Collective of Flourishing LLC Policies, Course Participation Disclosure and Waiver
For all public and private courses offered by Collective, including but not limited to The Liminal Zone short course and The Art of Getting Unstuck.
Effective date: November 23, 2024
Privacy Policy
Last updated: November 23, 2024
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Application refers to Collective App, the software program provided by the Company.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Collective of Flourishing LLC, 4669 Gulf Boulevard #521, St Petersburg, FL, 33706.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Florida, United States
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Application or the Website or both.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Collective, accessible from https://collectiveinc.co/
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
Google
Facebook
Instagram
Twitter
LinkedIn
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies on TermsFeed website article.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Delete Your Personal Data
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
By visiting this page on our website: https://collectiveinc.co/hello
Terms and Conditions
Terms and Conditions
Agreement between User and Collective of Flourishing LLC
The https://collectiveinc.co/ website and services (the "Site") are comprised of various web pages and digital services (including and not limited to live course sessions, recorded course sessions, 1:1 calls with coaches, digital interactions on and off of https://collectiveinc.co/ and https://experiences.collectiveinc.co/ and the Circle platform it sits on) operated by Collective of Flourishing LLC ("Collective"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of The Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
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Privacy Your use of The Site is subject to Collective's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications Visiting The Site or sending emails to Collective constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Collective is not responsible for third party access to your account that results from theft or misappropriation of your account. Collective and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen Collective does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use The Site only with permission of a parent or guardian.
Cancellation/Refund Policy You may cancel your subscription at any time. Cancellation will apply at the end of the service term, and you may apply for a refund for time unused. Please contact us at https://collectiveinc.co/hello with any questions.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Collective and Collective is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Collective is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Collective of the site or any association with its operators.
Certain services made available via The Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the The Site domain, you hereby acknowledge and consent that Collective may share such information and data with any third party with whom Collective has a contractual relationship to provide the requested product, service or functionality on behalf of The Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use The Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Collective that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Collective or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Collective content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Collective and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Collective or our licensors except as expressly authorized by these Terms.
Use of Communication Services The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Collective has no obligation to monitor the Communication Services. However, Collective reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Collective reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Collective reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Collective's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Collective does not control or endorse the content, messages or information found in any Communication Service and, therefore, Collective specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Collective spokespersons, and their views do not necessarily reflect those of Collective.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to The Site or Posted on Any Site Location Collective does not claim ownership of the materials you provide to The Site (including feedback and suggestions) or post, upload, input or submit to any Collective Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Collective, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Collective is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Collective's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts You will be able to connect your Collective account to third party accounts. By connecting your Collective account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users The Service is controlled, operated and administered by Collective from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Collective Content accessed through The Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification You agree to indemnify, defend and hold harmless Collective, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Collective reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Collective in asserting any available defenses. Specifically, you acknowledge that the Site and services (courses, 1:1 calls or other) do not constitute therapy or mental health support of any nature, and that you are responsible for accessing any and all needed mental health support from a licensed professional.
Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Collective agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COLLECTIVE OF FLOURISHING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
COLLECTIVE OF FLOURISHING LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. COLLECTIVE OF FLOURISHING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLLECTIVE OF FLOURISHING LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COLLECTIVE OF FLOURISHING LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction Collective reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Collective as a result of this agreement or use of the Site. Collective's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Collective's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Collective with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Collective with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Collective with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms Collective reserves the right, in its sole discretion, to change the Terms under which The Site is offered. The most current version of the Terms will supersede all previous versions. Collective encourages you to periodically review the Terms to stay informed of our updates.
Contact Us Collective welcomes your questions or comments regarding the Terms: https://collectiveinc.co/hello
Refund Policy We want to make sure you’re 100% happy. If you’re not for any reason, contact us. We want you to be successful, and we’ll work with you to find a solution.
