provisions are enforceable under federal law and subject to state-specific statutes such as the Michigan Consumer Protection Act (MCL § 445.903).
Michigan Consumer Protection Act (MCPA)
The MCPA, codified at MCL § 445.901 et seq., prohibits deceptive, fraudulent, or unfair business practices, including false advertising and unconscionable terms.
Revocable License
A revocable license grants conditional and non-permanent access to use intellectual property or services. It is subject to withdrawal under conditions outlined by 17 U.S.C. § 106.
Severability
Severability ensures that if a provision in a contract is deemed invalid or unenforceable, the remaining terms remain binding and effective. This principle is codified in Restatement (Second) of Contracts § 184.
Third-Party Links
Third-party links refer to external websites or services accessible through the Company’s platform. The Company disclaims responsibility for such entities, as established under Restatement (Third) of Agency § 7.03.
Trademark
A trademark is a symbol, name, or design legally protecting brand identity and reputation. Trademark protections are provided under the Lanham Act (15 U.S.C. § 1051 et seq.).
Unfair Trade Practices
Unfair trade practices include deceptive advertising, fraud, or unethical business conduct prohibited by federal and state statutes, such as 15 U.S.C. § 45 and MCL § 445.903.
User Consent
User consent refers to explicit permission granted by users for data processing or tracking activities, as required under GDPR Articles 6 and 7 and the ePrivacy Directive.
1. Purpose and Scope
1.1 This Disclaimer applies to all materials, communications, services, and information provided by the Company through its website, the "Creating an Online Business Using Affiliate Marketing" Course, and any related digital or physical platforms, including but not limited to email correspondence, webinars, and other educational content. It is issued in compliance with relevant statutory and regulatory requirements, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45) and the Michigan Consumer Protection Act (MCL § 445.901 et seq.).
1.2 The materials and content offered by the Company are for educational and informational purposes only. They are not intended, nor should they be construed, as constituting legal, financial, tax, health, or business advice under applicable laws such as the Michigan Business Corporation Act (MCL § 450.1101 et seq.) or the Internal Revenue Code (26 U.S.C. § 1 et seq.).
1.3 By accessing and using the materials, you acknowledge and agree that reliance on any information, strategies, or advice provided by the Company is undertaken entirely at your own discretion and risk. The Company expressly disclaims all liability, whether in tort, contract, or otherwise, for any actions or decisions taken based on such information. This limitation of liability complies with the provisions of the Uniform Commercial Code (UCC § 2-316) and Michigan’s Uniform Disclaimer of Property Interests Act (MCL § 700.2901 et seq.).
1.4 The materials provided by the Company are not a substitute for professional advice. Users are encouraged to seek individualized advice from licensed professionals, including but not limited to attorneys, certified public accountants, financial advisors, or business consultants. This provision aligns with the principles of the Michigan Rules of Professional Conduct (MRPC 1.1), which emphasize competent professional representation.
2. No Professional Relationship
2.1 Disclaimer of Professional Relationship
The use of this Course, associated materials, website, or any related communications does not establish any attorney-client, financial advisor-client, fiduciary, or other professional relationship between you and the Company. This limitation is consistent with the Michigan Rules of Professional Conduct (MRPC 1.5) and the Uniform Fiduciary Standards Act (MCL § 700.1212), ensuring that no unintended fiduciary obligations are implied or created. The Company does not provide legal, financial, medical, or professional advice and explicitly disclaims any such role.
2.2 Scope of Communications
All communications, including responses, guidance, or recommendations provided by the Company via email, educational content, live sessions, or any other form of interaction, are for general informational purposes only. These communications are not intended to substitute for personalized advice from licensed professionals and do not create a duty of care or legal obligation under Michigan’s Consumer Protection Act (MCL § 445.903) or the Federal Trade Commission Act (15 U.S.C. § 45).
2.3 Limitation of Liability
The absence of a professional relationship limits the Company’s liability for any damages or claims resulting from the application or misapplication of information provided in the Course or related materials. Such limitations of liability comply with the Uniform Commercial Code (UCC § 2-316) and Michigan's Tort Liability Act (MCL § 600.2946), which allow businesses to disclaim responsibility for incidental and consequential damages when no formal professional relationship exists.
