These Web-Based Product Terms, which incorporate by reference the Website Terms of Use, Privacy Policy and Copyright Policy, and which are subject to the Additional Terms and Conditions, if any (collectively, the “Web-Based Product Terms”), apply to your purchase of any products, services or subscriptions made available by GCCM Media LLC or its affiliates (collectively, the “Company”, “we”, or “us”) on or through the Website (collectively, the “Web-Based Products”) including, without limitation, your access to and use of any content, functionality and services offered in connection with your purchase of any Web-Based Products. Please read these Web-Based Product Terms carefully before purchasing any Web-Based Products and print off a copy for your records. By ordering any Web-Based Products, you are confirming your agreement to be bound by these Web-Based Product Terms.

 

Definitions

 

Capitalized terms used but not otherwise defined herein shall have the following meanings:

 

“Additional Materials” means any Online Materials or Physical Materials that may be provided by the Company in connection with a Web-Based Product but that are not included in the Applicable Fees for such Web-Based Product.

 

“Additional Terms and Conditions” means any additional terms and conditions relating to any Web- Based Products agreed in writing by you and the Company.

 

“Applicable Fees” means the applicable fees payable for the Web-Based Products, exclusive of any delivery charges payable in connection with the delivery of Physical Materials, as applicable, and any import duties, taxes and customs clearances which may be payable.

 

“Included Materials” means any Online Materials or Physical Materials that are provided by the Company as part of a Web-Based Product and that are included in the Applicable Fees.

 

“Online Materials” means any material in an electronic format which may be: (i) downloaded from the Website; or (ii) accessed and viewed on the Website, including, but not limited to, PDFs, MP3s, JPEGs, MPEG4s and MOVs. 

 

“Materials” means any Included Materials and, as applicable, any Additional Materials. 

 

“Physical Materials” means any material in a physical format, including, but not limited to, books, manuals, guides, DVDs, CDs, workbooks, handouts, flashcards, models, specimens or other tangible materials.

 

“Product Description” means any online or hard copy material produced by the Company that provides detailed information with respect to any Web-Based Products.

 

“Website Terms of Use” means the terms and conditions pursuant to which you may access the Website and available at https://www.gingermenown.com/terms-of-use.

 

“Website” means https://gingermenown.com or any other domain operated by the Company.

 

Purchase and Confirmation

 

In order to purchase any Web-Based Products you must provide the required information and pay the Applicable Fees. You must ensure that all information provided is complete and accurate. When you place an order for Web-Based Products, you are offering to purchase those Web-Based Products subject to these Web-Based Product Terms. 

 

A legally binding agreement shall only come into existence once: (i) the Company has accepted your offer to purchase the Web-Based Products by sending you an order confirmation email and by giving you access to the Web-Based Products; and (ii) the Company has received from you (or on your behalf) either: 

 

• the entirety of the Applicable Fees if you choose to pay for the Web-Based Products with a one-time lump-sum payment; 

 

• the first instalment of the Applicable Fees if you choose to pay for the Web-Based Products in instalments.

 

these Web-Based Product Terms, together with your purchase offer and the order confirmation email, constitute the entire agreement between us (the “Contract”) and supersede and replace any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of these Web-Based Product Terms. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in the Contract.

 

You must check the details on the order confirmation email when you receive it. If there are any errors, please contact us immediately at support@gingermenown.com.

 

Where your order consists of multiple Web-Based Products, each individual Web-Based Product will be treated by the Company as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Web-Based Products will not be an acceptance by the Company of your offer to purchase any other Web-Based Products. We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Web-Based Products. In such circumstances, no Contract will arise, and we will return any payment accompanying your purchase offer.

 

Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised Applicable Fees for a Web-Based Product and/or to amend any of the information contained in the Product Description. We also reserve the right to withdraw any Web-Based Products advertised for sale on the Website and/or in any Product Description.

 

Payment

 

The Applicable Fees for any Web-Based Products at any given time and any additional delivery charges payable in connection with the delivery of Physical Materials, if applicable, will be displayed on the Website and/or in the Product Description, and/or will be notified to you by a Company customer services representative. All amounts are payable in United States Dollars. The Applicable Fees are exclusive of sales tax. Further, any currency conversion costs or other charges incurred in making a payment shall be borne by you, and shall not be deductible from the amounts due to the Company. 

