Terms of Use and Service

22 Dec Terms of Use and Service

Terms of Use and Service: User Agreement

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Effective Date: This Terms of Use and Sales Agreement (the Agreement) was last updated on January 16, 2021.

This Terms of Use and Service Agreement set forth the standards of use of 100DaysofTrailhead’s products, software, services and websites; hereinafter call the Site, which is owned by Jessica Murphy and Rachel Watson of 3961 E. Chandler Blvd, #111-174, Phoenix, AZ 85048. By using the Site, you agree to these terms and conditions. Your use and continued use of the Site is strictly governed by the terms of these terms of use.

If you do not agree to the terms and conditions of these terms of use, you should immediately cease all usage of this Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of these terms of use without prior notice. Modifications shall become effective immediately upon being posted at 100DaysofTrailhead, 100DaysofTrailhead.com, login.100daysoftrailhead.com, 100DaysofTrailhead videos, 100DaysofTrailhead Youtube channel, other encompassed entities, or any other subdomain or derivative URL and related software and services. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, these terms of use may not be amended.

Electronic Agreement – This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and your subscriptions in the Services. By accessing this Site or becoming a Member, the User consents to have this Agreement provided to the User in electronic form. By visiting and using this website, you accept and agree to be bound by this Terms of Use and Service along with our Privacy Policy and Disclaimer. Your continued use of the website constitutes your acceptance of this agreement and future changes and updates to this Terms of Service. You must not access or use this Site if you do not wish to be bound by this Terms of Use and Service.

THE USERS ACCEPTANCE OF THIS AGREEMENT

THIS AGREEMENT – THE FOLLOWING NOTICES, TERMS, CONDITIONS AND POLICIES – (which incorporates by reference other provisions contained in any other products or services agreement(s) executed and in effect between the parties and are applicable to the use of this site) GOVERNS THE USE OF THIS SITE, ITS CONTENTS, ANY PRODUCTS OR SERVICES AVAILABLE ON OR CERTAIN SPECIFIC MATERIAL CONTAINED IN THIS SITE, AND SETS FORTH THE TERMS AND CONDITIONS THAT APPLY TO USE OF THIS SITE BY USER. ANY INCONSISTENCIES BETWEEN THE TERMS OF THIS AGREEMENT AND THOSE PROVISIONS CONTAINED IN ANY OTHER PRODUCTS OR SERVICES AGREEMENT(S) EXECUTED AND IN EFFECT BETWEEN THE PARTIES, THEN THE TERMS OF SUCH PRODUCTS OR SERVICES AGREEMENT(S) SHALL TAKE PRECEDENCE IN RELATION TO THIS AGREEMENT.

1. Definitions.
A. A User is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms you and your refer to you, as a User of the Site. The terms we, us, our, 100DaysofTrailhead, 100DaysofTrailhead.com, login.100daysoftrailhead.com, 100DaysofTrailhead videos, 100DaysofTrailhead Youtube channel, other encompassed entities, or any other subdomain or derivative URL and related software and services refer to 100DaysofTrailhead.
B. Content means text, images, photos, audio, video, and all other forms of data or communication. Your Content means Content that you submit or transmit to or through the Site, such as any information that you display as part of your right to access this Site. User Content means Content that Users submit or transmit to or through the Site. 100DaysofTrailhead.com Content means Content that we create and make available on the Site. Third Party Content means Content that is made available on the Site by parties other than 100DaysofTrailhead, Jessica Murphy or Rachel Watson or its Users, such as data providers who license data to 100DaysofTrailhead, Jessica Murphy or Rachel Watson for use on the Site. Site Content means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and 100DaysofTrailhead, Jessica Murphy or Rachel Watson Content.
2. Eligibility.
You must be at least 18 years old and a resident of the United States. All others are prohibited from using the Site. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise).
We make no representation that content on 100DaysofTrailhead.com is appropriate or available for use in locations outside the United States. If the User chooses to access 100DaysofTrailhead.com from a location outside the United States, the User does so on the User’s own initiative and the User is responsible for compliance with local laws.
3. Changes to the Terms of Service.
We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.
4. User Accounts.
To use some of the features on the Site, you may be required to create an account and provide information about yourself to us. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

The User must register on 100DaysofTrailhead.com in order to use certain functions of the Site, such as our app. If the User just wants to browse 100DaysofTrailhead.com, registration is optional. During registration, the User will be required to provide contact information, consisting of an email address, Username and password. The Username will be the email address with which the User will register. The User may, but are not obligated to, use the User’s own name. If the User does use the User’s own name, the User consents to it being passed to others by use of certain of the functions of 100DaysofTrailhead and the Site such as our app. 100DaysofTrailhead reserves the right to reject or remove any Username or Display Name. For certain of our functions, such as the purchase of products and services, the User is required to provide the User’s name, address and billing and credit card information. The User is required to provide accurate and complete information.