2.4 No Duty to Update or Correct
The Company is under no obligation to update or correct any information or materials provided, and users are advised to independently verify all information before applying it to their circumstances. This aligns with the Restatement (Second) of Torts § 552, limiting liability for informational inaccuracies in the absence of a contractual or fiduciary relationship.
3. Affiliate Marketing Disclosure
3.1 FTC Compliance Statement
The Company participates in affiliate marketing programs and complies fully with the Federal Trade Commission (FTC) Endorsement Guides (16 C.F.R. Part 255) and FTC Act (15 U.S.C. § 45). These laws require transparency and truthfulness in advertising and endorsements. By participating in affiliate programs, the Company may receive financial compensation, commissions, or other benefits when users make purchases through affiliate links. These practices are disclosed clearly to comply with the regulatory framework established by the FTC.
3.2 Affiliate Marketing Practices
* Affiliate Links: The Company’s materials, website, and Course may include affiliate links to products or services offered by third parties.
* Compensation: The Company may receive compensation or other financial incentives for purchases made through these links. These commissions do not increase the cost of products or services to the user.
* Tracking Mechanisms: Affiliate tracking mechanisms, such as cookies, may be employed to record and attribute user actions, as permitted by 15 U.S.C. § 6501 (Children’s Online Privacy Protection Act) and related privacy laws.
3.3 Transparency and Disclosure Standards
* Disclosure Placement: All affiliate relationships are disclosed in accordance with the FTC Guidelines for Disclosures (16 C.F.R. § 255.5). This includes placing disclosures prominently within materials where affiliate links appear.
* Clear Language: Disclosures are written in plain language, avoiding technical jargon, to ensure that users understand the material connections between the Company and third-party providers.
3.4 Compliance with Privacy and Data Protection Laws
* General Data Protection Regulation (GDPR): In compliance with the General Data Protection Regulation (Regulation (EU) 2016/679) and the California Consumer Privacy Act (CCPA, Cal. Civ. Code § 1798.100 et seq.), the Company ensures that cookies and tracking technologies used for affiliate marketing purposes are implemented only after obtaining explicit user consent.
* Opt-Out Mechanisms: Users may opt out of cookie tracking through browser settings or other mechanisms provided by the Company, in accordance with the ePrivacy Directive (2002/58/EC) and Michigan Internet Privacy Protection Act (MCL § 450.771).
3.5 Cookie Usage and Duration
* Affiliate Tracking Cookies: Cookies may be placed in a user’s browser to track purchases made through affiliate links. These cookies comply with the duration standards set by individual affiliate programs, typically ranging from 24 hours to 90 days, and are disclosed in compliance with the FTC Act (15 U.S.C. § 45).
* User Consent: Users must provide affirmative consent for cookies to be placed on their devices. No pre-checked boxes or default opt-ins are used, as prohibited under GDPR Recital 32 and the FTC Consent Order Guidelines.
3.6 Liability for Affiliate Transactions
The Company is not responsible for the actions, practices, or policies of third-party affiliate providers. Users are advised to review the terms, conditions, and privacy policies of these third parties before engaging in transactions. This limitation of liability is supported under UCC Article 2 governing third-party transactions.
3.7 Modifications and Updates
The Company reserves the right to modify its affiliate disclosure practices to comply with changes in applicable laws or regulations, including updates to the FTC Endorsement Guides or amendments to state and federal consumer protection laws.
4. Earnings and Business Outcomes
4.1 No Guarantee of Results
The Company explicitly disclaims any warranty, promise, or representation that participation in the Course or implementation of strategies taught will lead to specific financial, professional, or business outcomes. This limitation of liability complies with UCC § 2-316 and the Federal Trade Commission Act (15 U.S.C. § 45).
