Terms of service
1. Account Terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
You acknowledge that Xperiencify will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. Xperiencify cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your Xperiencify account ("Course Content"). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of Xperiencify will result in an immediate termination of your services.
In other words: Don't use Xperiencify for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service. If we need to reach you, we will send you an email.
2. Account Activation
Subject to section 2.2, the person signing up for the Service will be the contracting party ("Account Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
In other words: The person signing up for the Xperiencify Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
3. General Conditions
Technical support is only provided to paying account holders and is only available via our help desk which is accessible through the chat app which can be found either inside your account, or on any page of the help center. Look for the chat widget on the lower right hand corner of the page.
You may not use the Xperiencify service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of California.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Xperiencify.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords or Facebook advertising), or domain names that use Xperiencify or Xperiencify trademarks and/or variations and misspellings thereof
Questions about the Terms of Service should be sent to our help desk, through the chat widget in the lower right hand corner of the page.
You understand that your Course Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
If you are on an Xperiencify plan with transaction fees and don’t have written consent from Xperiencify, you agree not to charge people to access your courses other than by collecting payments on the Xperiencify service. Any attempt to bypass the Xperiencify payment system to avoid transaction fees may result in the suspension or cancellation of your account. If you would like to avoid transaction fees please contact us to switch to a no fees plan.
Our "Launch" plan is designed to help make it affordable for people at whatever stage they’re at in their business, and not to used in a back-and-forth style to avoid fees. Unfortunately we have had people abusing this system to save money by upgrading and downgrading within a short period of time. For this reason, we ask for a 6 month commitment on any plan upgrade before you downgrade again.
4. Xperiencify Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, harmful, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Xperiencify customer, Xperiencify employee, member, or officer will result in immediate account termination.
Xperiencify does not pre-screen course content and it is in their sole discretion to refuse or remove any course content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Xperiencify employees and contractors may also be Xperiencify customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Xperiencify retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Xperiencify reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
In other words: We can modify, cancel or refuse the service at anytime. In the event of an ownership dispute over a Xperiencify account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
You expressly understand and agree that Xperiencify shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall Xperiencify or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Xperiencify partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
Xperiencify does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Xperiencify does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Xperiencify does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
In no event will Service Provider's aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the Xperiencify Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.
In other words: We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is "as is" so it may have errors or interruptions and we provide no warranties. The total amount of our potential liability is limited to one month of your fees paid to us.
6. Waiver and Complete Agreement
The failure of Xperiencify to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Xperiencify and govern your use of the Service, superseding any prior agreements between you and Xperiencify (including, but not limited to, any prior versions of the Terms of Service).
In other words: If Xperiencify chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Xperiencify don't apply if they conflict with these terms.
7. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the material you provide to the Xperiencify service. All material you upload remains yours. You can remove your Xperiencify site at any time by deleting your account. This will also remove all content you have stored on the Service.
By uploading Course Content, you agree: (a) to allow other internet users to view your Course Content; (b) to allow Xperiencify to display and store your Course Content; and (c) that Xperiencify can, at any time, review all the Course Content submitted by you to its Service.
You retain ownership over all Course Content that you upload to a Xperiencify site; however, by making your site public, you agree to allow others to view your Course Content. You are responsible for compliance of Course Content with any applicable laws or regulations.
You retain ownership over all content that you submit to a Xperiencify site however, by making your site public, you agree to allow others to view your content.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
In other words: Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
8. Payment of Fees
A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.
All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes").
If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Xperiencify's products and services, including without limitation, your subscription to or purchase of Xperiencify's ecommerce services ("Taxable Offerings"). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
Xperiencify does not provide refunds.
In other words: For live membership sites, a valid credit card is required. You will be billed every 30 days and have 2 weeks to pay. No refunds.
9. Cancellation and Termination
You may cancel your account at anytime by messaging us through the chat app which can be found inside your account, or on any page of the help center. Look for the widget in the lower right hand corner of the page.
Once cancellation is confirmed, all of your Course Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
We reserve the right to modify or terminate the Xperiencify service for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Xperiencify may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
In other words: To initiate a cancellation, message us through the chat widget and let us know to cancel your account. Once cancellation is confirmed, all your content will be permanently deleted. We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
10. Modifications to the Service and Prices
Prices for using Xperiencify are subject to change upon 30 days notice from Xperiencify. Such notice may be provided at any time by posting the changes to the Xperiencify Site (Xperiencify.com) or the administration menu of your Xperiencify site via an announcement.
Xperiencify reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
Xperiencify shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
In other words: We may change or discontinue the service at anytime, without liability.
11. Optional Tools
Xperiencify may provide you with access to third party tools over which Xperiencify neither monitors nor has any control or input.
You acknowledge and agree that Xperiencify provides access to such tools ‘as is' without any warranties, representations or conditions of any kind and without any endorsement. Xperiencify shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
Xperiencify strongly recommends that instructors seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates instructors should charge end users.
In other words: We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.
12. Digital Millennium Copyright Act
12.1 General Policy
Xperiencify has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is Xperiencify's policy to (a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue service to repeat offenders.
12.2 Procedure for Reporting Copyright Infringement
If you believe that Content residing on or accessible through the Xperiencify web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Xperiencify is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
12.3 Once Proper Bona Fide Infringement Notification is Received by Xperiencify's Support Team
It is Xperiencify's policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to Xperiencify. If no legitimate counter-notice is supplied, the infringing content will be removed from the system.
12.4 Procedure to Supply a Counter-Notice to Xperiencify
If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to Xperiencify's Support Team listed below:
- A physical or electronic signature of the Content provider or user;
- Identification of the Content that is claimed to be infringing
- A statement that the Content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the Content; and
- Content provider's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's or user's address is located, or if the Content provider's or user's address is located outside the United States, for any judicial district in which Xperiencify is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Xperiencify's Support Team, Xperiencify will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.
12.5 Designated Agent to Receive Notification of Claimed Infringement
Please contact Xperiencify's Support Team to Receive Notification of Claimed Infringement at the following address:
Name: Xperiencify.com, Attn: Copyright Infringement
Email: [email protected]
Address: 21057 Mendenhall Ct, Topanga, CA 90290
Telephone: 1 (424) 239-4635
In other words: Xperiencify respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don't think the claim is valid, you can proceed with a counter notification.
For everyone else this means: If you believe one of our customers is infringing your intellectual property rights, you can send Xperiencify a DMCA Notice. We will expeditiously disable access or remove the content and notify the customer. Be advised that we post all notices we receive.
13. Xperiencify Experts
Xperiencify Experts is an online directory of independent third parties ("Experts") that can help you build and operate your Xperiencify site. Xperiencify does not employ Experts and is in no way affiliated with Experts.
Xperiencify does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of Xperiencify and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
Under no circumstances shall Xperiencify be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Xperiencify experts. These limitations shall apply even if Xperiencify has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
In other words: Experts are not employees of Experiecify and we are not responsible for them.