The following Terms and Conditions are entered into by and between You (“Client” or “You”) and “Come Along With Pong” (“Company”, “we”, or “us”).
Your access to and use of www.comealongwithpong.com “Website” is conditioned to you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference. These terms apply to all visitors, users and others who access or use the “Website”.
Nature of the Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to use the “Website”, which provides education and information. The information contained in the ”Website”, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
Ownership of All Intellectual Property
All content use in the “Website”, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the “Website”, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the “Website” are the trademarks of their respective owners.
Using the “Website” does not result in a transfer of any intellectual property to you, and, as a condition of suing the “Website”, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted use, non-exclusive, non-transferable, revocable license to access and use of “Website” content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the ”Website”.
The Company content is not for resale. Your use of the “Website”, does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
By using the “Website”, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the “Website” or not. The Company provides educational and informational resources that are intended to help participants in the “Website” succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles included in the “Website” are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the “Website”. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the “Website”.
Materials Provided By You on the “Website”
The Company does not claim ownership of the information or materials You may provide during the “Website” (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the “Website” – in the “Website” and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
The Company makes no warranties regarding the performance or operation of the “Website”, including any technological aspects of the “Website”. The Company further makes no representations or warranties of any kind express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the “Website”. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the “Website” and/or any information and resources contained in the “Website”. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the “Website”.
The information, software, products, and service included or available through the “Website” may include inaccuracies or typographical errors. Changes are periodically added to the information in the “Website”. The Company and/or its suppliers may make improvements and/or changes in the “Website” at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the “Website” for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the “Website”, with the delay or inability to use the “Website” or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the “Website”, or otherwise arising out of the use of the “Website”, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the “Website” or any portion of it, your sole and exclusive remedy is to discontinue using the “Website”.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the “Website”, the Company, any and all contracts you enter into with the Company and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Danville, CA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the “Website” and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or Websites.
Come Along With Pong
PO Box 2352
Danville, CA 94526
Last Updated: July 4, 2022