Terms of Use

Introduction

Welcome to www.rolecallprep.com, the Internet site (“Site”) of Jeffrey & Horne, LLC (“Company” or “we” “our” or “us”). This Site is published and maintained by us. Your access to and use of this Site, whether as a guest or registered user, is subject to the following terms and conditions (“Terms of Use”). When you access, browse, or use this Site or click to accept or agree to the Terms of Use if and when such an option is made available to you, you accept, without limitation or qualification, the Terms of Use and our Privacy Policy, which is incorporated by reference. If you do not agree with the Terms of Use, please do not use this Site. For good and valuable considerations, the receipt and sufficiency of which are acknowledged, we both agree to the terms and conditions set forth herein.

YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SITE, AND 18 YEARS OLD TO ENTER INTO THIS AGREEMENT. IF YOU ARE UNDER 18 YEARS OLD, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND ENTER INTO THIS AGREEMENT ON YOUR BEHALF.

We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use at any time, without notice or obligation. As such, please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of changes to the Terms of Use will mean that you accept the changes.

Your Right to Use the Site and Site Content

Company grants you a non-exclusive, non-transferable, right to enter, display, and use this Site to view the information provided and to order the products and services offered by Company and its partners. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner.

Unless otherwise stated, this Site, including without limitation any courses, videos, webinars or any other content made available for purchase or without charge (“Site Content”), including, but not limited to, the text, videos, graphics and images contained on the Site and their arrangement are the property of Company and/or third party licensors, and are protected by copyright and other laws protecting intellectual property and other proprietary rights. (Please note that while the terms Site and Site Content may appear in the Terms of Use together, when either term appears in the Terms of Use without the other, either term shall mean both Site and Site Content.) All trademarks, service marks, and trade names are proprietary and the property of their respective owners including, but not limited to, the Company name, its logos, and the trademark, ROLE CALL PREP. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

No portion of this Site, including text, images, audio, video or data may be copied, reproduced, republished, transmitted, uploaded, posted or distributed in any way without the prior written consent of Company, except that you may download, display, and print one copy of the Site Content provided in this Site on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright, trademark, and other proprietary notices, and (ii) you make no modifications whatsoever to the materials unless otherwise expressly permitted by us.

We may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site feature, or content. We may also impose limits on certain features and services or restrict your access (whether or not you are a registered user) to parts or the entire Site without notice or liability.

You acknowledge and agree that except as expressly provided in these Terms of Use, or as otherwise may be expressly permitted on specific Site Content, you shall not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, re-sell, re-distribute, enhance or in any way exploit any of the Site Content in any manner. You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use any robot, spider, or other automatic device, or manual process, to monitor or copy all or part of the Site or Site Content, without the prior written permission of Company.  You may not access or use the Site in any manner that could impair, damage or disable any Company computer system or network, or interfere with the proper working of any Company computer system or network. You may not gain, or attempt to gain, unauthorized access to any parts of the Site or any Company computer system or network.

Purchases/Registration

The Site may allow you to purchase products and/or services (collectively “Courses”), supplied by Company and its independent partners (“Partners”). We reserve the right to modify the price of any Courses offered at any time. Company is not responsible for any error in copy or images relating to Courses. Please note that all purchases are final and we do not offer refunds once a Course has been purchased. If you have technical difficulty accessing a purchased Course, please contact us and you may be eligible for a credit.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information (including email addresses). It is a condition of your use of the Site and any resources downloaded from the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you agree to treat such information as confidential, and you shall not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.


We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

ALL ORDERS ARE SUBJECT TO AVAILABILITY. COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF COMPANY AND ANY PARTNER, OR THIRD PARTY VENDOR, THE COURSES OFFERED BY COMPANY OR ITS PARTNERS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS TO OR INABILITY TO PURCHASE COURSES OR SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE COURSES OR ANY SERVICES PROVIDED HEREUNDER. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM YOU MAY HAVE AGAINST COMPANY RESULTING FROM YOUR USE OF THE SITE CONTENT.

Community Standards and Conduct Guidelines

You agree not to use this Site (including any community forums, interactive features, and live
sessions that may be offered on the Site (“Forums”)) to:

  • Upload, post, email or otherwise transmit any postings or other materials (“collectively “Postings”) that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
  • Harm minors in any way;
  • Impersonate any person or entity, including, but not limited to, a director, member, officer, employee, agent or representative of Company, the Site, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Company, the Site, our affiliates or any other person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Site;
  • Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”; “spam”; “chain letters”; “pyramid schemes”; or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
  • Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Forum (or other portion of this Site) are able to type, or otherwise act in a manner that negatively affects other users’ ability to use any Forum;
  • Interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
  • “Stalk”; or otherwise harass another user or employee of this Site; or
  • Collect or store personal data or attempt to collect or store personal data about other users of the Site

Your right to use this Site (including the Forums) and contribute to discussions on the Forums depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Site and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in, any Forum.


