Terms of Use and Service and Service
Please read the following Terms of Use and Service relating to your use of this site, and all the sites listed below under our brand, carefully. By using these sites, you agree to these Terms of Use and Service and Service. These Terms of Use and Service are subject to change at any time, without notice. All changes to these Terms of Use and Service are published here. Therefore, we encourage you to check back often for the latest version of this page. Publisher reserves the right to make changes. All changes are retroactive to include all previous encounters and transactions. By using these sites after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these Terms of Use and Service, please do not use this site or any of our sites.
These Terms of Use and Service and Service apply to your use of all of the Sites and services owned or operated by Rock Star U, LLC (RSU) (collectively “we,” “us,” or “our”), including but not limited to AlyandAndrea.com, AlyandAndrea.net, AlyandAndrea.tv, RockStarsRock.com, WorldTourofSuccess.com, WorldTourofSuccess.tv, BrandYouNew.com, RockStarYou.com, all social media platforms operated by site owner or its operators, and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in these Terms of Use and Service include all such Sites. These Terms of Use and Service do not apply to your use of unaffiliated Sites to which any of the Sites may link to or direct you to.
If you have any questions about these Terms of Use and Service, you may contact us at:
ROCK STAR U, LLC
407.551.0578 PHONE
877.288.7535 FAX
Support@AlyandAndrea.com
By use of any information and hyperlinks (collectively called “Materials”), or purchase of any products or services (collectively called “Products”) communicated through our Sites, listserver, e-mail server, e-commerce processor, autoresponders, domain name server (collectively called “Service”), or any contacts or transactions offline, you hereby acknowledge, and agree to the following:
Companies and our dealers, associates, agents and licensors expressly do not make any warranties, including, without limitation, guarantees of income, warranties of fitness for a particular purpose, as well warranties of accuracy, completeness, currentness, noninfringement, merchantability with respect to the Service, the Materials, or the Products provided or offered here.
Neither we nor any of our dealers, associates, agents and licensors shall be liable for any direct, indirect, incidental, punitive, or consequential loss, damage or injury of any kind whatsoever in connection with the Site, Products, or Services, even if advised on the possibility of such damages.
In no case shall our liability, as well as the liability of our dealers, associates, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Site, the Service, the Material, or the Products, exceed the total dollar amount you paid us or our dealers, associates, agents and licensors.
By using the Service you assume full responsibility for the use of all Materials and Products. You assume full responsibility for adherence to any and all applicable laws and regulations, including federal, state and local, governing professional licensing, advertising, business practices, and all other aspects of doing business in the United States or any other jurisdiction. Any Materials, Products, and offerings are void where prohibited by law. Under no circumstance is anything written or spoken to be construed as a guarantee of income. We make NO GUARANTEES OF INCOME.
All statement, stories, research findings, etc, are derived from sources believed reliable. While all ordinary due diligence attempts have been made to verify information provided, in any publication of any nature Companies make or offer, including books, manuals, cassettes, videos, letters, websites, etc, neither Author, Publisher, nor Companies assume any responsibility for errors, omissions, or contrary interpretation of the subject matter herein. We provide information products only. Any earning claims of outside parties have not been verified and are believed true; they may not be representative of your experience. You may do better or worse. Any perceived slights of specific persons, peoples, organizations, or practices are unintentional.
Participant hereby releases Companies, the Program and the Principals and Speakers from, and agrees and covenants that participant will not sue same or take any action on account of any and all claims or causes of action in connection with the Companies, Program, and, in no event shall any Course, the Companies, Program or the Principals or Speakers be liable for any punitive damages, incidental or consequential damages whatsoever. Participant acknowledges that the limitations of its remedies provided for herein do not fail of their essential purpose and that it is not unconscionable for the Course, the Program and its Principals to seek and obtain such limitations of its and their financial exposure to the Participant.
