Last Updated: November 15, 2018
The terms “Cyber Misfits” or “Provider” or “us” or “we” refer to the owner of the Site, Cyber Misfits LLC, a South Carolina limited liability company, whose business office is 126 Neff Street, PMB 368, Wahaiwa, HI 96786. The term “you” or “user” refers to the user or viewer of our Site.
Cyber Misfits offers training, coaching, webinars, and consultation services for workplace performance to individuals.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THIS SITE OR PURCHASE PRODUCTS OR SERVICES FROM THIS SITE AND MUST TERMINATE USE IMMEDIATELY.
- The content of the pages of the Site is for your general information and use only. It is subject to change without notice.
- The Site, and any content viewed through the Site, are solely for your personal and non-commercial use. With your purchase of products or services from the Site, we grant you a limited, non-exclusive, non-transferable, license to access the Cyber Misfits content and view your course(s) through the Site on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
- Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Site meet your specific requirements.
- The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or websites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, reverse engineering, creating derivative works or using any content available on or through the Site for commercial or public purposes. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.
- If you are not satisfied with the products or services purchased from the Site, then a refund might be available to you. Click here to view full details on our refund and return We reserve the right to accept or reject any returns. Please contact us for details or questions via email or call us at (803) 814-3972. Products must be returned in new, resalable condition and in original packaging.
- Provider assumes no liability for any variances in color or size. Provider reserves the right to make substitutions for any products or services offered on the Site. All prices for products or services listed on the Site are subject to change without notice. Dates and times are subject to change in Provider’s sole discretion.
- You are responsible for the accuracy of the shipping information provided at checkout. Any costs incurred due to inaccurate shipping information shall be your responsibility and Provider shall not be liable for any charges or damages incurred as a result. Actual shipping charges may vary. Shipping and delivery times listed on the Site and during the checkout process are estimations only and are out of Provider’s control. By submitting your order, you acknowledge and agree that Provider is not responsible for any delays or delivery issues.
- Provider only collects sales taxes on orders shipped to Hawaii based on the current taxable rate. You will be responsible for determining and remitting the sales tax on orders shipped to other states.
- Provider makes arrangements with retailers, providers, manufacturers, shipping companies, and other independent parties (“Third Party Suppliers”) to provide you with the products and services. Third Party Suppliers may engage the services of local operators and/or subcontractors at their discretion. Provider does take reasonable care in selecting Third Party Suppliers; however, Provider is unable to control Third Party Suppliers and is not responsible for any acts or omissions committed by Third Party suppliers and/or their subcontractors. All products and services are subject to the laws of the jurisdiction in which they are provided. PROVIDER IS NOT LIABLE FOR THE ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, OF THIRD PARTY SUPPLIERS OR ANY INDEPENDENT CONTRACTORS.
- Neither Provider, its affiliates and any of their respective owners, members, officers, directors, employees, or agents, own or operate any Third Party Suppliers which provide products or services. Provider does not maintain control or operate the personnel, equipment, or operations of these Third Party Suppliers and as such Provider assumes no responsibility for and cannot be held liable for any personal injury, death, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of: (1) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any of the Third Party Suppliers or their employees or agents; (2) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these Third Party Suppliers; or (3) any wrongful, willful or negligent act or omission on the part of any other party not under the supervision and control of Provider.
- You are solely responsible for the content you publish or display on or through the Site, or transmit to other users via the Site (collectively, “User Content”). By publishing or transmitting User Content on the Site, you agree that the User Content is free from viruses. Provider assumes no liability for User Content uploaded by Site users.Cyber Misfits does not review User Content posted to or created by Site users, and is not in any manner responsible for these communications and materials. Cyber Misfits does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted or transmitted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by or information received from other users will be at your own risk.You acknowledge that by providing you with the ability to view and distribute User Content on the Site, Cyber Misfits is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities on the Site.
- If you choose to correspond, participate in services, or engage in transactions with any users found on or through the Site, you acknowledge and agree that Cyber Misfits is not a party to, and will not be responsible for, your interaction with such user, including the terms and conditions applicable to any transaction between you and the other user. The terms of your interaction with any user are solely between you and such user. You agree that Cyber Misfits will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such user on the Site.
- By purchasing products or services from the Site, you are solely responsible for complying with any local, state or federal law. Provider is not responsible for ensuring correct use of the products or services. You are responsible for obtaining any required licenses and/or permits as required by law. You agree to indemnify and hold Provider harmless from and against any claims, loss, liability, demand, suit, damage, or expense made against us relating to your use of the products or services.
- You will not act in a vulgar, disrespectful, or illegal way while using the Site or interacting with any users or third parties known to you as a result of using the Site. Provider reserves the right to refuse service, terminate your account, cancel any pending orders, and report your actions to the appropriate authority.Provider shall not refund any monies paid for the product or services due to your behavior.
- You agree that the use of the Site is entirely at your own risk, and you waive any claims and actions against Cyber Misfits and any and all persons and entities responsible for the existence and provision of this Site. This includes, but is not limited to, any and all equitable claims and any and all claims for: actual damages; statutory damages; punitive damages; liquidated damages; special damages; nominal damages; costs; fees; attorneys’ fees; and reimbursements.ALL STATEMENTS CONCERNING COACHING, MENTORING,OR WORKPLACE PERFORMANCE ARE INFORMATIONAL ONLY. IT IS YOUR RESPONSIBILITY TO EVALUATE AND VERIFY THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PRODUCT, SERVICE, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
- This Site provides links to other websites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a Linked Site. The fact that Provider has provided a link to a Linked Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
- Provider does not endorse and is not responsible for: (a) the accuracy or reliability of an opinion, advice, or statement made through the Site by any party other than Provider; (b) any content provided on Linked Sites; (c) any content provided on a blog; or (d) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a Linked Site, or your reliance on any product or service obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
- ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A SITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PROVIDER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROVIDER IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, IN NO EVENT SHALL PROVIDER BE LIABLE FOR DAMAGES OR LOSSES EXCEEDING THE AMOUNT, IF ANY, PAID BY THE USER FOR PRODUCTS OR SERVICES OR $100.00, WHICHEVER IS LESS.
- The information, software, products, and descriptions of services published on the Site or a Linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content of the Site at any time without notice. Provider may make improvements or changes to the Site at any time.
- You agree that Provider, its affiliates and any of their respective owners, members, officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service, or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a Linked Site, or for the use of any images, photos, graphics, videos, blogs, information, or other materials provided by you, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, any force majeure, or any intellectual property infringement or similar claims. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
- It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your username and password. You agree to immediately notify Provider of any unauthorized uses of your username and password or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
- Your use of the Site and any dispute arising out of such use of the Site is subject to the laws of the State of Hawaii,United States of America and applicable federal law without regard to conflicts of laws principles. You agree that any dispute arising from the use of this Sit shall be submitted to binding arbitration in accordance with the expedited Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appoint in accordance with said rules. The seat of arbitration shall be Honolulu, Honolulu County, Hawaii.Judgment upon any award rendered in any such arbitration may be entered in a court of competent jurisdiction. This Section shall not limit either party’s right to obtain any provisional or equitable remedy, including, without limitation, injunctive relief, from any court of competent jurisdiction, as may be necessary in the sole judgment of such Party to protect its rights hereunder.