Terms of Use 2018-01-11T19:49:30+00:00

Terms of Use

Welcome to WehnerEd!

Terms of Use
Welcome to WehnerEd!

This Agreement is a contract between you and WehnerEd, LLC (“WehnerEd”) and governs your use of all WehnerEd Services. Using the WehnerEd Services means that you (“You” or “User”) must accept all of the terms and conditions contained in this Agreement and the agreements on the WehnerEd Site page including the Privacy Policy. You should read all of these terms carefully.

TERMS OF USE

WehnerEd through its application, website, content, products, learning plans, course rating tables, course provider summaries and coaching, and services (collectively the “Services“) enables users to obtain career advice and career coaching. WehnerEd, LLC (above and hereinafter “WehnerEd”) owns this application and website. Before you enter the WehnerEd application or website (the “Site”) or use any of the WehnerEd services, you must carefully review the Terms and Conditions set out below (the “Terms”). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.

By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and WehnerEd that you will use the Service only in a manner consistent with these Terms. This Terms of Use may be updated from time to time without notice to you. The WehnerEd application, website and any parts thereof including forums, folders, contact forms, user profile information, folders, mobile apps, platform, posts, messages, photos, videos, and graphics are hereinafter referred to as our” Website”.

You understand and agree that our Website is provided “AS-IS” and that WehnerEd assumes no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to our Website. Nor does WehnerEd assume any liability for the failure to store or maintain any user communications or personal settings.

1

Use of Website; Agreement.

In consideration of your visiting and using our Website, you represent that you are able to form a binding contract and that you are not barred from receiving services provided in this website under the laws of the United States or the applicable jurisdiction. You also agree to that any information you provide about yourself is accurate and complete information at the time provided. You agree to timely update any information provided to WehnerEd to keep it accurate and complete. Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for WehnerEd to suspend or terminate your account and refuse you service in the future.

WehnerEd is concerned about the safety and privacy of all its users. Your use of the Service may be for personal purposes only. You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.
The information and materials on this website are intended for informational purposes only and are not intended to be treated as financial or tax advice. Neither the website nor the use of information from the website creates a joint venture, partnership or employment relationship.

2

WehnerEd Independent Contractor

WehnerEd is an independent contractor for all purposes and is not your agent or trustee. You are not providing services to WehnerEd. By using this Service, you acknowledge and agree that you are an independent contractor and that there is no partnership, joint venture or employment relationship with WehnerEd. Neither party will hold itself out as an agent, subsidiary or affiliate of the other party or has any authority to bind the other party to third party obligations. Subject to the terms of this Agreement, we reserve the right to change our Fees upon thirty days’ advance notice. You must agree to the change in Fees to continue to use the Services.

3

Accounts | Terms of Sale

Accounts: In order to use WehnerEd, you must be at least 18 years old. In order to set up a WehnerEd Account “Account”), you authorize WehnerEd to make any inquiries necessary to validate your identity. Account registration requires you to submit to WehnerEd certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or WehnerEd’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. WehnerEd cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms, including, without limitation, this Section 3.

Terms of Sale: Access to Services is made available for purchase. Your payment for any access to any Services is subject to the following terms:
Price | Payment Plans: The price for any Services will be made available via the Services at time of purchase. You may pay for access to the Services in full at the time of your purchase or pursuant to any installment payment plan that we make available.
Installment Payment Plans. If you select an installment payment plan, you hereby grant Company permission to automatically charge the applicable Services fee to your designated payment method at the beginning of each applicable payment period until all payments have been completed. If you select an installment payment plan, you agree to keep your designated payment method information, including all billing information, current, complete and accurate.

Valid Payment Methods: Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to our Services. By submitting your order to purchase access to our Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or canceled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order.

Refunds: YOU FURTHER UNDERSTAND AND AGREE THAT WehnerEd provides only the following limited refund: If you are dissatisfied with your initial session for any reason, please ask your coach for a refund before ending your call. We will promptly cancel your order (if possible) or provide reimbursement via PayPal and terminate you as a user of the Services and terminate this Agreement.

No Cancellations: Other than in connection with our Refund Policy, all sales are final and we do not offer any refunds or cancellations. If you select an installment payment plan, you will be obligated to complete all installment payments.

Failure to Pay: A failure to pay an installment payment related to any of the Services may result in the immediate suspension or termination of all Services. Upon suspension or termination, you will no longer be able to access your account and any Services. To maintain access to your account and all corresponding Services, your account and payments must be current and in good standing for all programs and Services for which you have registered. Pursuant to our Refund Policy, if your account is suspended or terminated for a failure to pay, you will not receive any refund except at our sole discretion and any scheduled automatic renewals will not occur.