Participant hereby agrees to and does indemnify Companies and any Course, the Program and its Principals and holds them, and each of them, harmless from and will defend them against any and all claims, judgments, liabilities, expenses and damages (including attorney’s fees and costs) arising out of or in connection with any breach by Participant of its obligations, agreements of covenants hereunder, and, any acts or omissions by Participant, its agents, representatives and employees whatsoever. Any and all claims and actions arising out of the Program, this document, or otherwise, shall be exclusively arbitrated in Davidson County, State of Tennessee, in accordance with the then prevailing Rules & Regulations of the American Arbitration Association, which proceedings shall be final and binding, and strictly confidential. Neither the existence of such proceedings or the results thereof shall be disclosed to any third party, unless expressly required by law.
No publication released by Companies is intended for use as a source of legal, accounting, or tax advice. All information may be subject to varying national, state, and/or local laws or regulations. All users are advised to retain the services of competent professionals for legal, accounting, or tax advice.
The purchaser or reader of all publications assumes responsibility for the use of said materials and information, including adherence to all applicable laws and regulations, federal, state, and local, governing professional licensing, business practices, advertising, and all other aspects of doing business in the United States or any other jurisdiction in the world. No guarantees of income are made. Publisher reserves the right to make changes. You do not have to accept these terms, you can reject any offer we make and leave the site, return the product for a refund, etc. The Author, Publisher, and Companies assume no responsibility or liability whatsoever on the behalf of any purchaser or reader of these materials.
Links
These Terms of Use and Service apply only to our Sites, and not to the Sites of any other companies or organizations, including those we link to. We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other site, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site. Other Sites may link to our Sites by permission only. To seek our permission, you may contact us at the information above. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our Sites, and to require termination of any such link to any of the Sites, at our discretion at any time.
Restrictions On Use
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without RSU’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of RSU. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with RSU in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Proprietary Information
The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by RSU is the proprietary information of RSU or the party that provided the Content to RSU, and RSU or the party that provided the Content to RSU retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of RSU, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates RSU’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
Submissions
Your comments, questions, and feedback are welcome for any and all of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our live events, keynotes, or online events or products. This policy is for your protection, and ours, as it is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Therefore, do not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material (“Submission”), it shall become property of RSU. RSU will not be subject to any obligation of confidence for any Submission, and RSU will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
Further, you hereby grant to RSU the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to RSU through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.
RSU will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.
Forums
A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites or platforms, and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.
Registration
We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these Terms of Use and Service of use, any of the forum member guidelines or for any other behavior that we in our discretion believe is inappropriate.
Security
Passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). RSU will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that RSU considers insecure, RSU will be entitled to require the password to be changed and/or terminate your account.
In the event client sends RSU client’s password by email, client acknowledges and understands that email is inherently insecure and may be compromised.
Email connects and passes through many routers and mail servers before receipt by recipient and it is understood in the industry, that during this process and after receipt, email is vulnerable to both physical and virtual eavesdropping.
Client understands that current industry standards do not place emphasis on security as information is transferred in plain text, and during this process mail servers regularly conduct unprotected backups of the email that passes through, leaving a digital paper trail that can be easily inspected or compromised months or even years later.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, RSU reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. RSU reserves the right to investigate suspected violations of these Terms of Use and Service.
RSU reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing RSU to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use and Service.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS RSU FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RSU DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [RSU] OR LAW ENFORCEMENT AUTHORITIES.
The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Mature Content
PG-13: On our Sites we will rarely, but occasionally discuss mature topics and language relating to personal and professional growth. Users who are uncomfortable with such topics or language should not use our Sites.
Confidentiality and Non-Compete
Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.
Disclaimer
You understand that RSU cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. RSU does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by RSU. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. RSU disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. RSU does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. RSU does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and RSU may make changes or improvements at any time. You, and not RSU, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. RSU MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and RSU does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
Appropriate Use of Services
You agree that you will not distribute, electronically transmit or display any materials in connection with use of Companies’ Services which: violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of any party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age – this included NO pornography of any kind; that promote hate; that violate any Companies’ policy posted on Companies’ Site; or contain viruses or other computer programming defects which result in damage to any party.