4.2 Illustrative and Non-Binding Examples
Case studies, testimonials, examples, or success stories featured within the Course materials or promotional content are illustrative and anecdotal. They do not constitute guarantees, assurances, or representations of typical outcomes. This approach is consistent with the Truth in Advertising regulations (16 C.F.R. § 251.1) and the FTC Endorsement Guides (16 C.F.R. Part 255).
4.3 Prohibited Practices by Users
Users are strictly prohibited from engaging in deceptive or misleading practices, such as making unsubstantiated claims about potential earnings or business outcomes based on the Course materials. Violations of this policy may contravene 15 U.S.C. § 45 (FTC Act) and applicable state false advertising statutes, including Michigan Consumer Protection Act (MCL § 445.903).
4.4 Factors Influencing Results
The Company asserts that success is contingent upon variables beyond its control, including but not limited to:
* Individual effort and adherence to provided guidance.
* Prevailing market conditions and competition.
* Regulatory compliance and alignment with applicable laws, such as the Michigan Uniform Securities Act (MCL § 451.2101).
* Technological or economic shifts.
5. Compliance with Data Protection Laws
5.1 Compliance with Applicable Laws
The Company operates in adherence to the following privacy and data protection laws, where applicable:
* General Data Protection Regulation (GDPR), governing data protection for European Union residents (EU Regulation 2016/679).
* California Consumer Privacy Act (CCPA) (Cal. Civ. Code §§ 1798.100–1798.199), protecting California residents.
* California Online Privacy Protection Act (CalOPPA) (Cal. Bus. & Prof. Code §§ 22575–22579), requiring transparency in online data handling.
5.2 Cookie Usage
(a) Consent Requirement: Cookies used for tracking, analytics, or marketing purposes require explicit user consent in jurisdictions governed by the GDPR and ePrivacy Directive (2002/58/EC).
(b) Preference Management: Users may manage their cookie preferences through provided banners or browser settings, as required under Article 6 of the GDPR and CalOPPA.
5.3 Privacy Policy
(a) Access and Transparency: The Privacy Policy is publicly accessible on all pages of the Company’s website and details the types of data collected, purposes of use, storage practices, and data-sharing policies, as required by Article 12 of the GDPR and CalOPPA.
(b) User Rights: Users are entitled to:
* Access their personal data (GDPR Article 15).
* Request corrections or updates to inaccurate information (GDPR Article 16).
* Request data deletion under the "right to be forgotten" provisions (GDPR Article 17).
* Portability of data, where applicable (GDPR Article 20).
6. Intellectual Property Rights
6.1 Protection of Materials
All Course content, educational materials, and associated intellectual property are protected by the following:
* Copyright Act of 1976 (17 U.S.C. § 101 et seq.), ensuring exclusive rights to reproduction, distribution, and display.
* Applicable state and international copyright laws, including the Berne Convention for the Protection of Literary and Artistic Works.
6.2 Prohibited Actions
Unauthorized reproduction, dissemination, alteration, or display of Company materials is strictly prohibited. Such violations may result in legal action under the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) and Michigan's Uniform Trade Secrets Act (MCL § 445.1901–445.1910).
6.3 Limited and Revocable License
Users are granted a limited, non-exclusive, revocable, and non-transferable license to access and use Course materials solely for personal, non-commercial purposes. This license does not:
* Transfer ownership of intellectual property rights.
* Permit redistribution, sublicensing, or derivative works.
Violations of this clause may result in immediate termination of access and potential legal remedies under 17 U.S.C. § 504 (Remedies for Infringement).
6.4 Intellectual Property Enforcement
The Company reserves the right to pursue all remedies available under federal copyright law, the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state trade secret laws to address infringements.
6.5 Trademarks
The Company's name, logo, and associated branding are protected trademarks under the Lanham Act (15 U.S.C. § 1127). Unauthorized use of these trademarks constitutes infringement and may result in liability for damages and injunctive relief.
7. Limitation of Liability
7.1 Disclaimer of Liability
To the fullest extent permitted under applicable law, the Company disclaims all liability for:
* Direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of revenue, profits, data, or business opportunities, arising from the use or reliance on the Course, its materials, or associated services. This includes damages resulting from reliance on the information, instructional content, or any errors or omissions therein.
