Terms and Conditions

Please read these Terms and Conditions carefully before using this Website or Content. 

The Website and the Content are owned by CG Leadership, LLC (the “Company”, “we”, or “us”). The term “you” refers to the user or viewer of cgleadership.co (“Website”) and anyone using any of the Courses (defined below) or portions thereof, any other Content, or any other services made available by us to you on or through the website. Please read these Terms and Conditions (“T&C”) carefully. We reserve the right to change these T&C on the Website at any time without notice, and by using the Website and the Content, you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Website or the Content.

These T&C contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. 

In addition, please note that these T&C contain an arbitration provision (set forth in the section titled “Dispute Resolution and Arbitration” below). Except for certain types of disputes mentioned in the arbitration provision, you and the Company agree that any disputes, issues, claims, or controversies of any kind arising from, relating to or connected with these T&C, the Website, any Content or any other services, goods, products we may provide or make available for purchase, any purchases or other transactions between you and us and/or any Third-Party Merchant (defined below), or any other matters, issues or controversies otherwise arising from, relating to or connected with any other dealings you have or had with in connection with anything previously listed will be resolved by mandatory binding arbitration, and you waive any right to participate in a class-action lawsuit or class-wide arbitration (collectively, “CGL Matters”). 

 

Website Use and Consent

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) are our property and are protected by United States and international copyright laws and other intellectual property laws. You acknowledge and agree that we and our licensors are the sole and exclusive owners of all Content (including all copyright, trademark, and other intellectual property and other proprietary rights in and to any Content), and you have no rights, title, or interest in any Content except for a limited license we may provide you to use certain Content in accordance with these T&C. For the avoidance of doubt, “Content” includes our Performance-Empathy Balance™ In Leadership course or any portion thereof, our proprietary The Performance-Empathy Balance™ (or PEB™) Model program (the “PEB™ Model”) or any portion thereof, any other courses or instructional or educational programs provided by us now or in the future or any portion thereof (together with our Performance-Empathy Balance™ In Leadership course, the “Courses”), any and all words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property comprising or related to any Course, as well as any newsletters, blog posts, and other texts, materials, images, audio and/or visual records, or other information or materials, including any we post or make available on or through the Website or on or through any third-party social media network or other platform on or through on account owned and/or operated by us. For the avoidance of doubt, Content includes anything described above in this paragraph as “Content” that we provide or make available to you in connection with your accessing of or use of the Website or as a result of any purchase or other transaction you enter into on or through the Website notwithstanding the fact that is not provided to you by or through the Website, but by or through other means and/or channels.

If you have purchased a service, program, product or subscription or otherwise entered into a separate agreement with us, you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.

By accessing or using this Website and the Content, you represent and warrant that you are an individual at least 18 years old, you are accessing this Website and the Content solely for your own personal use and not on behalf of any other individual or legal entity, and that you agree to and abide by these T&C. Any registration by, use of or access to the Website and the Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C. 

(In the event you are an individual acting on behalf of a legal entity that seeks to obtain a license to access the Website and any Content for its own internal, business purposes, please contact us at [email protected] to learn how your legal entity may engage with us for that purpose.)

 

Intellectual Property Rights

Our Limited License to You. This Website and the Content are property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. 

If you view, purchase or access our Website or any of the Content, you will be considered our licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. By using the term “non-transferable,” we mean that the limited license we grant you in these T&C so you can access or use the Website, the Content, or any portion thereof may not be shared, transferred, or otherwise made available to access or use to any other individual or legal entity for any purpose unless we have provided our express prior written consent for each such instance. 

As a licensee, you understand and acknowledge that this Website and the Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website and the Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this Website or the Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. 