There are two types of accounts:
A. A Personal Account is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple Personal Accounts.
B. A “Business Account” is an account to be used solely for the purpose of representing your business on the Site. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent, including a photo of yourself to be displayed in connection with your Business Account. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.
5. Use of the Site.
We grant you permission to use the Site subject to the restrictions in these Terms of Service. In using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.100DaysofTrailhead.com does not endorse such Content, and cannot vouch for its accuracy.
6. Restrictions on Use.
You agree that you will not, and will not assist or enable others to:
A. Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User’s use of the Site;
B. Use the Site to submit or transmit spam, violate CAN-SPAM laws,chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
C. Use the Site for promotional or commercial purposes, except as expressly allowed in writing by 100DaysofTrailhead.com;
D. Use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
E. Use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
F. Use the Site to promote bigotry or discrimination against protected classes;
G. Use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right;
H. Use the Site to submit or transmit illegal content such as pornography/ sexually explicit content;
I. Use the Site to sell illegal goods or services;
J. Use the Site to solicit personal information from minors;
K. Use the Site or to harm or threaten to cause harm to any person or organization;
L. Use the Site in violation of the Terms of Service or any applicable law;
M. Modify, adapt, appropriate, reproduce, distribute, translate, or create derivative works or publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by 100DaysofTrailhead.com;
N. Reverse engineer any portion of the Site:
O. Remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site
P. Record, process, or mine information about other Users;
Q. Use site search/retrieval application, process or means to access, retrieve, scrape, or index the Site or any Site Content;
R. Access, retrieve or index the Site to for purposes of constructing or populating a searchable database of business reviews;
S. Reformat or frame any portion of the Site;
T. Take any action that imposes, or may impose an unreasonable or disproportionately large load on the technology infrastructure on 100DaysofTrailhead.com;
U. Attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
V. Unauthorized access and attempts to defeat or circumvent security features, to use 100DaysofTrailhead.com for other than intended purposes, to deny service to the Site’s Users, to access, obtain, alter, damage, or destroy information, or otherwise to interfere with the Site or its operation is prohibited and all violators are subject to criminal and civil penalties and will be prosecuted to the fullest extent of the law, including criminal and civil prosecution. All traffic is logged and monitored for potential abuse. Evidence of such acts will be disclosed to law enforcement authorities, and be used for the purposes of criminal and civil prosecution.
W. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, Viruses); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use of Site Content, or features that enforce limitations on the use of the Site.
X. Use the Site for other information that we find, in our sole discretion, hurt our reputation or our deliverability
7. Permission to Use Your Content.
We may use Your Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into other works, promoting it, distributing it, and allowing others to do the same in connection with their own websites. As such, you irrevocably grant us permission to use Your Content for any such purpose. You also irrevocably grant the Site’s Users and the Users of any websites the right to access Your Content in connection with their use of the Site and any website. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of intellectual or creative rights or attribution with respect to Your Content.
8. Responsibility for Your Content.
You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by 100DaysofTrailhead.com.
9. You understand and acknowledge that you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
10. Use of Content.
We may remove or reinstate User Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
11. 100DaysofTrailhead.com and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and other websites. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
12. Declaration of Website Owner of Copyrights, Trademarks and Patents
The content included on this website, such as text, graphics, logos, icons, images, audio clips and software, is the exclusive property of Jessica Murphy and Rachel Watson and protected by U.S. and international copyright laws. Any software used on this site is the property of Jessica Murphy and Rachel Watson, one of its Users or its software suppliers and protected by U.S. and international copyright laws. The content and software on the Site may be used as a learning resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site is strictly prohibited.
13. 100DaysofTrailhead.com is a registered trademark of Jessica Murphy and Rachel Watson in the United States. 100DaysofTrailhead.com trademarks may not be used in connection with any product or service that does not belong to Jessica Murphy and Rachel Watson, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Jessica Murphy and Rachel Watson.
14. Notice and Procedure for Making Claims of Copyright – If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 100DaysofTrailhead.com the written information specified below. Please note that this procedure is exclusively for notifying 100DaysofTrailhead.com is and its affiliates that you believe your copyrighted material has been infringed.
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
B. A description of the copyrighted work that you claim has been infringed upon;
C. A description of where the material that you claim is infringing is located on the site;
D. Your address, telephone number, and e-mail address;
E. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
F. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
15. Notification of Claimed Copyright Infringement:


Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, 100DaysofTrailhead.com designates the following individual as its agent for receipt of notifications of claimed trademark and/or copyright infringement.