* Losses arising from technical issues, data breaches, or disruptions caused by third-party platforms, providers, or other factors beyond the Company’s control, in compliance with Uniform Commercial Code § 2-715.
7.2 Jurisdictional Exceptions
Certain jurisdictions, including but not limited to Michigan, may restrict the exclusion of liability for particular types of damages. In such cases, the Company’s liability will be limited to the maximum extent permitted by law, as per MCL § 445.903 (Michigan Consumer Protection Act) and 15 U.S.C. § 2301 et seq. (Magnuson-Moss Warranty Act).
8. Indemnification
8.1 User Obligations
Users agree to indemnify, defend, and hold harmless the Company, along with its affiliates, officers, directors, employees, and agents, from any and all claims, damages, costs, or expenses, including reasonable attorney’s fees, arising from:
(a) Breach of Agreement: The User’s breach of this Disclaimer or failure to comply with any applicable provisions under 15 U.S.C. § 45 or state deceptive trade practice laws, such as the Michigan Consumer Protection Act (MCL § 445.903).
(b) Misuse of Content: Any unauthorized or improper use of the Course, materials, or intellectual property provided by the Company.
(c) Violation of Laws: User actions violating federal, state, or local laws, including copyright, privacy, or data protection regulations.
8.2 Survival Clause
The indemnification obligations outlined in this section will survive the termination or expiration of the User’s access to the Course or materials, in accordance with Restatement (Second) of Contracts § 380.
9. Governing Law and Dispute Resolution
9.1 Governing Law
This Disclaimer and any disputes arising therefrom shall be governed and construed in accordance with the laws of the State of Michigan, USA, without regard to its conflict of laws principles, as per 28 U.S.C. § 1332 (Diversity Jurisdiction). The Michigan Uniform Commercial Code (MCL § 440.1101 et seq.) will guide interpretations of contractual obligations.
9.2 Arbitration
(a) Binding Arbitration: All disputes, controversies, or claims arising out of or relating to this Disclaimer, including its breach, shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as mandated by the Federal Arbitration Act (9 U.S.C. §§ 1–16).
(b) Arbitration Scope: The arbitration shall cover all claims, including those based on tort, contract, statutory violations, or any other legal theory.
9.3 Arbitration Venue and Costs
(a) Venue: The arbitration proceedings shall take place in Detroit, Michigan, or another mutually agreed-upon location.
(b) Costs: Arbitration fees and related expenses shall be allocated as determined by the arbitrator, subject to provisions under the AAA Commercial Arbitration Rules and MCL § 600.5001 et seq. (Michigan Arbitration Law).
9.4 Injunctive Relief
Nothing in this section precludes the Company from seeking injunctive relief or equitable remedies in a court of competent jurisdiction for breaches involving intellectual property or confidentiality, as per 17 U.S.C. § 502 (Copyright Infringement Injunctions).
10. Severability
10.1 Partial Invalidity
If any provision of this Disclaimer is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to render it enforceable, and if such modification is not possible, it shall be severed. The remainder of this Disclaimer shall continue in full force and effect, pursuant to Restatement (Second) of Contracts § 184.
10.2 Clause Preservation
The unenforceability of a particular clause does not affect the enforceability of the Disclaimer as a whole. This principle aligns with MCL § 600.1405 (Michigan Contract Law) and similar doctrines under the Uniform Commercial Code § 2-302, ensuring equitable treatment in contractual obligations.
11. Force Majeure
11.1 Exclusion of Liability
The Company shall not be held liable for any failure or delay in the performance of its obligations arising out of or caused by forces beyond its reasonable control. Such events include but are not limited to:
* Natural disasters (acts of God) such as earthquakes, floods, or hurricanes.
* Cyberattacks, ransomware, or other malicious technological interference.
* Government regulations, regulatory changes, or acts of authorities that materially affect the delivery of services.
These exclusions are consistent with UCC § 2-615 (Excuse by Failure of Presupposed Conditions), which governs unforeseen contingencies affecting contractual obligations.