When you purchase or access our Website or any of the Content, you agree that:

  • You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or the Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
  • You will not use automated tools like robots, spiders, or scrapers to access or monitor the Website or any Content or copy, sell, or otherwise misuse any part of the Website or any Content, without our express prior written permission. You also agree not to bypass our systems, turn on disabled features, or try to reverse-engineer how our Website works. 
  • Any usage of this Website, any Content, or any portion thereof for artificial intelligence (AI) training, use, or any related purposes, whether collected manually or automatically, is strictly prohibited without our prior written permission in each instance. For the avoidance of doubt, the prior sentence means, without limitation, that you will not to use, access, copy, download, scrape, or otherwise interact with this Website, the Content or any portion thereof, in any manner that involves the use of artificial intelligence (AI) technologies or tools (including, without limitation, generative AI, large language models, automated bots, or similar systems), whether for data mining, training, analysis, content generation, or any other purpose, without our express prior written consent in each instance. Any of the unauthorized activities described in the prior two sentences is strictly prohibited and may result in termination of your access to and use of the Website and our taking legal action as a consequence.
  • You are permitted from time to time to download and/or print one copy of individual pages of the Website or the Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained. 
  • You may not in any way at any time use, copy, adapt, imply or represent that our Website or the Content is yours or created by you. By downloading, printing, or otherwise using our Content for personal use, you in no way assume any ownership rights of the Content – it is still our property. 
  • You must receive our written permission before using any of our Content for your own business use or before sharing it with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Content because that is considered stealing our work. 
  • We are granting you a limited license to enjoy our Website and the Content solely for your own personal use, not for any own business/commercial use or in any way that earns you or any third party any compensation, unless and solely to the extent we have provided you with express written permission to do so.

The trademarks and logos displayed on our Website or the Content are trademarks belonging to us, unless otherwise indicated. Any use, including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license are reserved by us.

For the avoidance of doubt, the PEB™ Model is a proprietary and confidential program owned by CG Leadership, LLC. Any unauthorized distribution and usage are strictly prohibited.

Matters Concerning Connie Gao’s Likeness. Connie Gao is the owner and operator of the Website and the primary creator of the Content. As part of the T&C, you acknowledge and agree that neither you, nor any third party acting at your direction or on your behalf, have the right to use, reproduce, publish, display, distribute, or otherwise exploit, in any manner or for any purpose whatsoever, any aspect of Connie Gao’s name, image, likeness, photograph, voice, signature, or other biographical information, without express prior written consent provided by us or by Connie Gao.

Your License to Us. By posting or submitting any material on or through our Website, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old. 

When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, consent to make it part of our current or future Website and the Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You may, however, at any time, ask us to delete this information. Your rights regarding this personal information can be found in our Privacy Policy.

 You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason. 

Request for Permission to Use Content. Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to [email protected].

We very clearly state that you may not use any Course or portion thereof or any other Content in any way that is contrary to these T&C unless and solely to the extent we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and the Content.

Digital Millennium Copyright Act. We respect others’ copyright and intellectual property rights. However, if you believe that the Content on this Website infringes upon any copyright owned by you and was posted on our Website without your authorization, you may provide us with notice requesting that we remove the information from the Website. Any request should only be submitted by you or an agent authorized to act on your behalf to [email protected].

Personal Responsibility and Assumption of Risk

As a licensee, you agree that you are using your own judgment in using our Website and the Content, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of the Content. This Website and the Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of the Content.

 

Disclaimer; Limitations of Liability

Our Website and the Content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and the Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you. 

Medical Disclaimer. This Website and the Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietician or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, the Content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever. 

Legal and Financial Disclaimer. This Website and the Content are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Website and the Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website or the Content. You are solely responsible for your results.

Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health, physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Website or the Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or the Content, and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our Website or the Content. You agree that your results are strictly your own, and we are not liable or responsible in any way for your results.

Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR WEBSITE OR ITS CONTENT. YOU AGREE THAT OUR WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE CONTENT, OR ANY THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Technology Disclaimer. We try to ensure that the availability and delivery of our Website and the Content are uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website or the Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or the Content inaccessible to you.

Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or the Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of medical, technological and scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our Content. We assume no liability for errors or omissions on the Website, the Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law. 

Links to Other Websites. We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or the Content. These links are provided for your convenience, and the inclusion of any link in our Website or the Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or the Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites, and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Limitations on Linking and Framing. You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by us in our Website or Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

 By purchasing and/or using our Website and the Content in any way or for any reason, you also implicitly agree to our full Website Disclaimer. For the avoidance of doubt, our Website Disclaimer is incorporated into these T&C in their entirety and is part of these T&C.

