FORESTWOOD ASSOCIATES, LLC DBA Pounding Pavement 101

Website Terms and Conditions of Use

Revised as of April 20, 2023 

Welcome to https://poundingpavement101.thinkific.com  (the “Website”).  FORESTWOOD ASSOCIATES, LLC DBA POUNDING PAVEMENT 101 provides access to the Website to you subject to the following terms and conditions. In return for accessing the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. This is a legally binding agreement between you as the user(s) of the Website (hereinafter may be referred to as “you”, “your”, “User”, or “Visitor”) and FORESTWOOD ASSOCIATES, LLC DBA POUNDING PAVEMENT 101 (hereinafter may be referred to as “we,'' “our,” or “https://poundingpavement101.thinkific.com”). If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website. Essentially, if you visit the Website, you accept these terms and conditions of use. Please read them carefully.

Geographic Scope

The Website may be viewed throughout the United States as well as internationally, and may contain references to services not available in all States of the United States or in all countries. References to a particular service does not imply that we intend to make such services available in such states or countries. No warranty or representation is given that a particular product or service will be available for all Website visitors. 

Service Descriptions

We attempt to be as accurate as possible in describing our company and the services we offer; however, we do not warrant that the service descriptions or other content of this Website is accurate, complete, reliable, current, or error-free.

Electronic Communications

When you contact us through the Website, or send an email to an address located on the Website, or text or phone a phone number located on the Website, you are communicating with us electronically. You consent to receive a response from us electronically. We may communicate with you by email, telephone, or by posting notices on the Website. For example, you acknowledge and agree that we may amend these terms and conditions at any time by posting the amended and restated terms on the Website. By continuing to use the Website, you agree that the amended Terms will apply to you. 

 

 

General Use

If you use the Website, you are responsible for maintaining the confidentiality of your personal information, for restricting access to your computer, and you agree to accept responsibility for all activities that occur when accessing our Website via your computer. As a condition of your access to and use of the Website, you agree that you will comply with all applicable laws and regulations. You agree to use the Website solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any information, text, images, graphics, or other information available on or through the Website (the “Website Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Website Content for the purposes of operating a business that competes with POUNDING PAVEMENT 101, or otherwise commercially exploiting the Website Content. You agree further not to undertake any action to undermine the integrity of our computer systems or networks and/or attempt to gain unauthorized access to such computer systems or networks.  The use of this Website is at the discretion of POUNDING PAVEMENT 101; and POUNDING PAVEMENT 101 may terminate your use of this Website at any time.

Visitor Responsibilities

You represent, warrant and agree that (a) you have full power and authority to accept these terms and conditions; (b) you use the Website for your own personal or business purposes only; (c) you are over the age of eighteen (18), and (d) all information that you provide through any contact method is accurate. 

You further warrant and agree that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any information you submit; (b) any information that you provide us does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to secure any services requested through our contact forms, messages, emails, telephone numbers and the like; and (d)  you will indemnify POUNDING PAVEMENT 101, its affiliates, directors, employees, agents and representatives against any claim(s) resulting from content you supply. 

You further represent, warrant and agree that any information that you submit shall: (a) be true, accurate, complete and lawful; (b) not be false, misleading or deceptive; (c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful; (d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (e) not violate these terms and conditions; (f) not violate any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations; and/or (g) not contain any link directly or indirectly to any other Websites which includes any content that may violate these terms.

By transmitting or posting any non-confidential information to https://poundingpavement101.thinkific.com or POUNDING PAVEMENT 101 you grant POUNDING PAVEMENT 101 a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use such information for any purpose, including, but not limited to, its reproduction, modification, adaptation, publication, translation, use in derivative works, distribution, and display throughout the world in any media. You also grant POUNDING PAVEMENT 101 and sublicensees the right, at their sole discretion but without any obligation to do so, to use the name you submit in connection with such content. You further agree that the license granted herein includes the right to use or authorize use of any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information. 

You agree that neither POUNDING PAVEMENT 101 nor its affiliates, directors, employees, agents and representatives or licensees will be liable to you for any use of any information you submit. POUNDING PAVEMENT 101 has the right, but not the obligation, to monitor and edit or remove any content.

You acknowledge and agree that you, the user, are solely responsible for any information you submit to POUNDING PAVEMENT 101 or this Website and further agree, that POUNDING PAVEMENT 101 has no responsibility for the content of any such submissions, including their legality, reliability, and appropriateness.