11.2 Duty to Mitigate
In the event of a force majeure, the affected party shall make reasonable efforts to mitigate the impact and resume performance as soon as feasible.
12. Termination and Modification
12.1 Right to Terminate
The Company reserves the right to terminate or suspend access to the Course, website, or associated materials without prior notice if the user breaches this Disclaimer or any applicable laws. This termination right is governed by 15 U.S.C. § 7704 (CAN-SPAM Act) and Michigan Consumer Protection Act (MCL § 445.903), ensuring compliance with regulatory standards.
12.2 Modification of Terms
The Company may update or amend this Disclaimer, Privacy Policy, or Terms and Conditions at its sole discretion. Users agree that continued use of the Course constitutes acceptance of the revised terms, in compliance with Restatement (Second) of Contracts § 89.
13. Ethical Use Policy
13.1 Compliance with Standards
Users agree to act in accordance with ethical standards and all applicable laws, including but not limited to:
(a) 17 U.S.C. § 106 (Copyright Law), prohibiting unauthorized reproduction or distribution of the Company’s materials.
(b) 15 U.S.C. § 45 (Unfair Trade Practices Act), barring false advertising or deceptive practices.
(c) Avoidance of data misuse under 18 U.S.C. § 1030 (Computer Fraud and Abuse Act).
13.2 Consequences of Violations
Violations of this Ethical Use Policy may result in:
* Immediate termination of access to the Course.
* Legal action under MCL § 445.903 (Michigan Consumer Protection Act).
Reporting of violations to relevant regulatory authorities.
14. Accuracy of Information
14.1 No Guarantee of Accuracy
While the Company endeavors to ensure that all materials are accurate and reliable, it does not warrant their completeness, accuracy, or applicability to all users. This limitation is consistent with 17 U.S.C. § 102 (Copyright Protection Scope).
14.2 User Responsibility
Users are encouraged to exercise independent judgment and verify the information provided, consistent with the principles of Restatement (Second) of Torts § 552 (Information Negligence).
15. User Responsibilities
15.1 Account Security
Users are solely responsible for maintaining the confidentiality of their login credentials and for all activities conducted under their account. The Company disclaims liability for unauthorized access due to user negligence, as per 18 U.S.C. § 1030 (Computer Fraud and Abuse Act).
15.2 Notification of Breach
In the event of unauthorized access or security breaches, users must promptly notify the Company. Failure to do so may limit the Company's ability to assist or mitigate potential damages.
16. Marketing Compliance
16.1 Adherence to Laws
Users agree to comply with all relevant marketing laws, including but not limited to:
* 16 C.F.R. Part 255 (FTC Endorsement Guidelines): Requiring clear disclosure of material connections in marketing.
* CAN-SPAM Act of 2003 (15 U.S.C. §§ 7701–7713): Prohibiting misleading email marketing practices.
* Michigan Consumer Protection Act (MCL § 445.903): Addressing deceptive trade practices.
16.2 Penalties for Noncompliance
Noncompliance with these laws may result in:
* Termination of access to the Course.
Reporting to relevant authorities for potential civil or criminal penalties under 15 U.S.C. § 45.
17. Third-Party Services and Links
17.1 Disclaimer of Liability
The Company is not responsible for any content, services, or practices of third-party websites linked within the Course or on its website. Users engage with such third-party entities at their own risk, consistent with Restatement (Third) of Agency § 7.03.
17.2 Encouragement of Due Diligence
Users are encouraged to review and understand the terms, policies, and practices of third-party services before engaging.
18. Entire Agreement
18.1 Integration Clause
This Disclaimer, together with the Privacy Policy and Terms and Conditions, constitutes the entire agreement between the user and the Company, superseding all prior agreements, representations, or understandings. This clause is aligned with UCC § 2-209 (Modification and Waiver).
18.2 Written Amendments Only
Amendments to this Disclaimer must be made in writing and agreed to by both parties to ensure legal enforceability under Restatement (Second) of Contracts § 89.
Contact Information
For inquiries or assistance, contact us via
Email: fae@faejohnson.com
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