 

Indemnification, Limitation of Liability and Release of Claims

Indemnification. You agree at all times to defend, indemnify and hold harmless the Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, members, managers, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, the Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.

Limitation of Liability. Unless otherwise limited by law, we will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and the Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged in rendering our Website or the Content, or in any way or in any location. In the event that you use our Website and the Content or any other information provided by us or affiliated with us, we assume no responsibility, unless otherwise provided by law.

Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and the Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Non-Disparagement. In the event of a dispute between us, you agree not to engage in any conduct or communications, public or private, designed to disparage the Website, the Content, or us. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

 

Your Conduct

You are agreeing that you will not use our Website or its Content in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and the Content and to us. 

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or the Content. You agree to use the Website and the Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. 

You must use the Website and the Content for lawful purposes only. You agree that you will not use the Website or the Content in any of the following ways:

  • For fraudulent purposes or in connection with a criminal offense, or to otherwise carry out any unlawful activity;
  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others; 
  • To send, negatively impact, or infect our Website or the Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not;
  • To cause annoyance, inconvenience or needless anxiety;
  • To impersonate any third party or otherwise mislead as to the origin of your contributions; or
  • To reproduce, duplicate, copy or resell any part of our Website or the Content in a way that is not in compliance with these T&C or any other agreement with us.

 

Online Commerce

Certain sections of the Website may allow you to make purchases from us or from a third-party individual, merchant, other company, or other legal or natural person (each, a “Third-Party Merchant”). If you make a purchase from us on or through our Website, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, e-mail address, method of payment, the number of the credit card or debit card (a “Payment Card”) you are using for the transaction, and billing information, may be collected by us, a Third-Party Merchant (if applicable), our affiliate software, and/or one or more third-party payment processors (a “Payment Processor”) that we use for the Website. Please review our Privacy Policy for how we comply with securing your personal data.

Notwithstanding any amounts payable to the Company, a Third-Party Merchant, or any other third party on or through the Website, the Company itself does not process payments made on or through the Website. Instead, as stated above, we use one or more Payment Processors to bill you through the Payment Card you provide for a particular transaction. As such, you hereby authorize any Payment Processor we may use to store (and, if applicable, continue billing) any such Payment Card you may use even after such Payment Card has expired. We assume no liability or responsibility for any payments you make on or through the Website when such payments are, in actuality, processed by a Payment Processor. We reserve the right to correct any errors or mistakes that a Payment Processor makes, even if it has already requested or received payment. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due in connection with any transactions you have made on or through the Website upon demand. You authorize us to attempt repeat charges on your Payment Card if an initial attempt to charge fails.

Currently, we use Stripe, Inc. and its affiliates [(“Stripe”)], a third-party payment processor business, as our Payment Processor. By accessing or using the Website or any Content, or by making any purchase or entering into any transactions on or through the Website, you agree that all payments will be processed through Stripe’s payment platform and will be subject to [Stripe’s Payment Terms and Privacy Notice (collectively, the “Stripe Terms”)], including as such may be amended, modified, restated, and/or superseded from time to time. Your payment information will be securely processed and stored by Stripe, and your use of Stripe's payment service is subject to the Stripe Terms, which can be found here. You agree to pay all fees and charges incurred for purchases and other transactions processed through Stripe. We reserve the right to suspend or terminate services by Stripe, as our Payment Processor, where required by Stripe's policies or applicable law. If you have any questions about any Stripe Terms, please contact Stripe for more information. 

Your participation, correspondence, purchases, or other business dealings with any Third-Party Merchant found on or through our Website, as well as all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to any such purchase or other business dealings, are solely between you and such Third-Party Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that are incurred as a result of such dealings with a Third-Party Merchant.

Payment Processors and Third-Party Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the Payment Processors and Third-Party Merchants. In addition, when you make certain purchases through our Website, you may be subject to the additional terms and conditions of a Payment Processor, Third-Party Merchant, or us that specifically apply to your purchase. For more information regarding any Third-Party Merchant and those of its terms and conditions that may apply, visit that Third-Party Merchant’s website and click on its information links or contact the Third-Party Merchant directly. 

To the fullest extent permitted by applicable law, you release us, our affiliates, any Payment Processors that we use, and any Third-Party Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from any purchase you make on or through the Website.