No “Spam”. You shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. You shall not engage in any unsolicited email practices in relation to Companies’ services, equipment, materials, etc.
Termination. RSU may, at RSU’s sole discretion, immediately terminate any agreement, license, or service without remedy if you engage in any of the foregoing.
Trademarks
All trademarks or registered trademarks are property of their respective owners. Usage of other trademarks is only for illustrative, educational, or entertainment purposes, without intent to infringe. Any such trademark usage does not constitute endorsement by Companies, or any of its dealers, associates, affiliates, licensors.
Copyright
Unless where indicated otherwise, copyright for all materials © Rock Star U,LLC, all rights reserved worldwide. By submitting unsolicited Material submitted through the Service or to any email, you agree that such material enters our copyright, unless indicated or agreed upon otherwise, and can and may be used in Companies’ educational and marketing efforts.
No translation or reproduction, either electronically or mechanically, permitted without express written permission from Companies except in cases where proper credits have been given. Any violation of our copyrights, patents or trademarks will be quickly prosecuted to the fullest extent of the law.
Limitation On Liability
RSU, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF RSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF RSU AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO RSU FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold RSU, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Changes in Legal Terms of Use and Service
These Terms of Use and Service are subject to change at any time, without notice. All changes to these Terms of Use and Service are published here; we encourage you to check back often for the latest version of this page. Publisher reserves the right to make changes. All changes are retroactive to include all previous encounters and transactions.
General Provisions
Product prices and availability: The price charged for every product sold under this program will be determined by Companies according to pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on webpage. Product availability can change, and Company will present the best information available to all sponsoring sites and its clients regarding course availability.
Website service interruption: Companies will make every effort to keep their website(s) operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Customer, Client, Prospect, Surfer, Participant agrees not to hold Companies liable for any of the consequences of such interruptions.
Assignment. Company may assign its rights under this Agreement and this Agreement shall inure to the benefit of the successors and assigns of Company, and shall be binding upon Affiliate Partner, its heirs, executors, administrators, guardians, and permitted successors and assigns. Affiliate Partner may not assign its rights or obligations under this Agreement without the advance written consent of Company, which consent may be withheld or conditioned by Company in its sole discretion.
Entire Agreement and Amendment. This Agreement represents the entire understanding of the parties with respect to the specific matter of this Agreement and supersedes all previous understandings, written or oral, between the parties with respect to the subject matter. Headings are for convenience only, and not for interpretation of Agreement. Failure by Company or Affiliate Partner to insist upon the other party’s compliance with any provision in this Agreement shall not be deemed a waiver of such provision.
Children’s Privacy
We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
YOU ACKNOWLEDGE THAT YOU are FULLY COMPETENT TO CONTRACT IN YOUR OWN NAME, HAVE READ THIS AGREEMENT, HAVE HAD AN OPPORTUNITY TO CONSULT WITH YOUR OWN LEGAL ADVISORS IF YOU SO DESIRED, AND AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU AGREE THAT, IN INTERPRETING THIS AGREEMENT, NO WEIGHT SHALL BE PLACED UPON THE FACT THAT THIS AGREEMENT HAS BEEN DRAFTED BY US, AND YOU SHALL NOT ASSERT THAT THIS AGREEMENT IS UNENFORCEABLE OR INVALID ON THE GROUNDS THAT IT IS A CONTRACT OF ADHESION, THAT IT IS UNCONSCIONABLE OR ANY SIMILAR THEORY. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN ANY OFFER, IN THIS AGREEMENT, OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF RESPONDING TO ANY OFFER, PURCHASING ANY PRODUCT, PARTICIPATING IN ANY PROGRAM, AND VISITING ANY WEBSITE, AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Harris County, Texas in connection with any dispute between you and RSU arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Houston, Texas. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. RSU may revise these Terms of Use at any time by updating this posting. If you have any questions about our Terms of Use and Service, contact us at 407-551-0578.
Last updated: September 2012 Copyright © 2012 Rock Star U, LLC.