 

Unless otherwise specified in respect of a particular Web-Based Product, the Applicable Fees are payable either:

 

• with a one-time lump-sum payment, payable with your purchase offer; or

 

• in instalments, with payments being due at certain times over a set period of time, as specified on the Website and/or in a Product Description and/or as notified to you by a Company customer services representative, with the first instalment being payable with your purchase offer. 

 

Subsequent instalments will be automatically deducted from the debit/credit card you used to pay for the first instalment. By choosing to pay the Applicable Fees in instalments, you agree that:

 

• it is your responsibility to ensure that the instalment payments are made on the due dates;

 

• the Company and/or its service providers are authorized to collect the instalment payments from the debit/credit card you used to pay for the first instalment when such instalments become due and payable; 

 

• you will inform us by email at support@gingermenown.com if you change your debit/credit card or if your debit/credit card expires or is no longer when the next instalment becomes due and payable;

 

• any failure to make payment of an instalment when due and payable constitutes a breach of the Contract and the Company may suspend or cancel your access to the Web-Based Products until the remaining instalment amounts are paid in full; and

 

• you will not be entitled to a refund of any amounts already paid.

 

The option of paying the Applicable Fees in instalments is offered subject to availability. Acceptance of your offer to purchase the Web-Based Products and pay the Applicable Fees by instalments is at the sole discretion of the Company. The Company may withdraw the option of paying the Applicable Fees in instalments at any time in its sole discretion. Any such withdrawal shall not affect customers who have already purchased a Web-Based Product and are paying the Applicable Fees in instalments at the date of such withdrawal. The total amount paid for any Web-Based Products may differ depending on whether the Applicable Fees are paid for with a one-off lump sum payment or in instalments.

 

In the event that your purchase offer is accepted at a time when the amount of the Applicable Fees displayed on the Website and/or in any Product Description is incorrect, the Company will notify you as soon as it reasonably practicable after discovery thereof by the Company. If the correct amount of the Applicable Fees is higher than the amount displayed on the Website and/or in any Product Description, then the Company will contact you to notify you of the correct Applicable Fees, so you can decide whether or not you wish to continue with your order of the Web-Based Products at the increased Applicable Fees. If you decide that you would like to cancel your order, the Company will give you a full refund in respect of any amount you have already paid. If the correct Applicable Fees are lower, the Company will refund you the difference between the amount which you have paid and the correct Applicable Fees payable.

 

Physical Materials

 

A delivery charge may be payable by you to the Company in connection with the delivery of any Physical Materials. The details of any delivery charges will be set out on the Website and/or in any relevant Product Description and/or will be notified to you by a Company customer services representative. The Company will arrange for delivery of the Physical Materials to the person and address you give the Company at the time you make your order. 

 

If Physical Materials are sent to you outside of the United States, you may be subject to import duties and taxes, which are levied once the goods reach the specified destination. Any additional charges for customs clearance must be borne by you. The Company has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when you order goods (including Physical Materials) from the Company, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.

 

Risk of damage to, or loss of, any Physical Materials shall pass from the Company to you on delivery. Ownership of the Physical Materials will pass to you on the later of receipt of payment by the Company in full of all sums due to the Company in respect of the Physical Materials and delivery of the Physical Materials to you.

 

The Company must be notified of any queries, complaints or incomplete or incorrect deliveries within 14 days of you receiving the Physical Materials. If you do not notify the Company within this time period, the Company will not be obliged to correct your order and will not be responsible for any loss or damage suffered by you as a result.

 

Additional Materials

 

Additional Materials may be available as an add-on to a Web-Based Product. A charge may be payable for such Additional Materials (as set out in the information relating to such Additional Materials) and the delivery of such Additional Materials to you.

 

Any payment for Additional Materials and any delivery charges payable in connection with the delivery of Additional Materials, if applicable, must be paid in accordance with the terms hereof. 

 

Web-Based Products Content and Access Terms

 

The description of the Web-Based Products on the Website and/or in any relevant Product Description will set out the details of the Web-Based Products and any Included Materials. Except as set out in the description of the Web-Based Products on the Website and/or in any relevant Product Description, no additional Materials will be provided by the Company.

 

The Company will notify you in an order confirmation email of when you will have access to the Web-Based Products purchased and for the length of time such access will be made available to you, unless any such Web-Based Product is removed or discontinued by the Company.

 

The receipt of a Web-Based Product is personal to you and, unless otherwise agreed by the Company pursuant to Additional Terms and Conditions, you may not share or transfer your rights to access the Web-Based Products or provide access to the Web-Based Products to any other person.