All Forum communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this Site (including any Forum) for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Forum. Although we reserve the right to remove, without notice, any Forum Posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.

Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or this Site information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials (including, but not limited to, posting, emailing, or otherwise transmitting Postings on any Forum or otherwise) (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. Except as provided in our Privacy Policy [https://www.rolecallprep.com/privacy-policy] none of the Submissions shall be subject to any obligation of confidentiality on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights")
that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose.

Disclaimer of Warranties and Damages; Limitation of Liability; Indemnity

YOUR USE OF THE SITE AND THE SITE CONTENT IS AT YOUR OWN SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SITE CONTENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE SITE CONTENT. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, COMPANY MAKES NO, AND SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY SITE CONTENT, SERVICE OR INFORMATION PROVIDED ON THE SITE OR OTHERWISE RELATING TO THESE TERMS OF USE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE MAKE NO WARRANTY THAT YOUR USE OF THE SITE OR ANY COURSE OR SERVICE OFFERED THROUGH THE SITE WILL GUARANTEE ADMISSION TO ANY COLLEGE OR OTHER EDUCATIONAL INSTITUTION OF ANY KIND.


IN NO EVENT WILL COMPANY OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RESULTING FROM LOSS OF PROFITS OR BUSINESS, OR RESULTING FROM ANY ERROR IN THE SITE CONTENT, OR RESULTING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE SITE CONTENT, ANY OTHER CONTENT OR SERVICE ACCESSED THROUGH THIS SITE OR LINKED SITES, OR ANY COPYING, DISPLAYING OR USE THEREOF, OR RESULTING FROM USE OR ANY UNAVAILABILITY OF THE SITE, OR RESULTING FROM HARM TO YOUR PERSON, HARM OR LOSS OF EQUIPMENT, SOFTWARE OR DATA, INCLUDING, BUT NOT LIMITED TO, ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS, OR RESULTING FROM ANY CLAIM AGAINST YOU BY A THIRD PARTY), WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT, EVEN IF WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The foregoing exclusions and limitations of liability and remedies will apply, to the fullest extent permitted by law, in all actions of any kind, whether based on contract, tort, or any other legal or equitable theory.  Each of these exclusions and limitations is intended to be separately enforceable, without regard to the other exclusions and limitations, and without regard to whether any other remedy under these Terms of Use fails of its essential purpose. 

You agree to indemnify and hold harmless Company, and its officers, members, directors, employees, agents, licensees and assigns, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of these Terms of Use or your use of the Site of the Site Content.

Links to or from this Site (“Linked Sites”) may exist. No judgment or warranty is made by Company with respect to Linked Sites or any of the information, services or products offered on the Linked Sites. Company disclaims any responsibility for the accuracy, content, or availability of information found on Linked Sites. Company does not imply, nor should you infer, any endorsement, association, sponsorship or affiliation with any Linked Sites or with any merchandise, products or services offered through such Linked Sites, unless specifically stated. Company neither operates nor has any control over the content or any other aspect of any Linked Sites, and is not responsible for the content of any off-site pages or any Linked Sites. If you decide to access linked third-party websites, you do so at your own risk.

Termination

The Terms of Use are effective until terminated by either party. Company may terminate your access to the Site immediately without notice from us if, in our sole discretion, you fail to comply with any term of condition of the Terms of Use. You may terminate your agreement with us immediately without notice to us, at any time by discontinuing your use of the Site, and any materials you have obtained from the Site. The sections of these Terms of Use which by their nature are designed to survive the expiration or termination of the Terms of Use shall survive the termination or expiration of these Terms of Use for any reason.

Applicable Law and Jurisdiction

The Site (excluding links) is controlled and operated from our facilities in and around the State of Vermont, U.S.A.  While we have made no effort to publish the Site elsewhere, because the Site is published on the Internet it is accessible in all fifty states and other countries.  As each of these places has laws that may differ from those of Vermont, and as you and we benefit from establishing a predictable legal environment in which to publish, access and use the Site, by accessing or using the Site you agree that all matters arising from or relating to the use and operation of the Site will be governed by the laws of the State of Vermont, without regard to its conflicts of laws principles.  You agree that all claims you may have arising from or relating to the operation or use of the Site will be heard and resolved exclusively in the state and federal courts of the State of Vermont.  You hereby consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts (including as to lack of proper jurisdiction or venue or inconvenience of forum).

General

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, will be struck, and will not affect the validity or enforceability of the remaining provisions.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Effective Date: November 1, 2020