Terms of Use

Last Updated: March 8, 2021

Introduction 

Thank you for your interest in the AELYN online courses (the “Program”) offered by EMPWR, Inc. dba AELYN (“AELYN”).

Access to Site and Program. The following terms and conditions (the “Terms”) govern your use of the AELYN website at domain name ________________.___ (the “Site”) with access to the Program, including all content, information, and functionality displayed or available through the Site (the “Services”). By using or accessing the Site, you agree to be bound by the Terms set forth herein, including without limitation to AELYN’s Privacy Policy [Link to privacy policy] and any supplemental terms, legal notices, and other communications. These Terms contain important information related to your legal rights, remedies, and obligations in connection with your use of the Site and access to the Program. If you do not agree to be bound by these Terms, please immediately stop accessing or using the Site. By using the Site and/or Services, you agree to be bound by the Terms herein. 

Communication. You agree to receive communications from or on behalf of AELYN at any email address, phone number, or other point of contact you provide through the Site. You further agree that all Terms, agreements, notices, disclosures, and other communications provided to you electronically satisfies any legal requirement as if provided to you in writing. 

Use of Site Materials. AELYN owns all content and other materials on the Site and the Program, including but not limited to all text, designs, trademarks and service marks, logos, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, photographs, images, illustrations, audio clips, video, html, source and object code and the selection and arrangement thereof (collectively “Content”).

You may view, access, download and print hard copies of the Content for personal, educational, and non-commercial use only. You may not change the Content in any way or reproduce, publicly display, distribute, or otherwise use the Content for any public or commercial purpose. AELYN strictly prohibits any use of the AELYN for any purpose not specifically identified or authorized in these Terms or expressly permitted by AELYN. You agree not to copy, reproduce, alter, modify, create derivative works or publicly display any Content from the Site or Program.

All Content, Services and software displayed on, transmitted through, or used in connection with the Site or Program is owned by AELYN. You may use the Content online only, and solely for personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for personal, non-commercial use, provided you do not remove any trademark, copyright or other legal notice from the Content. No other use is permitted without prior written permission from AELYN. The permitted use described in this section is contingent on your compliance at all times with these Terms. 

Except where explicitly provided for herein or on the Site, you may not republish any portion of the Content on any Internet, Intranet, extranet site or any other online or offline publication, or incorporate the Content in any database, compilation, archive, cache, or similar medium. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy AELYN’s Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site nor to insert any code or product or manipulate the Content or the Site in any way, and not to use any data mining, data gathering or extraction method. The use of such methods may violate the Copyright Act, the Computer Fraud and Abuse Act, and other federal and state laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to the Content displayed on the Site without written permission from AELYN. 

Member Account, Password and Security. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify AELYN of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. AELYN will not be liable for any loss or damage arising from your failure to comply with this Section.

Enrollment Fee. Full payment of the enrollment fee is due at the time of registration. You can pay by debit or credit card. You will receive access to the Program when full payment is received and cleared. The enrollment fee covers Program registration and participation, and all other Program content.  

Refund Policy. If, for any reason [or specific reason?], you are not satisfied with the Program ordered from AELYN, you can request a refund. Refund: 100 percent of registration fee if cancelled prior to the start of the course; 75 percent if cancelled during the first week of the course; and 50 percent if cancelled in the second week of the course. No refunds after the second week of the course. To make a request for a refund, submit a written request to _____@_____.___. Refunds are issued in the same form of payment originally used for purchase usually within 7 to 14 business days.  

-OR-

Refund Policy. You may withdraw from the Program at any time. However, once registered and logged in to the Program, no refund will be issued for any reason. 

Course Cancellation. AELYN reserves the right to cancel a course in the Program due to insufficient enrollment [or is it work at your own pace?]. Registrants will be notified via email at least one week before the scheduled course date. In case of a cancellation, you will have the choice of moving to the next course date or receiving a full course fee refund. 

