COMPLACENCY KILLS, LLC. TERMS OF USE

Complacency Kills, LLC. (“Complacency Kills”, “We”, “Us”, or “Our”) provides the website located at www.alexshattuck.com and related services (the Website and such services are collectively called the “Service”). This Terms of Use Agreement (as amended from time to time, the “Agreement”) sets forth the legally binding terms for your use of this Website. By making a purchase, creating an account, accessing or using the Service, (a) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (b) you attest that you are of legal age and not prohibited by law from using the Service. Permission to use the Service is contingent on your agreement with all of the terms in this Agreement.

PLEASE ALSO REVIEW OUR PRIVACY POLICY at www.alexshattuck.com/privacy-policy, THE TERMS OF WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO, AND CONSIDERED A PART OF, THIS AGREEMENT.

General Terms of Usage.

You must be at least 18 years old to use the Service.

You are responsible for any activity that occurs through your account, and you agree that you will not sell, transfer, license, or assign your account or any account rights. You also represent that all information you provide or provided to Complacency Kills upon registration and at all other times will be true, accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy.

You agree that you will not solicit, collect, or use the login or payment credentials of other Complacency Kills users.

You are responsible for keeping your password, where applicable, secret and secure.

You may not use the Service for any illegal or unauthorized purpose. 

You agree to comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to your use of the Service, including but not limited to, copyright laws.

You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper.

You must not attempt to restrict another user from using or enjoying the Service, and you must not encourage or facilitate violations of this Agreement or any other Complacency Kills terms.

Limitations on Use. 

By using the Service, you agree not to (i) modify, prepare derivative works of, or reverse engineer, our Service; (ii) knowingly or negligently use our Service in a way that abuses or disrupts our networks, user accounts, or the Service in any way; (iii) transmit through the Service any harassing, indecent, obscene, fraudulent, or unlawful material; (iv) market or resell the Service to any third party; (v) use the Service in violation of applicable laws or regulations; (vi) use the Service to send unauthorized advertising or spam; (vii) harvest, collect, or gather user data without their consent; or (viii) transmit through the Service any material that may infringe on the intellectual property, privacy, or other rights of any third party.

Proprietary and Intellectual Property Rights.

The Service contains content owned or licensed by Complacency Kills (“Complacency Kills Content”), e.g., Website and Application designs, logos, button icons, certain images, data compilations, text, and graphics. Complacency Kills Content is protected by copyright, trademark, patent, trade secret, and other laws. You acknowledge and agree that we or our licensors retain all proprietary rights to all Complacency Kills Content, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. You agree that you will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Complacency Kills Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Complacency Kills Content.

Interruptions in Service.

Although it is Complacency Kills’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

Third-Party Content.

There may be links from the Service, or from communications you receive from the Service to third-party websites or features. There may also be links to third-party websites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain, or endorse. Functionality of the Service may also permit interactions between the Service and a third-party website or feature, including applications that connect the Service with a third-party website or feature. Complacency Kills does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Complacency Kills is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the service are solely between you and the third party. 

Reservation of Rights.

We reserve the right, in our sole discretion, to change this Agreement (“Updated Terms”) from time to time, effective prospectively upon posting at the Service or upon such other date as posted at the Service or indicated in any notice to you. Your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this Agreement and any Updated Terms before using the Service.

We reserve the right to refuse access to the Service to anyone for any reason at any time.

We reserve the right to force forfeiture of any username for any reason.

We may, but have no obligation to, remove, edit, block, and/or monitor User Content or accounts containing User Content that we believe, in our sole discretion, violates this Agreement.

You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Complacency Kills is not responsible or liable for the conduct of any user. Complacency Kills reserves the right but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Your Content or any personal or other information.

Modification of Service.

Complacency Kills reserves the right, in its sole discretion, to modify the Service from time to time and without notice, including removing, adding, or modifying the Website, Application, related services, Products and/or Vendor Partners. Complacency Kills shall have no liability to you for any modification or discontinuation of the Service. If you object to any such changes, your sole recourse shall be to cease using the Service. Continued use of the Service following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Service.

Limitation of Liability.

You agree that Complacency Kills shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer or other electronic device failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the Service, even if Complacency Kills has been advised of the possibility of such damage.  In no event shall Complacency Kills’s entire liability to you with respect to the service, whether direct or indirect, exceed the fees paid by you towards such Service.

Complacency Kills is not responsible for the actions, user content, information, or data of third parties, and you release us, our affiliates, directors, officers, employees, stockholders, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

By accessing the Service and any related third-party content, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive such claims.

Indemnity.

You (and also any third party for whom you operate an account or activity on the Service) also agree to indemnify and hold harmless Complacency Kills and its representatives, agents, affiliates, directors, managers, officers, employees and stockholders (the “Indemnified Parties”) from and against any liability, damage, loss, cost or expense (including attorneys’ fees) incurred in connection with (i) any third-party claim, demand, proceeding or action (“Claim”) arising out of your use of the Service; (ii) your User Content or your access to or use of the Service; (iii) your breach or alleged breach of this Agreement; (iv) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (vi) any misrepresentation made by you.

Release re: Third-Party Sites.

You hereby release us, our affiliates, directors, officers, employees, stockholders, agents, and successors from claims, demands any and all losses, damages, rights, and actions of any kind including personal injuries, death, and property damage, which is either directly or indirectly related to or arises from any interactions with or conduct of Third-Party Sites. 

Governing Law.

This Agreement and the relationship between you and Complacency Kills shall be governed by the laws of the United States and the State of Michigan without regard to its conflict of law provisions. Any action or proceeding arising from, relating to, or in connection with this Agreement will be brought exclusively in the federal or state courts of Ingham County, Michigan, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. No failure or delay by Complacency Kills in exercising any right, power, or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Service must be filed within one year after such cause of action arose or be forever barred. 

Section titles.

The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. 

Entire Agreement.

This Agreement, along with Complacency Kills’ Privacy Policy, and the electronic agreement entered into upon enrollment for our Program (where applicable) represent the entire understanding of the parties regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. This Agreement is binding and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.

Validity.

If any parts of this Agreement are determined to be invalid, all other terms will remain in effect, and the invalid provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.