User Accounts

To access certain areas of the Website, you will create a user account and login (a “User Account”). You may never use another party’s User Account without such party’s and POUNDING PAVEMENT 101’s express written authorization. You agree that all information which you provide through the Website in connection with creating your User Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account.

Cooperation with Law Enforcement or Legal Proceeding

We reserve the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, POUNDING PAVEMENT 101 may disclose any communications or contact information provided to us, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. We shall not be liable for damage that results arising from such disclosure, and you agree not to bring any action or claim against us for such disclosure. You agree to indemnify POUNDING PAVEMENT 101, our affiliates, directors, employees, agents and representatives and to hold them harmless from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your use of the Website or from your breach of these terms.

License and Website Access

We grant you a nonexclusive, non-transferable, revocable limited right and license to access the Website and the material provided hereon. This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any descriptions of services; any derivative use of the Website or its contents; any downloading or copying of information for any unauthorized use outside the Pounding Pavement 101 Services; or any use of data mining, robots, or similar data gathering and extraction tools. The Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. Any unauthorized use terminates the permission or license granted by POUNDING PAVEMENT 101.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of https://poundingpavement101.thinkific.com/ so long as the link does not portray POUNDING PAVEMENT 101 or its services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic, trade name, trademark, or service mark of POUNDING PAVEMENT 101 or any of its affiliates as part of the link without the express, written consent of POUNDING PAVEMENT 101.

Links

These terms and conditions of use apply only to this Website, and not to the Websites of any other person or entity. We may provide links to other Websites or resources (such as, but not limited to, Facebook, Twitter, Instagram, PayPal, Venmo, YouTube, and LinkedIn). You acknowledge and agree that we are not responsible for the availability of such external Websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other Websites or resources. You further acknowledge and agree that, 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, or reliance on, any content, advertisements, or other resources available from any other Website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other Websites to that Website’s administrator.

Termination

POUNDING PAVEMENT 101 reserves the right to monitor use of this Website to determine compliance with these Terms, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. POUNDING PAVEMENT 101 reserves the right to terminate your access to any or all of the POUNDING PAVEMENT 101 at any time without notice for any reason whatsoever.

You agree that POUNDING PAVEMENT 101 may, on good cause and without prior notice, immediately terminate, limit your access to or suspend your POUNDING PAVEMENT 101 account and access to POUNDING PAVEMENT 101. Good cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems, (d) engagement by you in fraudulent or illegal activities, and/or (e) nonpayment of any fees owed by you in connection with POUNDING PAVEMENT 101 services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in POUNDING PAVEMENT 101’s sole discretion and that POUNDING PAVEMENT 101 shall not be liable to you or any third party for any termination of your account, or access to the POUNDING PAVEMENT 101 services.

Termination of your account includes, but is not limited to, any or all of the following: (a) removal of access to all or part of the offerings within the POUNDING PAVEMENT 101  services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the POUNDING PAVEMENT 101 services.

Copyright

All content included on the Website, including, but not limited to, videos, downloadable documents, text, design, graphics, logos, button icons, images, and code, is the property of POUNDING PAVEMENT 101, and is protected by United States and international copyright laws. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained on the Website without our express, written consent.

Trademarks

POUNDING PAVEMENT 101 may own certain registered and unregistered trademarks in the United States or other countries, including but not limited to POUNDING PAVEMENT 101 and various stylized versions thereof.

The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of POUNDING PAVEMENT 101 or its affiliates may not be used in connection with any business, product, or service in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits POUNDING PAVEMENT 101 or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by POUNDING PAVEMENT 101 that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by POUNDING PAVEMENT 101  Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of POUNDING PAVEMENT 101 displayed or contained in the Website without our express, written consent.

Patents

One or more patents may apply to the Website and the services accessible via the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or patentable inventions contained therein without our expressed written consent. 

Copyright Complaints

We respect the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to POUNDING PAVEMENT 101 as specified below:

You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to us at POUNDING PAVEMENT 101, 625 Casa Loma Blvd., Unit 401, Boynton Beach, FL 33435 or email us at  [email protected]  

 

Please note that this procedure is exclusively for notifying us that your copyrighted material may have been infringed. All intellectual property infringement claims shall be made under penalty of perjury.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.