The product and/or services referenced herein is sold with a no refund policy. Fees assessed by Collective are non-refundable, and Collective does not provide Fee refunds or credits for partially used or unused subscriptions. If you sign up for a Service subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. If Company chooses at its sole discretion to issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future. In the event of a refund or credit, the amount refunded or credited will be determined by Collective in its sole discretion. If you have any questions or concerns about this refund policy, please contact us at collectiveinc.co/hello.
If you wish to cancel any Company subscription (including subscriptions for services) at any time, you must submit a cancellation request to us via our support . For monthly and annual subscriptions (including subscriptions for services and software), we require at least ten (10) days’ notice of cancellation collectiveinc.co/hello. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to Collective. For annual subscriptions, we also require at least ten (10) days’ notice of cancellation by email. If you provide such notification less than ten (10) days before the first day of your next subscription year, your credit card may still be charged. If you cancel before the end of your year, you will not be entitled to a refund. Growthworks in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
Effective as of November 23, 2024
Participation Release
Effective as of November 23, 2024
This Participation Release (“Agreement”) shall confirm that the undersigned person (the “Course Participant”) has granted permission to COLLECTIVE OF FLOURISHING LLC (“COLLECTIVE”) and its successors, assignees, and licensees to use Course Participant’s name, likeness, appearance, photograph, voice, the right to simulate Course Participant’s voice (collectively the “Name and Likeness”) as the Name and Likeness appears in any media recorded or captured by COLLECTIVE (the “Media”), and in connection with sharing the event with other participants (present and future) in the services offered by COLLECTIVE. Video clips and images may be used for advertising and general publicizing, though in that context, Course Participant voices and comments will be protected by confidentiality. This Agreement incorporates herein any agreement signed between the parties and in effect as of the date of purchase of course, and supersedes all other prior negotiations, representations, or agreements, either written or oral, between the parties relating to the subject matter hereof, unless otherwise stated in writing.
CONSENT. For good and valuable consideration, sufficiency and receipt of which is hereby acknowledged, the Course Participant hereby grants to COLLECTIVE and to its licensees, assigns, and other successors-in-interest all rights of every kind and character whatsoever in perpetuity in and to Course Participant’s Name and Likeness in connection with the Media and hereby authorizes COLLECTIVE to edit same at its discretion. Said Name and Likeness may be included with the performance of others and with sound effects, special effects, and music. COLLECTIVE may use and license others to use such Media in any manner or media whatsoever for current and future course participants. Permission is granted to include name and likeness but not content of statements (unless granted in writing (email or otherwise)) for purposes of publicity, advertising, and sales promotion for the Media. COLLECTIVE may use Course Participant’s Name and Likeness for purposes of course development and offerings to others and in other courses, or for other related purposes. Course Participant agrees that COLLECTIVE owns all rights and proceeds of the Media for all purposes whatsoever in perpetuity throughout the universe. Course Participant agrees that COLLECTIVE is not obligated in any way to use Course Participant’s Name and Likeness or anything else granted herein or any portion thereof in any medium.
RELEASE. Course Participant specifically releases COLLECTIVE, its agents, employees, licensees and assigns from and against any and all claims that Course Participant has or may have in the future arising out of the production, distribution, publication, broadcast or exhibition of Course Participant’s Name & Likeness or the Media as permitted by this release. Course Participant understands and expressly agrees that Course Participant will not and cannot pursue injunctive relief for any claim arising out of this Agreement or the Media. Course Participant hereby acknowledges the existence of his or her statutory moral rights as described in 17 U.S.C. 106A(a), and knowingly waives such moral rights and releases COLLECTIVE, its agents, employees, licensees and assigns from and against any and all claims which Course Participant has or may have in the future arising out of the production, distribution, publication, broadcast or exhibition of the Media as permitted by this waiver and release of Course Participant’s moral rights. Specifically, Course Participant hereby expressly and forever waives any and all rights arising under 17 U.S.C. 106A, and any rights arising under U.S. federal or state law or under the laws of any other country that convey rights of the same nature as those conveyed under 17 U.S.C. 106A, or another type of moral right or adroit moral. If the Media is one to which the provisions of 17 U.S.C. 106A apply, Course Participant hereby waives and appoints COLLECTIVE to assert on the Course Participant’s behalf the Course Participant’s moral rights or any equivalent rights regarding the form or extent of any alteration of the Media (including, without limitation, removal or destruction) or the making of any derivative works based on the Media, including, without limitation, photographs, drawings or other visual reproductions of the Media, in any medium, for COLLECTIVE’s purposes.
