1. Objective Kulesa Enterprises LLC ("Strada Growth," "we," "us," or "our") presents a platform that enables individuals to access educational materials and course content for mastering A.I. By utilizing the Strada Growth website and availing any information and services provided through the platform ("Services"), you hereby consent to abide by this Agreement. The effectiveness of the Services is contingent upon your adherence, along with that of other Users (referred to collectively as "you," "your," or "Users"), to the stipulations of this Agreement. While we are committed to upholding the terms of this Agreement to the best of our ability, we cannot assure or affirm that fellow Users will consistently comply with these terms. As a result, we cannot assume the role of insurers nor assume responsibility for any liability arising from their non-compliance.
2. EligibilityBy engaging with or utilizing the Services in any manner, clicking a button, or performing a similar action to indicate your affirmative acceptance of this Agreement, you hereby declare that:
3. Access
Members of Group Communities: You acknowledge that your use of the Services is for personal, non-commercial purposes. Exploiting the Services for commercial gain is prohibited. Content Creators and Group Administrators: Your use of the Services must be on behalf of you or your organization. You must possess the necessary authorizations and rights to use the Services for your organization.
4. Acceptable Use Policy
By utilizing the Services, you agree to the following:
5. Information about our ServicesWe aim for accurate and comprehensive information on our Services, but we can't ensure absolute accuracy, adequacy, quality, or suitability. We disclaim liability for errors in the content. Relying on content via the Services is at your own risk. Links to third-party websites or phone numbers do not imply endorsement or affiliation.
6. Payment Terms
Timely Payment. By agreeing to these terms, the User grants Strada Growth the authorization to charge the User's designated payment method in advance for the total amount of the regular subscription fees, encompassing all selected Services ("Subscription Fees"), for each designated term of the chosen subscription plan. Strada Growth is also granted permission to adjust the Subscription Fees for the chosen subscription term after giving the User a thirty (30) day advance notice via email to the provided registration address. The paid Subscription Fees are non-refundable and accrue on the first day of each term or renewal term, irrespective of the User's utilization of the Site or Services. Some Services on the Site, whether provided by Strada Growth, third-party service providers, or others, may necessitate supplementary fees not covered within the subscription.
The User is obligated to make timely payments for all charges and agrees to furnish payment authorization details upon request from Strada Growth. Failure to fully and punctually settle amounts due to Strada Growth may result in the termination or deactivation of the User's subscription. Should the User's payment method expire or face payment decline, Strada Growth holds the right, without prior notice, to modify, suspend, or terminate the User's access to the Services and Site. All fees are denominated and payable in United States Dollars. The User also assumes responsibility for all applicable taxes linked to Services and/or Content, as well as any other expenses connected to Site or Service usage.
Methods of Payment. By supplying necessary personal information for payment processing in relation to a Strada Growth subscription, the User consents to the Privacy Policy. Payment processing may involve third-party service providers, whose terms and conditions govern in such cases. The User should review these third-party terms and conditions before finalizing payment.
Subscription Term and Auto Renewal. Subscriptions are generally evaluated on a monthly or yearly basis, although alternative billing schemes for other Services might be presented at Strada Growth's discretion. Subscription Fees are calculated from the commencement of the User's paid Subscription. Periodically, Strada Growth might offer diverse subscription terms on its Site, with corresponding fee variations. The duration of the User's Site, Services, and Content access hinges on adherence to these Terms, completion of full subscription payments, and any additional fees. The User's subscription to the Site initially spans the agreed-upon term (e.g. monthly or annually) as established during online registration and will automatically extend for successive renewal terms identical to the initial term, unless terminated by the User or Strada Growth in line with these provisions.
Cancellation. Either the User or Strada Growth retains the right to cancel the User's Subscription at any time, unless specified otherwise in a promotional offer. Upon cancellation by either party, all fees owed to Strada Growth up until the conclusion of the ongoing term's billing cycle will remain payable. Partial billing periods are non-refundable, unless explicitly indicated in a promotional offer. Following cancellation, the User will retain access to Strada Growth until the conclusion of the current billing period. After this period, the User's group will be archived, permitting read-only access to existing content without the addition of new material.
Cancellation of subscription can be done through the following methods:
If Strada Growth, at its sole discretion, believes that an Admin has violated these Terms, it reserves the right to immediately terminate the Admin's Subscription and Services without refund. Fees due up to the termination date shall remain payable. Such termination does not impede Strada Growth's other rights under contract, tort, or other legal theories to pursue claims against the Admin for Term violations, including monetary damages, injunctive relief, attorney's fees, and court costs.