By Mail: Rachel Watson, 3961 E. Chandler Blvd #111-174, Phoenix, AZ 85048, (480) 304-1118
By email: https://100daysoftrailhead.com/contact/
16. Site Availability.
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
17. Unauthorized Access.
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
18. Investigations.
We are under no obligation to monitor the Site or Site Content. However, we reserve the right to investigate possible violations of the Terms of Service, block Users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including Your Content, in accordance with the privacy policy posted here.
19. Feedback.
A. Dissatisfaction. If you are dissatisfied with the Site, please provide feedback through our contacts page here. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of Jessica Murphy and/or Rachel Watson in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Service and your account.
B. Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (Feedback), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
20. Termination.
A. We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
B. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providinghttps://100daysoftrailhead.com/contact/ with a notice of termination at https://100daysoftrailhead.com/contact/. If you close your account, we will use commercially reasonable efforts to stop displaying your account profile on the Site, but may continue to display Your Content where it implicates other Users (e.g., compliments that you have sent to other Users and comments that you have posted to the Site).
21. Ownership.
A. Jessica Murphy and Rachel Watson own the Site, copyrighted material, trademarks and other proprietary information, including but not limited to visual and interactive features, graphics, design, compilations, computer codes, products, software, text, software, photos, video, graphics, music and sound, and the entire contents of 100DaysofTrailhead.com and all other elements and components of the Site excluding User Content and Third Party Content are copyrighted as a collective work under the United States copyright laws. 100DaysofTrailhead owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of 100DaysofTrailhead and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
B. User shall not upload, post or otherwise make available on 100DaysofTrailhead.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this Site User automatically grants, or warrants that the owner of such material has expressly granted 100DaysofTrailhead the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. also permits any other User to access, view, store, or reproduce the material for that User’s personal use. User hereby grants 100DaysofTrailhead the right to edit, copy, publish and distribute any material made available on 100DaysofTrailhead.com by User.
C. The foregoing provisions are for the benefit of 100DaysofTrailhead, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
22. Warranties, Disclaimers, and Limitations of Liability.
The User understands, acknowledges and agrees that the User is solely responsible for creation, storage, and backup of your business and/or personal records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on 100DaysofTrailhead’s part to store, backup, retain, or grant access to any information or data for any period.
100DaysofTrailhead has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.
A. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN AS IS BASIS. JESSICA MURPHY AND RACHEL WATSON MAKE NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. JESSICA MURPHY AND RACHEL WATSON FURTHER DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM JESSICA MURPHY AND/OR RACHEL WATSON OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
B. JESSICA MURPHY AND RACHEL WATSON DISCLAIM ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF JESSICA MURPHY AND/OR RACHEL WATSON OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
C. JESSICA MURPHY AND RACHEL WATSON FURTHER DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
D. JESSICA MURPHY AND RACHEL WATSON ALSO DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH JESSICA MURPHY AND/OR RACHEL WATSON RESERVE THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO JESSICA MURPHY AND/OR RACHEL WATSON IN CONNECTION WITH THE SITE IN THE 36 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) $100.00.
23. Indemnity.
You agree to indemnify and hold Jessica Murphy, Rachel Watson, 100DaysofTrailhead, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Jessica Murphy and/or Rachel Watson reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Jessica Murphy and/or Rachel Watson. Jessica Murphy and/or Rachel Watson will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
24. Third Parties.
The Site may include links to other websites( a Third Party Site). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.
25. No Waiver.
The failure of either party to abide by these terms of use or to insist upon the performance of any of the terms and conditions of these terms of use, or the waiver of any breach of any of the terms and conditions of these terms of use, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
26. Governing Law.
These terms of use shall be governed by, construed, and enforced in accordance with the laws of the State of Arizona.
27. Notices.
Any notice provided for or concerning These terms of use shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of these terms of use.
28. Mandatory Arbitration.
Any dispute under these terms of use shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
29. Entire Agreement.
These terms of use shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of these terms of use shall not be binding upon either party except to the extent incorporated in these terms of use.
30. Modification of Agreement.
Any modification of these terms of use or additional obligation assumed by either party in connection with these terms of use shall be binding only if placed in writing and signed by each party or an authorized representative of each party.
31. Assignment of Rights.
The rights of each party under these terms of use are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.
32. Promotions.
100DaysofTrailhead.com may contain or offer sweepstakes, contests, promotions or other similar features, which may be subject to a separate set of rules that describe the contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.
32. Acceptance of Terms: Additional Terms and Conditions for the Site.
When the User registers for or purchase 100DaysofTrailhead.com’s services, the User may be required to agree to one or more End-User License Agreements (or “EULAs”) which may include additional terms. The User will be bound by any EULA that the User agrees to.

