Terms of service.
TERMS AND CONDITIONS OF SERVICE AGREEMENT
1. Applicability and Acceptance
(a) Greater Than LLC, a Minnesota limited liability company (the “Company” or “Greater>Than”) is the owner and operator of the website commonly known as greaterthan.courses (the “Website”).
(b) By using this Website or purchasing any design courses or services (the “Services”) on the Website, you agree to these Terms and Conditions of Service Agreement (the “Terms and Conditions”) and to our Privacy Policy posted on the Website. Please read them carefully before using this Website.
(c) The Company may modify the Terms and Conditions at any time for any reason. The Company will post any modifications to the Terms and Conditions by updating this page and will indicate a new revision date. If you continue to use the Website or Services after a modification has been made, you agree to such modification.
2. Intellectual Property Notice
(a) Company Intellectual Property. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof) are owned by the Company, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to you through this Website, or prepared by or on behalf of the Company in the course of performing the Services, (collectively, the “Deliverables”) except for Designs as described in 2(b) below shall be owned by the Company. The Company hereby grants you a limited license to use the Company’s Intellectual Property Rights contained in the Deliverables free of additional charge on a non-exclusive, non-transferable, non-sublicensable, fully paid-up, royalty-free and perpetual basis to the extent necessary to enable you to make reasonable use of the Deliverables and the Services during the term of the applicable Course (as defined below).
(b) Customer Intellectual Property. Any artwork, design, image, video, audio, or arrangement created by you as a result of purchasing any Services for sale by the Company on the Website (collectively, “Designs”) is subject to use by the Company in the following manner: (i) the Company shall have the right to showcase your Designs on the Website; and (ii) the Company shall have the limited right to use your Designs for future marketing; provided, however, the Company shall not retain any ownership rights over your Designs and the Company shall not have the right to sell any Designs to third-parties or otherwise use your Designs in any unauthorized manner.
3. Your Communications. Any communications made through the Website, the Company blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. The Company owns any and all communications displayed on this Website, our servers, comments, emails, or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated comments.
4. Service Scheduling. All Services by the Company will be performed at a mutually agreed upon location or by a video conferencing platform. Once any course or package for Services available on the Website (each, a “Course”) is purchased by you, you and the Company will set a defined schedule in accordance with which the Course Services will be provided. When purchasing a Course, you agree to the condition that each Course has an expiration date of one (1) year. Failure to set a defined schedule for a Course prior to the one (1) year expiration date will result in the Course lapsing. Scheduled Course sessions with the Company must be attended by you or will be deemed forfeited. After the schedule is defined between you and the Company, you may re-schedule one (1) session within the purchased Course. You must provide at least seven (7) days’ prior written notice to the Company of the need to reschedule a session. In the event you provide such notice, then the parties will attempt in good faith to reschedule the session within the next fourteen (14) calendar days. To the extent a Course is not prepaid in full, any session forfeited by you will be billed as if such session took place. Unless stated otherwise in writing, all invoices are due fourteen (14) days from the invoice date. Finance charges are imposed on all past due invoices at a rate of 1.5 percent per month (eighteen percent (18%) per annum). All undisputed invoices shall be paid by you regardless of disputes relating to other invoices or other delivered or undelivered services. You will reimburse the Company for all costs of collections, including, but not limited to, damages, costs, and reasonable attorneys’ fees.
5. Accessing the Website and Account Security. The Company reserves the right to withdraw or amend this Website, and any services or material we provide on the Website, in our sole discretion without notice. Greater>Than will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Greater>Than may restrict access to some parts of the Website, or the entire Website, to users.
6. Prohibited Uses. You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
To send, knowingly receive, upload, download, or re-use the Company’s intellectual property as described in Section 2(a) in any unauthorized manner.
To impersonate or attempt to impersonate the Company, another user, or any other person or entity.
7. Monitoring and Enforcement; Termination. The Company has the right to remove or refuse to post any user contribution or Design for any or no reason in our sole discretion, including if the Company believes that such user contribution violates the Terms and Conditions, infringes any intellectual property right, threatens the safety of users of the Website or the public, or could create liability for the Company. The Company retains the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights. The Company further retains the right to terminate or suspend your access to Website or Package services for any violation of these Terms and Conditions.