Account Discrepancies. If the User has questions about charges or account status, they can contact Strada Growth via email at [email protected]. If these inquiries remain unresolved for fifteen (15) business days following the initial contact with Strada Growth Support, the User must communicate with Strada Growth in writing at: Kulesa Enterprises LLC, 6704 Oak Knoll Road, Argyle, TX, 76226. Disputes regarding account billing or discrepancies must be raised within ninety (90) days of their discovery, except where mandated by applicable law. Otherwise, all such Admin complaints are waived by the User.
Strada Growth/User Transactions. This section outlines terms for User/Member Transactions:
7. User Contributions and Content We might offer you interactive opportunities through our Services. By submitting, posting, or transmitting User Content through the Services, you confirm and assure that you either own the content or possess the necessary rights to provide it. You grant us an everlasting, unchangeable, transferable, fully paid, royalty-free, non-exclusive, global, sublicensable right and license to use, reproduce, display, publish, alter, delete, publicly perform, translate, generate derivative works from, distribute, and/or use the User Content in relation to our business, across all existing or future forms, without needing to notify you or receive your approval, except where legally mandated.
Feedback. Any submission of ideas, suggestions, and/or proposals to us via our suggestion, feedback, or similar channels ("Feedback") is undertaken at your own risk. We have no obligations, including confidentiality, regarding such Feedback. You assert and guarantee that you possess all required rights to submit the Feedback, and hereby grant us an everlasting, unchangeable, transferable, fully paid, royalty-free, non-exclusive, global, sublicensable right and license to use, reproduce, display, publish, alter, delete, publicly perform, translate, generate derivative works from, distribute, and/or use such Feedback, except where legally mandated.
8. Good Samaritan Content Policy & Complaint Procedures.Policy Statement:1. Policy Statement: The owners and operators of the services do not tolerate intellectual property infringement, U.S. law violations, child pornography, or obscene/defamatory material on the platform.2. The platform will make efforts in good faith to restrict availability of infringing, racist, sexist, obscene, harassing, or objectionable content.3. This section outlines the platform's intentions but does not create a contractual obligation for specific actions by the platform's owners/operators.Compliant Procedures1. Users are encouraged to flag posts or send notifications regarding content that violates intellectual property rights, U.S. law, or contains objectionable material.2. Contact information for complaints is provided: [email protected] 3. To facilitate a quick response, complainants should provide detailed information, including nature of infringement, location of offending material, and information about the alleged violator.Indemnification/Waiver1. By submitting a complaint, the complainant acknowledges that their submission is under penalty of perjury in accordance with California law.2. The complainant agrees to defend and indemnify the platform against any liability arising from the platform's response to the complaint.Waiver of Claims and Remedies1. Users acknowledge that the platform cannot be held liable for actions of users or third parties on the platform.2. Users agree to waive any claims or remedies against the platform related to content or its response (or lack thereof) to a complaint.Investigation/Right to Purge1. The platform reserves the right to investigate received complaints and to remove content posted by users at its discretion, with or without cause.2. This right does not imply an obligation to remove content9. Ownership Of Intellectual Property
We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services. This Agreement does not constitute a sale and does not transfer any ownership rights to you regarding the Services or any of our intellectual property rights. Our trademarks, including our name, logo, and product names connected to the Services, either10. Copyright PolicyWe reserve the right to cancel the account and revoke access privileges of individuals who repeatedly violate copyright regulations. If you represent a copyright holder or act as their legal representative, and you hold the belief that any User Content breaches your copyright, you have the option to submit a report following the guidelines outlined in the Strada Growth Digital Millennium Copyright Act (DMCA) Notice. Further details can be found in our DMCA Policy.11. PrivacyWe have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use your personal information. By agreeing to the terms of this Agreement, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.12. Third-Party InteractionsThe Services might incorporate links or display content from websites and advertisements that belong to third parties (collectively referred to as "Third-Party Websites & Advertisements"). These Third-Party Websites & Advertisements are not within our control. We hold no responsibility for any Third-Party Websites or Third-Party Advertisements. We do not evaluate, endorse, monitor, verify, guarantee, or make any assertions concerning such Third-Party Websites & Advertisements, their products, or services. Clicking on a link to a Third-Party Website or Advertisement will not trigger a notification that you've exited our Services, nor will it alert you to the fact that you're bound by the terms and conditions (including privacy policies) of another website or destination. Your use of all links in Third-Party Websites & Advertisements is done at your own risk. Before engaging in any transaction with a third party, it is advisable to review applicable terms and policies, including the privacy and data collection practices of any Third-Party Websites, and conduct any necessary or appropriate investigations.