Errors in Charges: In the event of an error that results in an incorrect charge, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any erroneous amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method.

4

Taxes

In connection with your purchase and/or use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree, that unless otherwise required by applicable law, to indemnify WehnerEd LLC pursuant to Section 15 to the extent that WehnerEd LLC incurs any obligations or other liabilities in connection with such taxes.

5

Privacy Policy

Information and Content provided by you are subject to our Privacy Policy. This policy, as updated from time to time, may be found at Privacy Policy.

6

Trademarks and Copyrights; No Duplication of Any or All of Website.

Certain names, logos, and/or phrases in our Website may constitute trademarks and/or copyrights of WehnerEd or its clients. The mark “WehnerEd” and the contents of this Website are the sole property of WehnerEd, LLC. Reproduction in whole or in part is strictly prohibited without the expressly written permission of WehnerEd.

All of the writing on our Website is the copyrighted property of WehnerEd, LLC and is protected as such. None of the material may be reproduced without our prior written permission. This copyright extends from original material, to the material contained in the books for sale, to the raw compilations of posts in our folders, to any edited and filtered compilations of posts that we may sell and distribute. The right to download and store or output the materials found on WehnerEd is granted for viewing use only. Materials may not be reproduced in any form. Any reproduction or editing by any means mechanical or electronic without the explicit written permission of WehnerEd is expressly prohibited.

WehnerEd and WehnerEd’s staff are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated on our Website or for any results obtained from the use of such information or advice. WehnerEd will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained in this Website.

7

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. WehnerEd does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

8

No Responsibility for Third Party Links

WehnerEd may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that WehnerEd is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that WehnerEd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

9

Content | General rules re Use of Site | Aggregate and Anonymous Content

You understand that all information, code, data, files, text, images or other materials (collectively “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not WehnerEd, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. WehnerEd does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable or illegal in your jurisdiction. Under no circumstances will WehnerEd be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to follow the following general rules in using the Website:

    • No strong, vulgar, obscene, or otherwise harmful language.
    • No racially, ethnically or otherwise, objectionable language.
    • No harassing, intimidating, stalking, or threatening other community members.
    • No libelous, defamatory, or otherwise tortuous language.
    • No online vandalism. This includes using abusive language and repeatedly hitting the return key in the chat room, or otherwise acting in a manner that negatively impacts the ability to engage in real time exchanges.
    • No impersonating any person, including, but not limited to, other community members or employees of WehnerEd.
    • No posting, distributing, transmitting, or promoting illegal content.
    • No invasion of another’s privacy.
    • No actions that are harmful to minors.
    • No manipulation or forging of identifiers in order to disguise the origin of any information posted on WehnerEd site or otherwise provided to WehnerEd or its employees.
    • No posting, providing, transmitting, or otherwise making available any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law.
    • No use of any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site
    • No posting, providing, transmitting, or otherwise making available any junk mail or spam.
    • No posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, Trojan horses, viruses, etc.).
    • No posting, providing, transmitting, or otherwise making available any information which violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange.
    • No collecting, storing, or posting of personal data about or of other community members.

WehnerEd does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service and Content you enter into your accounts and projects you grant WehnerEd the following worldwide, royalty-free and non-exclusive license(s): the perpetual, irrevocable, assignable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. Such Content will be anonymized and aggregated and identified by general geographic location. Such Content will not be identified personally or by project.

WehnerEd and its vendors, suppliers and partners shall have a worldwide, perpetual, irrevocable, royalty-free right to use aggregated and/or anonymous Content in connection with our and our vendor’s, supplier’s and partner’s business operations including, without limitation, combining such Content with other similar Content from you and other users.

10

Use of Member Information Prohibited

Content from www.WehnerEd.com, including but not limited to any member profile information such as member names, email addresses, member contact information, or member-personalized information, may not be taken from the website and used for any purpose. Names, email addresses and other contact information from member profile information or the pages and postings on this site may not be used by outside vendors or other third parties for purposes of solicitation. Unsolicited emails to our members or to vendors may constitute misrepresentation, misappropriation of WehnerEd’s business name and reputation, unfair competition, and may also violate laws that prohibit unsolicited email, for which WehnerEd shall be entitled to take appropriate legal action including seeking injunctive relief, an accounting of profits, damages, legal fees and costs. Notwithstanding the foregoing, WehnerEd users may link to this website, but only upon obtaining written consent of WehnerEd.

