Terms of Service

Terms of Service for my.coleader.co

These Terms govern:
* the use of my.coleader.co, and,
* any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document. 

The User must read this document carefully. By using www.coleader.co; User is agreeing that they have read these Terms and Conditions and agreed to be bound by the same. 

My.coleader.co is provided by:
RTC HOLDINGS INC., a California corporation, or its affiliates, as assigned (“Coleader”)

22431 Antonio Pkwy B160-232
Rancho Santa Margarita, CA 92688

Owner contact email: support@coleader.co

"www.coleader.co" refers to this website, including its subdomains and any other website through which the Owner makes its Service available.

What the User should know at a glance

Usage of my.coleader.co and the Service is age restricted, as detailed in the relevant section of this document.

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Minors may access my.coleader.co and use its Service only under parental or adult supervision.

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using my.coleader.co.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using my.coleader.co, Users confirm to meet the following requirements:
* There are no restrictions for Users in terms of being Consumers or Business Users;
* Users must be older than 18;
* Minors may only use my.coleader.co under parental or adult supervision;

Account registration
To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner.

Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by
my.coleader.co.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials, or personal data, has been violated, unduly disclosed, or stolen.

Conditions for account registration
Registration of User accounts on my.coleader.co is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

Accounts registered by bots or any other automated methods are not permitted.

Unless explicitly permitted, a User account may not be shared with other persons.

Account termination
Users can terminate their account and stop using the Service at any time by doing the following:
By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion
The Owner reserves the right to suspend or terminate the User's account at any time and without notice, at the Owner's sole discretion, in these cases:
* User has violated these Terms; and/or
* User's access or use of my.coleader.co may cause injury to the Owner, other Users, or third parties; and/or
* the use of my.coleader.co by the User may cause violation of law or regulations; and/or
* in case of an investigation by legal action or governmental involvement; and/or
* the account or its use is deemed to be, at the Owner’s sole discretion inappropriate or offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages, or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on my.coleader.co

Unless where otherwise specified or clearly recognizable, all content available on my.coleader.co is owned by the User that is identified as the Creator of the content.  

Content provided by Users

The Owner allows Users to upload, share or provide their own content to my.coleader.co.By providing content to my.coleader.co, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.  Users additionally confirm that content is not abusive, harmful, and abides by the Coleader statement of faith.  

Users acknowledge and accept that by providing their own content to my.coleader.co they grant the Owner a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the entire protection term), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, or transmit such content to provide and promote its Service in any media or manner, unless otherwise specified in an additional Creator contract or Featured Content Provider contract with Coleader.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to my.coleader.co.

Users acknowledge, accept, and confirm that all content they provide through my.coleader.co is provided subject to the same general conditions set forth for content on my.coleader.co.

Users are solely liable for any content they upload, post, share, or provide through my.coleader.co.

Users acknowledge and accept that the Owner filters or moderates such content in a preventative manner, in accordance with these terms and conditions.

Therefore, the Owner reserves the right to refuse, censor, remove, delete, block, or rectify such content at its own discretion and to deny access to my.coleader.co to the uploading User without prior notice, if it considers such content to infringe any applicable legal provision or third party right, or to otherwise represent a risk for Users, third parties, the Owner, and/or the availability of the Service.

The removal, deletion, blocking, or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages, or reimbursement.Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through my.coleader.co.

Access to provided content
Content that Users provide to my.coleader.co is made available according to the criteria outlined within this section.

Publicly available content
Content meant for public availability shall be made public on my.coleader.co by the User. Any personal data, identifier, or any other information that Users upload in connection with such content (such as a User-ID, avatar or nickname etc.) shall also appear in connection with the published content.

Private content
Private content provided by Users shall stay private and will not be shared with any third parties without the User’s explicit consent.

Access to external resources

Through my.coleader.co Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on my.coleader.co infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

* A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;
* Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
* A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.
Copyright infringement notifications may be submitted to the Owner’s Copyright Agent at the following address: support@coleader.co

Acceptable use

My.coleader.co and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of my.coleader.co and/or the Service violates no applicable law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to my.coleader.co or the Service, terminating contracts, reporting any misconduct performed through my.coleader.co or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
* violate laws, regulations, and/or these Terms;
* infringe any third-party rights;
* considerably impair the Owner’s legitimate interests;
* offend the Owner or any third party.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to my.coleader.co are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of my.coleader.co and the Service offered.

This license does not grant Users any rights to access, usage, or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

TERMS AND CONDITIONS OF SALE

Paid products
Some of the digital products provided on my.coleader.co, as part of the Service, are provided on the basis of payment.