GENERAL PROVISIONS

33. Headings.
Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.
34. Waiver.
The failure of any party to insist on or enforce strict performance of any provision of this Agreement or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect. Waiver by either party of a breach of any provision contained herein must be in writing, and no such waiver will be construed as a waiver of any other and/or succeeding breach of such provision or a waiver of the provision itself; otherwise, no resulting waiver, that are not made in writing, by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
35. Notices and Communications.
A. Communications from 100DaysofTrailhead to the User – Unless the User otherwise indicate in writing to Customer Support, 100DaysofTrailhead and Affiliates will communicate with the User by email or by posting communications on the Site. The User consents to receive communications from 100DaysofTrailhead electronically and the User agrees that these electronic communications satisfy any legal requirement that such communications be in writing. The User will be considered to have received a communication when 100DaysofTrailhead sends it to the email address the User has provided to 100DaysofTrailhead on the Site, or when 100DaysofTrailhead posts such communication on the Site. The User must keep the User’s email address updated on this Site, and the User must regularly check this Site for postings. If the User fails to respond to an email message from 100DaysofTrailhead regarding violation, dispute or complaint within two Business Days, 100DaysofTrailhead has the right to terminate or suspend the User’s Job or the User’s Account.
B. Communications from the User to 100DaysofTrailhead – All notices to 100DaysofTrailhead or Affiliates intended to have a legal effect must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address. Such notices will not be deemed as accepted until 100DaysofTrailhead acknowledges receipt in writing.
100DaysofTrailhead, LLC, 3961 E. Chandler Blvd #111-174, Phoenix, AZ 85048 U.S.A., Attn: General Counsel.
36. Force Majeure.
Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of FIFTEEN (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
37. Termination of Use.
100DaysofTrailhead may, in its sole discretion, terminate or suspend the User’s access to all or part of 100DaysofTrailhead.com, for breach of the terms of this Agreement, or any conduct by the User which 100DaysofTrailhead, in its sole discretion, considers to be unacceptable. The terms of this Agreement will continue to apply in perpetuity until terminated by either the User or 100DaysofTrailhead without notice at any time for any reason. In the event this Agreement is terminated, the restrictions regarding the materials appearing on 100DaysofTrailhead.com, Affiliates, and any linked third-party website and the representations and warranties, indemnities, and limitation of liabilities set forth in this Agreement shall survive any such termination.
38. Term; Termination and Suspension.
A. This Agreement will become effective upon the User’s first visit to the Site and for the duration of the User’s visit or use of the Site. The terms of this Agreement will continue to apply in perpetuity until terminated. Unless both the User and 100DaysofTrailhead agree otherwise in writing, either party may terminate the contract represented by this Agreement in our sole discretion, at any time, without explanation, upon written notice. In the event the User properly terminates the contract represented by this Agreement, the User’s Account is automatically terminated and (i) 100DaysofTrailhead will continue to perform those services necessary to complete any open transaction between the User and another Member; and (ii) the User will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to 100DaysofTrailhead for any Site Services and to any Member and Member Services.
B. Without limiting 100DaysofTrailhead’s other remedies, 100DaysofTrailhead may issue a warning, or temporarily suspend, indefinitely suspend or terminate the User’s access, Account or a Job, and refuse to provide any or all Site Services to the User if: (a) the User breaches the letter or spirit of any terms and conditions of this Agreement; (b) 100DaysofTrailhead suspects or becomes aware that the User has provided false or misleading information to 100DaysofTrailhead; or (c) 100DaysofTrailhead believes in its sole discretion that the User’ actions may cause legal liability for the User, other Users, Members, Clients or for 100DaysofTrailhead or are contrary to the interests of the Site or the 100DaysofTrailhead user community. Once indefinitely suspended or terminated, the User must not continue to use the Site under the same Account, a different Account, or reregister under a new Account.
C. Without limiting 100DaysofTrailhead’s other remedies, if the User engage in actions or activities that circumvent the 100DaysofTrailhead Site or otherwise reduce fees owed 100DaysofTrailhead under this Agreement, the User must pay 100DaysofTrailhead for all fees owed to 100DaysofTrailhead and reimburse 100DaysofTrailhead for all losses and costs (including any and all 100DaysofTrailhead employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
D. 100DaysofTrailhead will notify the User if 100DaysofTrailhead cancels the User’s Account, unless in our judgment giving notice would cause a risk of further violation or damages. However, 100DaysofTrailhead will notify the User that the User’s Account will be canceled if the law requires such notification. The User’s acknowledges and agrees that the value, reputation and goodwill of the Site depend on transparency of Member Account status to all Members, including \the Clients and other Members who are participating in Jobs with the User. The User therefore agree as follows: IF 100DaysofTrailhead SUSPENDS OR TERMINATES THE USER’S ACCOUNT OR JOB, 100DaysofTrailhead HAS THE RIGHT BUT NOT THE OBLIGATION TO (1) NOTIFY OTHER MEMBERS ENGAGED IN ACTIVE JOBS WITH THE USER TO INFORM THEM OF THE USER’S SUSPENDED OR TERMINATED ACCOUNT OR JOB STATUS, AND (2) PROVIDE THEM WITH SUMMARY REASONS FOR THE ACTION.
E. When the User’s Account is terminated for any reason, the User will no longer have access to data, messages, files and other material the User keeps on the Site. If practicable, 100DaysofTrailhead will retain this information along with all your previous posts and proposals for a period of one year from the date of termination, to give the User ample time to institute an appeal our decision. If the User appeals our decision through that process within one year, 100DaysofTrailhead will retain the User’s information until such dispute is resolved. If the User fails to appeal 100DaysofTrailhead’s decision within one year, 100DaysofTrailhead may delete the User’s information including data, messages, files and other material the User keep on the Site.