13. IndemnificationBy using the Services, you consent to indemnify and shield Strada Growth, its officers, directors, employees, agents, and affiliates (each referred to as an "Indemnified Party") from any losses, claims, actions, expenses, costs, penalties, fines, damages, and fees, including but not limited to legal fees and expenses, that an Indemnified Party might incur due to (a) your User Content; (b) improper utilization of the Services on your part; (c) breach of this Agreement by you; or (d) violation of any pertinent laws, rules, or regulations associated with your use of the Services. In the event of any allegations, claims, lawsuits, or proceedings involving matters potentially covered by the clauses in this section, you agree to bear the expenses of the Indemnified Party's defense, encompassing reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our own expense, to assume exclusive control over the defense of any matter that would otherwise necessitate your indemnification. Should this occur, you are obligated to fully cooperate with us in asserting any available defenses. This clause does not compel you to indemnify an Indemnified Party for any morally reprehensible commercial practices carried out by that party, nor for acts of negligence, fraud, deception, false commitment, misrepresentation, concealment, suppression, or omission of any substantial fact associated with the Services. You agree that the terms outlined in this section will persist beyond the termination of your account, this Agreement, or your access to the Services.
14. Disclaimer of WarrantiesYOU CLEARLY COMPREHEND AND CONSENT THAT TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOUR ENGAGEMENT WITH THE SERVICES COMES WITH COMPLETE RISK ON YOUR PART. MODIFICATIONS TO THE SERVICES MAY BE IMPLEMENTED PERIODICALLY AND CAN OCCUR WITHOUT PRIOR NOTICE TO YOU. THE SERVICES ARE GRANTED ON AN "AS IS" BASIS, VOID OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, AND NON-INFRINGEMENT. WE DO NOT PROVIDE WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, DEPENDABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT AVAILABLE THROUGH THE SERVICES, NOR THE TEXT, GRAPHICS, OR LINKS.WE CANNOT ENSURE THAT THE SERVICES WILL FUNCTION ERROR-FREE OR THAT THEY ARE EXEMPT FROM COMPUTER VIRUSES AND OTHER DESTRUCTIVE MALWARE. SHOULD YOUR USE OF THE SERVICES RESULT IN THE NEED FOR EQUIPMENT OR DATA SERVICING OR REPLACEMENT, WE ASSUME NO RESPONSIBILITY FOR SUCH ECONOMIC EXPENDITURES.
15. Limitation of LiabilityUNDER NO CIRCUMSTANCES, BASED ON ANY LEGAL THEORY (BE IT CONTRACTUAL, TORTIOUS, OR OTHERWISE), SHALL STRADA GROWTH BE ACCOUNTABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REDUCED SALES OR BUSINESS, DATA LOSS, OR DATA BREACH, OR (B) FOR DIRECT DAMAGES, EXPENSES, LOSSES, OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) THAT SURPASS THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO YOUR CLAIM. IF NO FEES APPLY, LIABILITY SHALL NOT SURPASS ONE HUNDRED ($100) U.S. DOLLARS. THE STIPULATIONS OF THIS SECTION ALLOCATE THE RISKS ASSOCIATED WITH THIS AGREEMENT BETWEEN THE INVOLVED PARTIES, AND THE PARTIES HAVE RELIED UPON THESE LIMITATIONS WHEN MAKING THE DECISION TO ENTER INTO THIS AGREEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH IMPLIES THAT SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT BE APPLICABLE TO YOU. WITHIN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OR ANY OTHER GOODS OR SERVICES RENDERED BY US, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES DERIVED FROM TRADE USAGE, ESTABLISHED BUSINESS DEALINGS, OR PRIOR PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR ANY IMPLIED WARRANTY OF FITNESS FOR A SPECIFIC PURPOSE. YOU ACKNOWLEDGE THAT THE SERVICES (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE, AND ADDITIONAL ITEMS UTILIZED OR PROVIDED BY US IN RELATION TO THE SERVICES) ARE SUPPLIED "AS IS," AND WE DO NOT WARRANT THAT THE SERVICES WILL REMAIN FREE FROM BUGS, DEFECTS, MALFUNCTIONS, OR ERRORS, OR THAT ACCESS TO THE SERVICES WILL EXPERIENCE NO INTERRUPTIONS.
16. Resolution DisputesSection 16: Resolving Disagreements
PLEASE CAREFULLY REVIEW THE FOLLOWING SECTION. IT OUTLINES THE PROCESS FOR HANDLING DISPUTES WITH US AND SETS LIMITS ON HOW YOU CAN SEEK REMEDIES. THIS SECTION 16 OF THE AGREEMENT SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT."