The fees, duration, and conditions applicable to the purchase of such Products are described below and in the dedicated sections ofmy.coleader.co.

Product description
Prices, descriptions, or availability of Products are outlined in the respective sections of my.coleader.co and are subject to change without notice.

While Products on my.coleader.co are presented with the greatest accuracy technically possible, representation on my.coleader.co through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.The purchasing process includes these steps:
* Users must choose the desired Product and verify their purchase selection.
* After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission
When the User submits an order, the following applies:
* The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
* In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications, or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes, and costs (including, if any, delivery costs) that they will be charged.

Prices on my.coleader.co are displayed:
* either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Methods of payment
Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of my.coleader.co.

All payments are independently processed through third-party services. Therefore, my.coleader.co does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Delivery of digital content
Unless otherwise stated, digital content purchased on my.coleader.co is delivered via the Coleader platform.  Associated files may be downloaded to the user’s computer.

Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) may be required to meet the technical requirements specified on my.coleader.co.

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

Contract duration

Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Open-ended subscriptions
Paid subscriptions begin on the day the payment is received by the Owner.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Termination of open-ended subscriptions
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.

Terminations shall take effect 1 day after the notice of termination has been received by the Owner.

Guarantees

Money-back-guarantee for services
Without prejudice to any applicable statutory rights, the Owner grants Users the right to cancel the purchase of a Series they are unsatisfied with, and obtain a refund, within 3 days from the day on which the contract was entered into.  The Owner shall refund the price of the Series purchased using the same payment method as the original transaction.

In order to make use of this right, Users must send an unambiguous notice to the Owner. While a motivation is not required, Users are kindly asked to specify the reason why they are claiming the money-back-guarantee.

Upon receipt of such notice, the Owner will verify that all conditions applicable to the money-back-guarantee are fulfilled and, if so, refund the purchase price. In this case, Users will no longer have access to the purchased service.

Liability and indemnification

US Users - Disclaimer of Warranties
My.coleader.co is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OWNER, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, SUPPLIERS, AND EMPLOYEES BE LIABLE FOR
* ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE; AND
* ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN;
* ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
* PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER ACCESS TO OR USE OF THE SERVICE;
* ANY UNAUTHORIZED ACCESS TO OR USE OF THE OWNER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
* ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
* ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE;
* ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR
* THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. IN NO EVENT SHALL THE OWNER, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, PARTNERS, SUPPLIERS, AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT PAID BY USER TO THE OWNER HEREUNDER IN THE PRECEDING 12 MONTHS, OR THE PERIOD OF DURATION OF THIS AGREEMENT BETWEEN THE OWNER AND USER, WHICHEVER IS SHORTER.

THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO USER. THE TERMS GIVE USER SPECIFIC LEGAL RIGHTS, AND USER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THE TERMS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnification
The User agrees to defend, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
* User’s use of and access to the Service, including any data or content transmitted or received by User;
* User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
* User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
* User’s violation of any statutory law, rule, or regulation;
* any content that is submitted from User’s account, including third party access with User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
* User’s willful misconduct; or
* statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns, or blackouts etc).

Service reselling
Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of my.coleader.co and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of www.coleader.co/privacy-policy

Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to my.coleader.co are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with my.coleader.co are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

CCPA
Owner is the primary controller of personal information provided to or collected by my.coleader.co. “Personal information” under the California Consumer Privacy Act (“CCPA”) means information by which User can be identified or that could reasonably be attached to User’s identity or household, such as User’s name, address, email address, telephone number, or other identifiers User may be linked to online. Owner will maintain certain data that User transmits to the Website for the purpose of managing the performance and analytics. User is solely responsible for User’s name, phone number, email address, and message that they transmit using my.coleader.co.

Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts
All communications relating to the use of my.coleader.co must be sent using the contact information stated in this document.

Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users
Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Dispute resolution

Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of my.coleader.co or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 5 days of receiving it.

Definitions and legal references

My.coleader.co (or this Application)
The property that enables the provision of the Service.

Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User
Any User that does not qualify as a Consumer.

European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or We)
Indicates the natural person(s) or legal entity that provides my.coleader.co and/or the Service to Users.

Product
A good or service available for purchase through my.coleader.co, such as e.g. physical goods, digital files, software, booking services etc.

The sale of Products may be part of the Service.

Service
The service provided by my.coleader.co as described in these Terms and on my.coleader.co.

Terms
All provisions applicable to the use of my.coleader.co and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)
Indicates any natural person or legal entity using my.coleader.co.

Consumer
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

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