Course Transfer. The option to transfer is valid up to 5 days after you have access to the Program. There is no extra cost to transfer to another subject, but you must complete a course within 6 months from the time you registered for the course. If after 6 months you have not completed the course, your registration will be considered closed. 

System Availability. The Program is generally available 24×7 but may be down during times of maintenance required for optimum system performance. AELYN will make every effort to inform you of system downtime in advance, but this is not always possible. AELYN cannot provide support for computers that do not meet its system requirements. 

Program System Access. You agree not to use any robot, spider or other device, process or means to access the Program. Nor shall you use any process to monitor or copy the Site or the Content contained thereon or for any other unauthorized purpose. You agree not to compromise or circumvent the security controls of the Site or Program or otherwise gain unauthorized access to the Program. You agree not to use any device, software or routine that interferes with the proper working of the Program nor shall you attempt to interfere with the proper working of the Program. You agree not to take any action that imposes an unreasonable or disproportionately large load on AELYN’s infrastructure.   

Mobile Services. The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your AELYN account information to ensure that your messages are not sent to the person that acquires your old number.

Recurring Subscriptions. If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize AELYN to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that AELYN is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, AELYN, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.

AELYN may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.

Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

If you purchase any Service through a mobile purchase or third party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third party marketplace will apply, unless otherwise explicitly stated by AELYN. Except as otherwise explicitly stated by AELYN, the third party marketplace will be solely responsible for making refunds under its refund policy, and AELYN will have no refund obligations. AELYN disclaims any responsibility or liability related to any third party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy. If you subscribed via iTunes on your Apple mobile device, you can cancel by going to your Account Settings in the App Store. You can find Subscriptions in the Settings app on your device under iTunes & App Store, and then select your Apple ID. If you subscribed via the Google Play Store on your Android mobile device, you can cancel by opening the Google Play Store and selecting Menu Subscription. You can select the subscription you want to cancel or update and then follow the onscreen instructions.

If you subscribed on AELYN’s website, you can cancel by contacting customer support at _______@_____.___ by going to [settings in your account, selecting Cancel under the Subscription box and then following the onscreen instructions to continue and cancel subscription].

Fees. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide AELYN information regarding your credit card or other payment instrument. You represent and warrant to AELYN that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay AELYN the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and these Terms. You hereby authorize AELYN to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let AELYN know within sixty (60) days after the date that AELYN charges you. We reserve the right to change AELYN’s prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. 

Trademarks, Slogans and Logos. AELYN is the owner of the marks AELYN, FIND YOUR OWN SUCCESS A logo and the “Aelyn: independent. powerful. complete.” slogan. Misuse of AELYN’s marks is strictly prohibited. AELYN will seek to enforce its rights to the fullest extent of the law. 

Copyright and Proprietary Property for Manuals and Course material. All copyright protection relating to any course materials provided or made available by AELYN remain the sole property of the copyright holder. No part of any course materials may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or translated into any language.

Digital Millennium Copyright Act(“DMCA”) Notice. AELYN respects the copyright interests of others. Materials may be made available via the Site through third parties not within AELYN’s control. AELYN is under no obligation to, and does not, scan content for illegal or impermissible content used in connection with the Site. It is AELYN’s policy not to permit materials known to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to AELYN’s designated agent as follows:
___________________
Attn: ______________.
___________________
Email: _____________

It is AELYN’s policy to terminate relationships with third parties who repeatedly infringe the copyrights of others.

Eligibility. By using or accessing the Site, you represent you are at least 18 years of age and capable of agreeing to the Terms set forth herein. 

Hyperlinks. The Site may contain links to other websites (“Third Party Links”) provided solely as a convenience during your use of the Site. AELYN does not endorse such websites and is not responsible for any content contained therein. If you decide to access any Third Party Links, you do so entirely at your own risk. 

Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AELYN, ITS SUBSIDIARIES, AGENTS, AND/OR AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: 

(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSS; 

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: 

(1) ANY CHANGES WHICH AELYN MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE); 

(2) DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE; OR 

(3) YOUR FAILURE TO PROVIDE AELYN WITH ACCURATE INFORMATION. THESE LIMITATIONS ON AELYN’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT EITHER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 

General Disclaimer and Limitation of Liability.  

While AELYN uses reasonable efforts to include accurate and up-to-date information, neither the Site nor AELYN make any warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. The Site and AELYN do not represent or warrant that use of any Content will not infringe rights of third parties. The Site and AELYN have no responsibility for actions of third parties or for content provided by others, including without limitation User Content. 

USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER AELYN, THE SITE, NOR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS OR CONTENT PROVIDERS, MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, AND/OR THE RESULTS THAT MAY (OR MAY NOT) BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. THE SITE, AELYN AND ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS OR CONTENT PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS OR MALWARE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY. THE SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. THE SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, AELYN AND/OR ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS OR CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, AELYN AND/OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS OR CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF THE AMOUNT YOU PAID TO USE THE SITE. 

Program Warranty. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE FOR THE USE OR RESULTS OF THE PROGRAM AND MATERIALS, THAT YOU WILL SUCCESSFULLY COMPLETE THE PROGRAM, OR THAT ANY PARTICULAR LEVEL OF KNOWLEDGE WILL BE ATTAINED BY YOU. AELYN DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.   

Indemnity. You agree to indemnify, defend and hold harmless the Site and AELYN, as well as each of its respective parent companies, and each of their respective partners, suppliers, officers, directors, shareholders, members, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) in any and all jurisdictions arising from or relating to any allegation regarding: (1) your use of the Site; (2) the Site’s and/or AELYN’s use of any information you provide, as long as such use is not inconsistent with these Terms; (3) information or material provided through your registration account, even if not posted by you; and (4) any violation of these Terms by you. Your obligation to defend and indemnify AELYN shall survive the termination of your use of the Site. 

Modifying these Terms. AELYN reserves the right to change these Terms at any time at its discretion and to notify users of the changes solely by changing the Effective Date of these Terms. The most current version of these Terms will supersede all previous versions. Your continued use of the Site after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. Your use of the Site prior to the time these Terms were posted will be governed according to the Terms that applied at the time of your use. 

Discontinuation of Service. The Site may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Program at any time, without notice or liability. The Site may deny access to any registered member or other user at any time for any reason, or no reason at all in its sole discretion. In addition, AELYN may at any time transfer rights and obligations under these Terms to any affiliate, subsidiary or business unit, or any of its affiliated companies or divisions, or any entity that acquires AELYN, the Site or any of its respective assets. 

Statute of Limitations. To the extent allowed by law, you agree to file any claim regarding any aspect of this Site, the Program or these Terms within 6 months of the time in which the events giving rise to a claim began, or you agree to waive such claim. 

By agreeing to these Terms, you agree to resolve any and all disputes with AELYN as follows: 

Initial Dispute Resolution. Most disputes can be resolved with customer support. You can reach customer support at _______@_______.___. Except for intellectual property and small claims court, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with customer support, and good faith negotiations shall be a condition to either party initiating legal action. 

Applicable Laws. You acknowledge and agree that any and all disputes, claims, and causes of action arising out of, or in connection with, in whole or in part, your use of the Site or the Program shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Orange County, California. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or the rights and obligations of AELYN shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules. 

Severability. The various provisions contained within the Terms and Privacy Policy are separate and independent. Should any term be declared unlawful, invalid, or unenforceable for any reason by a court or other appropriate tribunal, the remaining provisions and terms shall remain in full force and effect. 

Entire Agreement. The Terms and Privacy Policy shall constitute the entire agreement between you and AELYN with respect to the Site and Program. The Terms and Privacy Policy shall be binding on the parties and their respective successors and assigns. 

Questions and Contact Information. If you have any questions or comments related to the Site or Program, please contact AELYN at ______@_______.____.