8. Content Standards. These content standards apply to any and all user contributions, use of the Website, and purchase and use of any available Services or Courses therein. User contributions and Designs must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, user contributions must not:
Contain material that is defamatory, abusive, harassing, violent, hateful, or inflammatory;
Promote discrimination or violence based on race, sex, gender, religion, sexual orientation, disability, nationality, or age.
Infringe on any patent, trademark, trade secret, or other intellectual property rights of any other person.
Violate the legal rights of others or contain material that could give rise to civil or criminal liability under applicable laws.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
9. Geographic Restrictions. The Company is based in the State of Minnesota in the United States. The Company provides this Website for use only by persons in the United States. We make no claims that the Website or any of its content is accessible outside of the United States.
10. DISCLAIMER OF WARRANTIES. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES, DELIVERABLES, PACKAGES, OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY, NOR ANY PERSON ASSOCIATED WITH THE COMPANY, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. THE COMPANY NEITHER REPRESENTS OR WARRANTS THAT OUR SITE OR SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, SERVICES OR DELIVERABLES WILL MEET YOUR NEEDS OR EXPECTATIONS.
11. LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PROVIDED BY THE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICES, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF THE SERVICES HEREUNDER, OR YOUR USE, OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR OTHER SUCH WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
12. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the Services, your violation of these Terms and Conditions or your use of the Website (including, but not limited to, actions in the form of tort, warranty, or strict liability).
13. Governing Law. All matters relating to the Website and these Terms and Conditions, and any dispute or claim arising therefrom and related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.
14. Force Majeure. The Company shall not be liable for any loss or delay due to acts of God, any change in or adoption of any law or regulation by a governmental authority, strikes, natural disasters, fires, floods, earthquakes, severe weather, epidemics, pandemics, quarantine restrictions, war, terrorism, riot, delays in transportation, telecommunication infrastructure or Internet failures, inability to obtain necessary labor or materials from usual sources, or other causes beyond the reasonable control of the Company. In the event of any delays in performance due to such causes, the date of delivery or performance shall be deferred for a period equal to the time lost by the reason of the delay.
15. Entire Agreement. The terms of the Privacy Policy and any order confirmation for Services together with these Terms and Conditions constitute the entire agreement between you and the Company and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
16. Severability. If any part of these Terms and Conditions or the Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained therein will remain in full force and effect.
Privacy Policy
Last updated as of October 06, 2021
We at Greater Than LLC (the “Company”) respect and value your privacy. This privacy policy (“Privacy Policy”) explains how we collect, use, share and protect your personal information when you access the website greaterthan.courses (our “Website”), purchase our goods or services, or interact with us on social media. This Privacy Policy applies to information we collect:
On this Website
In email, text, and other electronic messages between you and this Website;
Through mobile and desktop applications you download from this Website;
When you interact with our advertising and applications on third-party websites and services.
It does not apply to information collected offline through any other means, or to information collected by any third party.
Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing this Website, you agree to this Privacy Policy. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.
Information We Collect
A. Personal Data – Personal Data is information such as your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving this information by providing it voluntarily on our website or any mobile application. Your decision to disclose this data is entirely voluntary.
C. Non-Personal Information – We also may collect aggregate, non-personally identifiable information about you and your use of the Website. This may include data regarding your mobile device if you access this Website via a mobile device or app.
D. Financial Data – Financial data is data related to your payment method, such as credit card or bank transfer details. Most financial data is transferred to our payment processor(s), including Venmo Business, and you should review these processor(s)’ Privacy Policy to determine how they use, disclose, or protect your financial data.
How We Use Your Information
Your information allows us to offer certain services and products, including the use of our Website, to fulfill our obligations to you, to customize your interaction with the Company, and to allow us to suggest other services we think might interest you. To the extent we process your data, it is to serve our legitimate business interests.
Why We Disclose Your Information
We may share your information with third parties in certain situations. Specifically, we may share your data with third party processors for the administration of our Website, administration of your account, entering into contracts with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and Website, and marketing additional goods and services to you.
Data Retention
We retain personal data as long as needed to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.
Law and Jurisdiction
This Privacy Policy is governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in Hennepin County, Minnesota.