 

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Website and the Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and the Content will still apply now and in the future, even after termination by you or us.

 

Governing Law and Jurisdiction

All disputes, claims, or controversies related to any CGL Matters are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. 

Subject to the section titled “Dispute Resolution and Arbitration” below, all judicial proceedings relating to, connected with, or arising out of any CGL Matters shall be subject to the exclusive jurisdiction of the state or federal courts sitting in the County of New York, State of New York. Both you and the Company hereby consent to personal jurisdiction of the state and federal courts sitting in the County of New York, State of New York, and waive any objections to venue in those courts. 

 

Dispute Resolution and Arbitration

EXCEPT AS EXPRESSLY STATED ELSEWHERE IN THESE TERMS, ANY DISPUTE OR CLAIM RELATING TO ANY CGL MATTERS SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THIS SECTION. 

Except to the extent this may be limited by applicable law, you hereby acknowledge and agree that the only remedy that can be awarded to you, whether through arbitration or otherwise, is a full refund of any payments made by you to us in the twelve (12) months preceding the matter giving rise to a dispute or claim. No award of consequential or of any other type of damages may be granted to you.

Except to the extent this may be limited by applicable law, by using the Website or any Content, or by making a purchase or entering into any other transaction on or through the Website, you hereby agree to a modification of the statute of limitations such that any arbitration, litigation, or other dispute resolution process must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in a Claim Notice (defined below), or shall otherwise be forfeited forever. 

Prior to initiating any arbitration, the party seeking arbitration (“Claimant”) must first send a written notice of claim (“Claim Notice”) to the other party (“Respondent”) by email, by internationally recognized courier service (e.g., FedEx or UPS), or by USPS Certified Mail. This Claim Notice must contain the Claimant’s name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Claim Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. An individual party must be personally present at this settlement conference, and a legal entity party must be present at this settlement conference through an officer, director, consultant, or employee with settlement authority, though both parties may bring counsel as well. Arbitration shall be initiated only if no settlement can be reached at this settlement conference. 

The arbitration shall be conducted by a single arbitrator and administered by the American Arbitration Association (“AAA”) according to its Consumer Arbitration Rules, Procedures for the Resolution of Disputes Through Document Submission, Consumer Fee Schedule, and Supplementary Rules for Multiple Case Filings (“AAA Rules”), and the provisions of this section. Where they conflict, the provisions of this section shall take precedence over any AAA Rules. If the AAA is unavailable to conduct an arbitration, the parties shall arbitrate through another mutually agreed-upon organization or on an ad hoc basis according to the rules in this section. The arbitration shall be conducted in the English language. For a breach of contract claim, if the contract is deemed to be valid by the arbitrator (or a court of law, if arbitration does not occur in accordance with these T&C), the Company, should it be the prevailing party, shall be entitled to recover all reasonable attorney's fees and costs incurred in defending against such action.

 If a claim is within the jurisdiction of a small claims court, either party may choose to have the case heard in the small claims court on an individual basis, instead of arbitration. 

If twenty-five (25) or more similar Demands for Arbitration are filed against or on behalf of the same party or related parties, and if representation of the parties is consistent or coordinated across the cases, then the AAA’s Supplementary Rules for Multiple Case Filings shall apply. Counsel filing twenty-five (25) or more similar Demands for Arbitration against the Company or any other must comply with the AAA’s Filing Requirements for Multiple Case Filings. There shall be no class or collective arbitration, or joinder of claims, except as provided for in the AAA’s Supplementary Rules for Multiple Case Filings.  

If you do not want to arbitrate disputes with the Company and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within thirday (30) days of the day you first access or use the Website. 

Notwithstanding anything in this “Dispute Resolution and Arbitration” section or in the “Governing Law and Jurisdiction” section above, either party may apply for and obtain non-monetary, injunctive remedies or urgent relief in any court of proper jurisdiction without engaging in any arbitration or informal dispute resolution process, and not solely in the federal and state courts located in the County of New York, State of New York. 

 

Contacting the Company

If you have any questions about these Terms and Conditions, please contact us at [email protected].

 

Last Updated: August 27, 2025