 

You may incur charges from your internet service provider while you are accessing Web-Based Products and/or downloading the Web-Based Products or Online Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Web-Based Products or Online Materials. You are responsible for paying any such charges.

 

You acknowledge that the Company operates a zero-tolerance policy in relation to inappropriate behavior. In particular, abusive or violent behavior and unfair or dishonest practices will not be tolerated by the Company under any circumstances. The Company may, in its reasonable discretion and without liability or an obligation to refund any Applicable Fees, refuse to supply any Web-Based Products to any person that engages in inappropriate behavior.

 

We reserve the right to monitor IP addresses that are used to access and/or download the Web-Based Products or Online Materials and, if a student is found to be in contravention of the access rules set forth herein, we may terminate a student’s access to the Web-Based Products or Online Materials. In such circumstances, no refund will be given.

 

Your Content

 

The Web-Based Products may enable you to share your content, such projects and other materials you submit, posts you make in the forums, and the like (collectively, “User Content”), with the Company and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. User Content does not include materials made available on the Website or in connection with the Web-Based Products by or on behalf of the Company. 

 

To the extent that you provide User Content, you grant the Company a fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes a grant to the Company of the right to authorize third parties to use the User Content independent of the Web-Based Products. Nothing in these Terms shall restrict other legal rights the Company may have to the User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason.

 

We welcome your suggestions, ideas, comments, and other feedback regarding the Web-Based Products and Materials (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, the Company does not waive any rights to use similar or related Feedback previously known to the Company, developed by our employees or contractors, or obtained from other sources.

 

Modifications to Web-Based Products or Technology Enhancements

 

From time to time, the Company may make modifications or enhancements to the Web-Based Products. You may be granted access to such changes free of charge only to the extent that such changes relate to the Web-Based Products purchased by you, provided that purchase of a current Web-Based Product does not entitle you to have access to future revised Web-Based Products as part of the original purchase.

 

Technical Support and Access

 

If you are unable to access a Web-Based Product, the Company will use commercially reasonable efforts to provide a solution where the Company has direct control over the system, software or settings involved. If the issue lies with your hardware, systems or software, or the settings thereof, the Company may, in its discretion, provide assistance to you to help you resolve the issue, but we cannot guarantee that any assistance provided will resolve the issue. 

 

You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website or Web-Based Products and that the Website or Web-Based Products may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

 

The Company will use reasonable efforts to make the Web-Based Products available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. The Company reserves the right to suspend access to the Website and Web-Based Products for the purpose of scheduled or emergency maintenance, repairs, or upgrades. You accept and acknowledge that the Company shall not be responsible for any delay or disruptions to your access to the Web-Based Products as a result of such suspension or any of the following: (i) the operation of the internet and the world wide web, including but not limited to viruses; (ii) any firewall restrictions that have been placed on your network or the computer you are using to access the Web-Based Products; (iii) failures of telecommunications links and equipment; or (iv) updated browser issues.

 

Warranties

 

The Company will provide the Web-Based Products and Materials in accordance with the Product Description. Except as set forth in the foregoing sentence, we make no representation or warranty that the Web-Based Products and Materials or the information presented in the Web-Based Products and Materials is accurate, complete, reliable, current or error-free. We disclaim all liability for any inaccuracy, error or incompleteness in the Web-Based Products and Materials or the information presented in the Web-Based Products and Materials. ALL REPRESENTATIONS, WARRANTIES AND/OR TERMS AND/OR COMMITMENTS NOT EXPRESSLY SET OUT IN THESE WEB-BASED PRODUCT TERMS, WHETHER IMPLIED BY LAW, CONDUCT, STATUTE OR OTHERWISE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMISSIBLE AT LAW.

 

Limitation of liability

 

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THESE WEB-BASED PRODUCT TERMS DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Except as set out in these Web-Based Product Terms, the Company shall not be responsible for losses that result from its failure to comply with these Web-Based Product Terms including, but not limited to, losses that fall into the following categories: (i) indirect or consequential losses; (ii) loss of income or revenue; (iii) loss of business; (iv) loss of anticipated savings; or (v) loss or corruption of data.

 

The Company is not responsible to you for any data that you lose in connection with accessing the Web-Based Products or the Online Materials. It is your responsibility to ensure that you regularly back up all data maintained on the computer from which you access the Web-Based Products and Online Materials and all data that you input when you access the Web-Based Products and Online Materials.