PUBLICITY AND CONFIDENTIALITY. Course Participant understands and agrees that all publicity in connection with the Media is under the sole control of COLLECTIVE and its licensees. Except as otherwise authorized in advance in writing by COLLECTIVE, Course Participant will not him or herself, or authorize others to, use or disclose to any party any Confidential Information or trade secrets obtained or learned as a result of Media Participant’s participation in creating the Media. For the purposes hereof, “Confidential Information” shall include, without limitation, the events which take place as part of creating the Media, the outcome or contents of any episode of the Media, information regarding the Media’s concept, format and/or ideas, the participant selection process, identities of participants, and any other confidential and/or proprietary information relating to the Media and/or of COLLECTIVE or its assignees or licensees.
WARRANTY. Course Participant represents that COLLECTIVE’s exercise of the rights described herein shall not violate or infringe any rights of any third party. Course Participant understands that COLLECTIVE has been induced to proceed with the production, distribution, and exploitation of the Media in reliance upon this Agreement.
REMEDIES. In addition to any and all other remedies available to COLLECTIVE, Course Participant acknowledges and agrees that any breach or threatened breach of this Agreement due to the unauthorized disclosure or threatened disclosure by Course Participant to third parties of any Confidential Information will cause irreparable harm to COLLECTIVE and shall entitle COLLECTIVE to obtain (without posting any bond), an ex parte restraining order, preliminary injunction and permanent injunction preventing the disclosure, or any further disclosure, of any Confidential Information. Course Participant agrees that Course Participant’s remedies for any breach of this Agreement by COLLECTIVE or others will be limited to damages and in no event will Media Participant be entitled to rescind this Agreement or to seek any injunctive or other equitable relief.
CHOICE OF LAW AND FORUM. This Agreement and any dispute or controversy relating to the existence, validity, meaning, interpretation, or alleged breach of this Agreement shall in all respects be interpreted, enforced and governed by the laws of Florida and the exclusive forum for any such dispute shall be the state and/or federal courts located in Florida.
MISCELLANEOUS. Course Participant agrees that the invalidity or unenforceability of any part of this Agreement shall in no way affect the validity or enforceability of any of the remainder of this Agreement. Course Participant acknowledges that this Agreement constitutes the entire understanding of the parties and cannot be terminated, rescinded or amended hereafter, except by written agreement signed by all parties. A fax or photocopy of this document shall be deemed an original for all purposes. In the event that any provision hereof shall be invalid or unenforceable due to any law, said provision shall be modified to the minimum extent necessary to effect compliance with such law, and in any event such invalidity or unenforceability shall have no effect upon the remaining terms and condition hereof. This Agreement and the rights hereunder may be freely assigned by COLLECTIVE. This Agreement is personal to Course Participant and may not be assigned by Course Participant, and any assignment shall be voidable by COLLECTIVE.
COURSE PARTICIPANT’S PARTICIPATION IN THE COURSE CERTIFIES THAT COURSE PARTICIPANT HAS CAREFULLY READ/THE DOCUMENT HAS BEEN TRANSLATED IF NECESSARY, EXPLAINED TO COURSE PARTICIPANT AND COURSE PARTICIPANT FULLY UNDERSTANDS THE CONTENTS OF THE DOCUMENT AND SIGNS IT ON MEDIA PARTICIPANT’S OWN FREE WILL. COURSE PARTICIPANT REPRESENTS AND WARRANTS THAT ALL INFORMATION COURSE PARTICIPANT IS PROVIDING TO COLLECTIVE IS VALID, TRUE, AND ACCURATE.
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