17. Exclusive JurisdictionIf the parties are allowed, as per this Agreement, to bring legal actions in a court, both you and Strada Growth concur that any claims and disputes arising from or connected to the Agreement will only be pursued in the State of New Jersey. This pertains to courts located in Bergen County, New Jersey, or in the federal court for the District of New Jersey.
18. TerminationAt our sole discretion, WE HAVE THE RIGHT TO ALTER OR CEASE THE SERVICES. WE MAY ALSO MODIFY, TEMPORARILY HALT, OR END YOUR ACCESS TO THE SERVICES, FOR ANY REASON, WITH OR WITHOUT NOTIFYING YOU AND WITHOUT INCURRING LIABILITY TOWARDS YOU OR ANY THIRD PARTY. Alongside the suspension or termination of your access to the Services, we maintain the prerogative to undertake appropriate legal actions, including but not limited to seeking civil, criminal, or injunctive remedies. Even following the termination of your right to use the Services, this Agreement will remain binding upon you. All provisions that, due to their inherent nature, are meant to endure shall persist beyond the termination of this Agreement.
19. General Terms
20. Contact Information [email protected] Strada Growth DMCA POLICYWe hold high regard for the copyrights and other intellectual property rights belonging to individuals, and we anticipate the same level of respect from users of our combined website and application, referred to as the "Services." In line with the regulations outlined in the United States Digital Millennium Copyright Act (DMCA) and other pertinent laws, we maintain a policy that allows us to discontinue the usage of the Service by users who are identified as recurrent infringers. Furthermore, at our sole discretion, we reserve the right to restrict access to the Service and close the accounts of any Service users who violate the intellectual property rights of others, regardless of whether the infringement is repetitive. For more details, please consult our Terms.Notification of Suspected Copyright InfringementShould you suspect that any content accessible via our Services violates one or more of your copyright protections, we kindly ask you to promptly get in touch with our designated Copyright Agent through either traditional mail, email, or fax, submitting a formal notice ("Notice") containing the stipulated details as outlined below. This Notice adheres to the guidelines of DMCA 17 U.S.C. § 512(c)(3). A duplicate of your Notice will be forwarded to the individual responsible for uploading or retaining the material highlighted in the Notice. It's important to be aware that in accordance with federal law, you may be subject to legal repercussions for any substantial misrepresentations made within the Notice. Therefore, if you're uncertain about whether the content present on our website, or linked to from it, indeed infringes upon your copyright, we recommend considering the option of consulting with a legal professional first. Kindly ensure that your communication is conducted in the English language.Every Notification Should Incorporate the Following Components:
Please forward your notification to our designated DMCA agent via mail or email using the following contact details: Email: [email protected] Kindly be aware that submitting false or misleading contentions about copyright infringement could lead to legal consequences, including legal expenses and attorney fees.Upon receipt of a valid notification indicating alleged copyright infringement, we will expeditiously take down or disable access to the content in question and promptly inform the accused infringing party about your claim. We will also apprise the alleged infringer of the DMCA statutory counter-notification procedure outlined below, enabling them to respond to your claim and request the restoration of the disputed material.It's important to acknowledge that sharing your claim with the accused infringing party will involve sharing the personal information provided in your notification, potentially allowing direct contact from the accused party. Consequently, by submitting a notification of alleged copyright infringement, you consent to the disclosure of your information in the manner described above."Counter NotificationIn the event you believe that your copyrighted content has been erroneously removed from our Services due to an error or mistaken identification, you have the option to submit a formal written counter-notification letter to us. To ensure your counter-notification is valid under the DMCA guidelines, your letter should contain the following essential elements:
Your Counter Notification can be sent to our designated Copyright Agent either via mail or email using the contact details provided above.Should you transmit a legitimate, written Counter Notification in accordance with the stipulated criteria, we commit to restoring your removed or disabled content within a span of 10 business days, but no later than 14 business days from the date of receipt of your Counter Notification. This restoration process will proceed unless our Copyright Agent receives notification from the party initiating the original Notification, informing us of their filing of a legal action to prohibit you from partaking in any infringing activities connected to the disputed material. It's imperative to understand that deliberately misrepresenting that the content was removed or disabled in error or due to mistaken identification could render you liable for potential damages, encompassing expenses and attorney's fees. Knowingly submitting a false Counter Notification constitutes an act of perjury. Kindly ensure your communication is conducted in the English language.