These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Chivo Systems LLC (“we,” “us,” “our,” or “the Company”), governing your access to and use of our website, online courses, digital products, and any other services or offerings provided by us (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using the Services.
1. Acceptance of Terms
By accessing, using, or registering for our Services, you acknowledge that you have read, understood, and agree to comply with these Terms, as well as any other applicable guidelines, policies, or rules referenced herein or made available through the Services. We reserve the right to modify these Terms at any time, and such modifications shall become effective immediately upon posting. It is your responsibility to review these Terms periodically to ensure your continued compliance. Your continued use of the Services after any modifications to these Terms constitutes your acceptance of the revised Terms.
2. Eligibility
The Services are intended for users who are 18 years of age or older. By using the Services, you represent and warrant that you meet the eligibility requirements set forth in these Terms. If you are using the Services on behalf of a business, entity, or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and that the entity agrees to be bound by these Terms.
3. License to Use Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes. This license is provided solely for your own use and may not be assigned, sublicensed, or otherwise transferred to any other person or entity without our prior written consent.
You agree not to:
Reproduce, distribute, modify, create derivative works of, publicly display, perform, or otherwise exploit any content made available through the Services without our express written permission.
Circumvent, disable, or interfere with any security-related features of the Services, or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services.
Use the Services in any manner that violates any applicable law, regulation, or legal obligation, or infringes upon the rights of any third party.
4. User Accounts and Responsibilities
In order to access certain features of the Services, you may be required to create a user account. You agree to provide accurate and complete information when creating your account and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right, in our sole discretion, to suspend, restrict, or terminate your access to the Services at any time and for any reason, including but not limited to your violation of these Terms, without notice or liability to you.
5. Fees and Payment
Certain aspects of the Services, including but not limited to online courses or digital products, may require payment of fees. All fees are due and payable at the time of purchase, unless otherwise stated. You agree to provide valid and current payment information and to promptly pay all fees and charges incurred through your use of the Services. We reserve the right to modify pricing, fees, or other payment terms at any time. All payments are non-refundable, except as otherwise stated in our Refund Policy.
6. Intellectual Property Rights
All content, materials, and intellectual property provided through the Services, including but not limited to text, graphics, images, videos, audio, software, designs, and trademarks, are owned by or licensed to us and are protected by copyright, trademark, and other applicable laws. You acknowledge and agree that you do not acquire any ownership rights in such content or materials through your use of the Services.
Any unauthorized use of the content or materials provided through the Services may violate applicable intellectual property laws and could result in legal action. You agree to comply with all applicable intellectual property laws and not to use, reproduce, modify, or distribute any content or materials without obtaining our express written permission.
7. Data Collection and Use
By using our Services, you acknowledge and agree that we may collect, use, and disclose data regarding your use of the Services as set forth in our Privacy Policy. This includes data related to site usage, course engagement, and interactions with our products, which may be used to improve our offerings or shared with our business partners for analytical or commercial purposes. You acknowledge that we have the right to collect and use such data at our sole discretion, and you agree that no compensation or acknowledgment is owed to you for any such data collection or use.
8. Third-Party Services and Links
Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by us. We are not responsible for the content, privacy practices, or terms of use of any third-party websites or services. By using our Services, you acknowledge and agree that we are not liable for any damages or losses arising from your use of, or reliance on, any third-party content, services, or resources. Your interactions with third-party websites or services are solely between you and the third party, and we encourage you to review their respective privacy policies and terms of use before using them.
9. Termination of Service
We reserve the right to terminate, suspend, or modify the Services, in whole or in part, at any time, with or without notice, and without liability to you. We may also terminate your access to the Services, in our sole discretion, if we believe that you have violated these Terms, engaged in fraudulent, unlawful, or harmful behavior, or interfered with the proper functioning of the Services.
Upon termination, your right to use the Services will immediately cease, and you must destroy any copies of content or materials obtained through the Services in your possession.
10. Disclaimer of Warranties
The Services are provided on an “as-is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no representations or warranties that the Services will be uninterrupted, error-free, or free from harmful components, nor do we guarantee the accuracy, completeness, or reliability of any content provided through the Services.
You understand and agree that your use of the Services is at your own risk and that you are solely responsible for any damage to your device, loss of data, or other harm resulting from your use of the Services.
11. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, loss of data, or business interruption, arising out of or in connection with your use of the Services or these Terms, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
In no event shall our total liability to you for any and all claims arising from or related to the use of the Services exceed the amount you have paid to us, if any, for access to the Services during the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Chivo Systems LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your violation of these Terms, or your infringement of any third-party rights.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the use of the Services shall be resolved through binding arbitration in accordance with the rules of the [Arbitration Association], and any arbitration shall be conducted in [Location]. You hereby waive any right to a trial by jury or to participate in any class action lawsuit related to the Services or these Terms.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, while still preserving the original intent of the provision.
15. Entire Agreement
These Terms, along with our Privacy Policy and any other applicable policies or guidelines, constitute the entire agreement between you and us with respect to your use of the Services and supersede any prior or contemporaneous agreements, understandings, or representations, whether written or oral.
16. Contact Information
If you have any questions or concerns regarding these Terms, please visit our Contact Us page to reach out to us.