11

Changes and Modifications to Website

WehnerEd reserves the right from time to time to make modifications and changes to our Website. These modifications and changes may include, but are not limited to, discontinuing, temporarily or permanently, any service offered by, or through WehnerEd (or any part thereof) with or without notice. You agree that WehnerEd shall not be liable to you or to any other party for any changes and modifications to our Website

12

Links | Advertising

Any links provided by WehnerEd or third parties to other websites are included for informational purposes only and do not imply an affiliation with, endorsement or a sponsorship of other sites. You further acknowledge and agree that WehnerEd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

13

Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WehnerEd or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

You shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by WehnerEd for use in accessing the Service.

14

Termination

You agree that, under certain circumstances and without prior notice, WehnerEd may terminate your access to WehnerEd, including purging your user account and any material and information associated with your user account (including your user name, password, registry and profile). Cause for such termination shall include, but not be limited to, violation of the provisions set forth in sections 1, 4, 6, 9, 10, and 13 of this Terms of Use agreement. You acknowledge and agree that all terminations for cause shall be made in sole discretion of WehnerEd and that WehnerEd shall not be liable to you or any other party for the termination of your access to our Website or the purging of any material.

WehnerEd strongly recommends You export all Your Content before any termination or cancellation of Your Account. Following the termination or cancellation of Your subscription to the Service and/or Your Account. We reserve the right to delete all Your Content in the normal course of operation any time after the expiry of 14 days after the cancellation or termination of Your Account. Your Content cannot be recovered once it is deleted.

WehnerEd reserves the right to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or
Agents’ or End-Customers’ rights to access and use the Service, and remove, disable and discard any of Your Data if We believe that You, Your Affiliates, Agents or End-Customers have violated these Terms. You will be liable to pay WehnerEd any fees outstanding or due until the date of termination. Unless legally prohibited from doing so, WehnerEd will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions, and provide You with an opportunity to cure such breach within 15 days from notification by WehnerEd to You. You are responsible for keeping your account and contact information up to date. WehnerEd shall not be liable to You, Agents, End-Customers or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You, Agents or End-Customers may be referred to law enforcement authorities at our sole discretion. WehnerEd shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

If your account goes dormant due to non-payment or termination for any reason, you will be unable to access or use or modify the Content in your account. WehnerEd will continue to store your Content until such time as you reactivate the account with payment provided you have not violated this Terms of Use Agreement.

15

Warranty Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WehnerEd EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WehnerEd MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE IN OUR WEBSITE WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF WEBSITE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WehnerEd OR FROM ANY SERVICE PROVIDED IN OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

16

Limitation of Damages

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WehnerEd SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF WehnerEd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WehnerEd’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $500.00.

17

General Provisions

Operation of Law: You agree that WehnerEd may access, maintain, and disclose information you provide to WehnerEd if required to do so by law or if WehnerEd, in good faith, believes that such access, maintenance or disclosure is reasonably necessary to: (i) comply with any legal process; (ii) enforce WehnerEd’s Terms of Use; (iii) respond to claims that any material or information posted, provided, transmitted, or otherwise made available by you violates the rights of third parties; (iv) respond to your customer service requests; or (v) otherwise protect the rights and property of WehnerEd, its vendors, community members, users and the general public.

Indemnity:You agree to indemnify and hold harmless WehnerEd, its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees, from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you in our Website, or by your use of our Website, or by your violation of WehnerEd’s Terms of Use, or your violation of the rights of another.

Entire Agreement: The Terms of Use constitute the entire agreement between you and WehnerEd and govern your use of our Website and any services offered in our Website. This agreement supersedes any prior terms of use agreements between you and WehnerEd.

Choice of Law: Jurisdiction The Terms of Use and the relationship between you and WehnerEd shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and WehnerEd agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Denver, Colorado.

No 3rd Party Beneficiaries: You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this agreement.

Severability: The failure of WehnerEd to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and provisions of the Terms of use shall remain in full force and effect.

Assignment: You agree that your WehnerEd member account is non-transferable and any rights to your account or contents within your account terminate upon your death. We may, without Your consent, assign our agreement with You to any affiliates or subsidiaries of WehnerEd or in connection with any merger or change of control of WehnerEd or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfill its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.

Limitations You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any services provided in our Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles and Other Headings: The section titles and other headings in the Terms of Use are for convenience only and have no legal or contractual effect.