 

 

 

Disclaimer

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. POUNDING PAVEMENT 101 DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL POUNDING PAVEMENT 101 BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Disclaimers and Warranties

The testimonials, reviews, comments, and client satisfaction stories herein provided on the Website reflect the real life experiences of individuals and businesses who used our services. However, individual results may vary.  

Please keep in mind that we cannot guarantee particular results for future clients based on successes and satisfaction of past clients.

We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials and client success stories are not necessarily representative of what anyone else using our services may experience. 

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Content Disclaimer

The information contained in this Website is provided for informational purposes only.  The transmission and receipt of information contained on this Website, in whole or in part, or communication with POUNDING PAVEMENT 101 via the Internet or email through this Website does not constitute or create a fiduciary relationship between us and any recipient. You should not send us any confidential information in response to this webpage.  The material on this Website may not reflect the most current developments. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law. The information in this Website should not be viewed as an offer to perform services in any jurisdiction other than those in which POUNDING PAVEMENT 101 is licensed to practice. No past results serve in any way as a guarantee of future results.

You understand that POUNDING PAVEMENT 101 cannot and does not guarantee or warrant that files available for downloading from the POUNDING PAVEMENT 101 will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this POUNDING PAVEMENT 101. 

POUNDING PAVEMENT 101 recognizes the importance of providing the Services in a safe and responsible manner to prevent illness or injury to users and others.  You assume responsibility for implementing and monitoring all government mandated, industry standard, or reasonably expected Health and Safety precautions related to the use of the Services. As such, POUNDING PAVEMENT 101 shall not be liable nor responsible for any illness or injury you incur or cause in the use of the Services.

User Transactions

If you wish to purchase any service made available through the Website (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to POUNDING PAVEMENT 101 the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

POUNDING PAVEMENT 101 or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Program Payments

By authorizing POUNDING PAVEMENT 101 to process your payment for a POUNDING PAVEMENT 101 program fee, you accept all these terms, conditions, limitations, and requirements.

When you sign up for a POUNDING PAVEMENT 101 program, POUNDING PAVEMENT 101 will process your payment for the program fee.  Your program will remain in effect either until it has been completed or until it is canceled.  POUNDING PAVEMENT 101 may not provide receipts for such periodic payments; and considers your payment method account ledger to be proof of purchase.

The cost of a POUNDING PAVEMENT 101 program is disclosed at the time you sign up for a program, and the fee is nonrefundable. 

If there are changes related to the cost of a program or if any problems arise with your payment method connected with your program that POUNDING PAVEMENT 101 is unable to resolve, we will notify you through the email address or telephone number associated with your POUNDING PAVEMENT 101 account.  Associated services will be put on hold until resolved.  You will not be charged for a program until the problem has been resolved, which may result in the cancellation or expiration of your program.

The amount of each program fee payment will be billed to the credit card or other payment method you authorize for the program purchase. If we are unable to process your payment for a program fee, your program will not be renewed, will be put on hold, and/or will expire.

If you cancel your POUNDING PAVEMENT 101 account, any remaining program fee will be charged to the payment method on file; and your program will expire at the end of the current program period.

Governing Law

The laws of the State of Florida shall govern any disputes arising out of or relating to this Website, or the services listed on the Website. By visiting the Website, you further agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and POUNDING PAVEMENT 101.

 

Disputes

Any dispute relating in any way to your visit to the Website shall be submitted to confidential binding arbitration in Palm Beach County, Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, POUNDING PAVEMENT 101 may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to the exclusive jurisdiction and venue in such courts.  Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.

Website Policies, Modification, and Severability

As noted above, you are encouraged and advised to review the terms and conditions of use and privacy policy posted on the Website. These policies govern your visit to the Website. By using the Website, you agree to be bound by and to abide by these policies, just as if you had signed an agreement. 

We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, the terms and conditions of use and the privacy policy at any time. You should check these terms and conditions of use and privacy policy periodically for changes.  

By using the Website after we post any changes to the terms and conditions of use or the privacy policy, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these terms and conditions of use and the privacy policy, you should not use the Website. 

If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 

If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

Our decision not to enforce any right or decision not to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches. 

We shall have the right to assign these terms. You may not assign, in whole or part, the terms to any person or entity. This constitutes the entire agreement between you and POUNDING PAVEMENT 101 and governs your use of the Website, superseding any prior written or oral agreements in relation to the same subject matter herein.