 

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST THE COMPANY FOR DIRECT LOSS IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE WEB-BASED PRODUCT TERMS, THE WEB-BASED PRODUCTS, YOUR USE OF THE THE WEB-BASED PRODUCTS OR MATERIALS AND ANY TECHNICAL SUPPORT SHALL BE LIMITED TO THE AMOUNT OF THE APPLICABLE FEES PAID BY YOU.

 

The Company shall not be responsible for any delay or failure to comply with its obligations under these Web-Based Product Terms if the delay or failure arises from any cause that is beyond the Company’s reasonable control. 

 

Each provision of this Section shall be construed separately as between you and the Company. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted, such provision shall apply but with such modification as may be necessary to make it valid and effective.

 

Disclaimer

 

The information presented through any Web-Based Products or Materials is made available solely for general informational or educational purposes, should not be construed as investment advice, is not a substitute for your own business judgement and should not be used as the sole basis for making any business decision. 

 

We do not warrant the accuracy, completeness or usefulness of this information, and all information is provided “AS IS”. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information.

 

You acknowledge that we have not and do not make any representation or warranty as to the future outcomes that may be possible as a result of the use of the information presented through any Web-Based Products or Materials. Testimonials or case studies referenced in the information presented through any Web-Based Products or Materials are only examples of what may be possible. There can be no assurance as to any particular outcome based on your use of the information presented through any Web-Based Products or Materials.

 

Intellectual Property

 

At all times, the Company and/or its licensors remain the owner(s) of the intellectual property in the Web-Based Products and the Materials. Other than as specified below, no Web-Based Products and/or Materials, nor any part of them may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of the Company. 

 

In consideration of receipt by the Company of the entirety of the  Applicable Fees (if you have chosen to pay for the Web-Based Products with a one-time lump sum payment) or the first instalment of the Applicable Fees (if you have chosen to pay for the Web-Based Products in instalments), the Company grants to you a limited, personal, non-exclusive, non-transferable, and revocable license right to use to use the Web-Based Products and Materials for your personal, non-commercial use. Any use of the Web-Based Products and Materials for commercial purposes is strictly prohibited.

 

Save as expressly set out in these Web-Based Product Terms or as otherwise agreed by the Company pursuant to Additional Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way the Web-Based Products or Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Web-Based Products or Materials or create derivative works based on the whole of or any part, or which incorporate, the Web-Based Products or Materials into any software program. Access to the Web-Based Products and use of the Materials not expressly permitted in these Web-Based Product Terms is strictly prohibited and will constitute an infringement of either the Company’s or the Company’s licensors intellectual property rights.

 

Data Protection

 

The Company will process the information it receives from you or otherwise holds about you in accordance with these Web-Based Product Terms and the Privacy Policy. You consent to the use by the Company of such information in accordance with the Privacy Policy. 

 

Changes by Us

 

A Product Description constitutes only an indication of the intended features of the Web-Based. The Product Description does not form part of the Contract between you and us. Notwithstanding the foregoing, we will use commercially reasonable efforts to provide the Web-Based Products in accordance with the applicable Product Descriptions.

 

Inconsistency of Terms

 

If there is any conflict between these Web-Based Product Terms, any applicable Additional Terms and Conditions and the Website Terms of Use, the conflict shall be resolved according to the following order of priority:

 

• the Additional Terms and Conditions;

• the Web-Based Product Terms; and

• the Website Terms of Use.

 

General

 

The Company may update or amend these Web-Based Product Terms from time to time without notice to you. Any updates or amendments will be posted on the Website.

 

You may not assign or sub-contract any of your rights or obligations under these Web-Based Product Terms to any third party unless agreed to by the Company pursuant to Additional Terms and Conditions.

 

The Company may assign, transfer or sub-contract any of its rights or obligations under these Web-Based Product Terms to any third party at its discretion.

 

No failure or delay by the Company in exercising any right or remedy under these Web-Based Product Terms shall operate as a waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by the Company in writing.

 

If any of these Web-Based Product Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Web-Based Product Terms shall remain in full force and effect.

 

The Contract between you and the Company is not intended to be for the benefit of any third party, and shall not be exercised by any other person.

 

Governing Law and Jurisdiction

 

All matters relating to any Web-Based Products, Materials, these Web-Based Product Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, any Web-Based Products, Materials, or these Web-Based Product Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in Houston, Texas, although we retain the right to bring any suit, action or proceeding against you for breach of these Web-Based Product Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.