PRIVACY STATEMENT OF OWNER OF WEBSITE

When accessing our Site, Jessica Murphy and/or Rachel Watson will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site.
39. If you visit our site to read or download information on our pages, we collect and store only the following information about you:

1. The name of the domain from which you access the Internet;

2. The date and time you access our Site; and

3. The Internet address of the Website you used to link directly to our Site.

If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message.
40. The information collected is for statistical purposes. Jessica Murphy and Rachel Watson use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
41. For site security purposes and to ensure that this service remains available to all Users, Jessica Murphy and Rachel Watson use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
42. Jessica Murphy and Rachel Watson will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the User at the time of collection.

Privacy: Data Protection

43. In order to provide quality services to you, we collect certain personal about you, including but not limited to the User’s name, address, telephone numbers, and in some cases (where our service is co-branded with a credit card partner) credit card information. Our Site also includes some use of cookies and similar automated techniques to collect information which is important to enhance and personalize the User’s experience as a 100DaysofTrailhead.com customer. Our information practices are subject to 100DaysofTrailhead’s ‘Privacy Policy’ (most recent version can be found on the following page https://100daysoftrailhead.com/privacy-statement/). The information the User submits when opening an 100DaysofTrailhead account and when the User transacts business via the 100DaysofTrailhead website may be transferred to, stored in and/or processed in the United States or any other country when such transfer, storage and/or processing are necessary to provide 100DaysofTrailhead services to you. By opening a 100DaysofTrailhead account, the User consents to the transfer, storage and/or processing of that information in such countries. If the User objects to the User’s information being transferred, stored or processed in this manner, or if the User objects to the use of cookies or to our Privacy Policy, please do not use 100DaysofTrailhead services.

ENTIRE AGREEMENT: SEVERABILITY AND INTEGRATION

44. This Agreement and any supplemental terms, policies, rules and guidelines posted on 100DaysofTrailhead.com constitutes the entire agreement between the User and 100DaysofTrailhead and supersede all previous written or oral agreements. The User may be subject to additional terms and conditions when the User uses, purchases, or accesses other services, Affiliate services or third-party content or material. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire Agreement between the User and 100DaysofTrailhead concerning the use by the User of 100DaysofTrailhead.com, the Content, and Affiliates.

Any rights not expressly granted herein are reserved.
Latest Revision Date: 1/16/2021
Copyright 2021 100DaysofTrailhead, LLC | All Rights Reserved.