SoarX Consulting LLC Terms and Conditions of Service

IMPORTANT NOTICE. These Terms and Conditions contain, among other things, an agreement to arbitrate any dispute. This agreement to arbitrate requires, with limited exception, that you submit any claims you have against SoarX Consulting LLC to final binding arbitration unless you opt out in accordance with Section 16 below. Unless you opt out of arbitration: (1) you will only be permitted to pursue claims against SoarX Consulting LLC on an individual basis, not as part of any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

1. Acceptance of Terms and Conditions; Binding Agreement

PLEASE CAREFULLY READ THE TERMS AND CONDITIONS APPEARING BELOW BEFORE USING, VISITING, OR BROWSING THE SITE, BEFORE REGISTERING OR OPENING AN ACCOUNT, OR BEFORE ORDERING ANY OF OUR PRODUCTS OR SERVICES. 

These SoarX Consulting LLC Terms and Conditions of Service, which include our Privacy Policy (collectively, “Terms and Conditions”), constitute a binding contract between you and SoarX Consulting LLC (“SoarX” “Company”, “we”, or “our”). BY USING, VISITING, OR BROWSING THE SITE, BY REGISTERING OR OPENING AN ACCOUNT, BY CLICKING THAT YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS, OR BY ORDERING ANY OF OUR PRODUCTS AND SERVICES, (A) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS; AND (B) YOU ACCEPT THESE TERMS AND CONDITIONS AND ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE, VISIT, OR BROWSE THE SITE, OR REGISTER OR OPEN AN ACCOUNT, OR ORDER ANY OF OUR PRODUCTS OR SERVICES.

The Terms and Conditions apply when and whenever you view or use the website found at, and any and all websites, mobile applications associated with, the domain www.soarxconsulting.com (collectively, “Site”), whether as a guest or as a registered user. The Site is operated by/on behalf of SoarX. These Terms and Conditions also govern our provision and your purchase and/or use of any of our courses (including any course materials and videos) (each, a “SoarX Course”), our provision and your use of any other products, content, services, information, or materials contained or listed on or made available on or through our Site, as well as and including all features and functionalities, our website and user interfaces, and any content associated therewith (collectively, including SoarX Courses, the  “Products and Services”). 

2. Changes to Terms and Conditions

SoarX reserves the right, from time to time, with or without notice to you, to change these Terms and Conditions, including the Privacy Policy, in our sole and absolute discretion. It is your sole responsibility to check the Site from time to time to view any such changes to these Terms and Conditions. You will be deemed to have accepted such changes by continuing to use our Site or by otherwise demonstrating acceptance of or agreement to the same. The most current version of these Terms and Conditions can be reviewed by visiting our website and clicking on “Terms and Conditions” located at the bottom of the pages of the Site. The most current version of the Terms and Conditions will supersede all previous versions. 

3. Access to and Use of Our Site; Limits on Use

Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period, or for any purpose. From time to time, we may restrict access to some parts of our Site, or our entire Site. We have the right to terminate your access to the Site if we determine that you have failed to comply with any of the provisions of these Terms and Conditions. You are solely responsible for keeping confidential any password you may be granted to access our Site, to any portion thereof, or to any related information or materials. We advise you not to share with anyone your password, payment methods or any other information associated with our Site or your account.

By accessing our Site you agree to use our Site, including all features and functionalities associated therewith and all content and software associated therewith, in accordance and full compliance with the Terms and Conditions and with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. 

In addition, you shall not: 

1. use any portion of the Site or any of the Products and Services, or any of our other intellectual property or property, except as expressly authorized in this Agreement;

2. in whole or in part, copy (except as may be expressly authorized) or distribute any of the Products and Services or modify, reverse engineer, decompile, disassemble, attempt to derive source code, or otherwise tamper with, or create any derivative works from or of, the Site or any of the Products and Services;

3. use the Site or any of the Products and Services in any manner that is in any way unlawful or fraudulent, that harasses, abuses, threatens, defames or otherwise infringes the rights of others, that seeks to gain unauthorized access to any part of SoarX’s computer network or internal files or user accounts, or that inserts, uses, or attempts to insert or use, viruses, malware, or other automated processes, or software or computer code, that interrupts, destroys, limits, surreptitiously monitors, or otherwise adversely affects any software, hardware, or electronic communications;

4. systematically retrieve content from the Site or any of the Products and Services to produce a collection, or compilation, or use the Site or any of the Products and Services for data mining, scraping, crawling, redirecting, or compiling any data for any purpose database or directory of data or information;

5. interfere with any tools or measures designed to limit access to the Site or any of the Products and Services or to otherwise prevent anyone from exceeding the limited rights and licenses granted under this License;

6. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site or any of the Products and Services, or any of its features or functionality, to any third party for any reason, including by making the Site or any of the Products and Services available on a network where it is capable of being accessed by more than one device at any time; or

7. use the Site or any of the Products and Services to attempt to interfere with the proper functioning, display, operation and/or usage of the Site or any of the Products and Services by any authorized users or third parties, or use any proprietary information or interfaces of the Site or any of the Products and Services or other intellectual property for any purpose not expressly authorized by this Agreement.

8. attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer, or database connected to our Site;

9. violate any of the procedures, policies or regulations of networks connected to our Site;

10. use our Site to send, knowingly receive, upload, download, use or reuse any material which does not comply with all relevant provisions of these Terms and Conditions;

11. use our Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or

12. impersonate any other person while using our Site, conduct yourself in a vulgar or offensive manner while using our Site, or use our Site for any unlawful purpose.

Your obligations under this Section 3 shall survive these Terms and Conditions and your use of our Site and/or any Products and Services.

4. Privacy

Please review our Privacy Policy, which also governs your visit to and any orders from our Site, to understand our practices in relation to any personal information you provide. You acknowledge that the data collected via our Site will be stored in servers located within the United States. Further, you acknowledge that your personal information may, at times, be accessible by individuals who may be located worldwide including in countries that may have not been determined to provide the same level of data protection as in your country. By providing us with your personal information, you agree and consent to our use of such data and/or personal information in accordance with our Site Privacy Policy, including, without limitation, the transfer of your personal information across international boundaries.

5. Linking to and Links from Our Site

Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have not reviewed the content of those websites and have no control over the content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible for and do not endorse or warrant any materials, information, goods or services available through any linked websites. These third party websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully.

6. Ordering Licenses to Products and Services

1. Restrictions on Ordering Products and Services

1. Nature of Rights Granted. When you place an order for any Products, including any SoarX Course, you are not purchasing any ownership rights in those materials or anything else. Instead, you are only purchasing and receiving a limited non-exclusive license (permission) to use those materials consistent with these Terms and Conditions. The scope and extent of such license, and limitations thereon, are discussed below in Sections 7 and 8 below and in certain other sections

1. Restrictions on Geographic Availability. We only accept orders for access to SoarX Courses or other Products and Services within the United States. 

1. Restrictions on Age of Purchaser. You must be 18 years of age or older to place an order on our Site. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member.

1. Orders for Access to Products and Services. When you place an order for access to a SoarX Course or other Products and Services, we will send you a confirmatory email that will contain details of what you have ordered and details regarding how you can access any materials or download them, as applicable.

1. Pricing. The price of any SoarX Course (or other Product(s) or Service(s)) will be as quoted on our Site from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders for which we have already sent you a confirmation email. In cases of error, if a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. In such circumstances, we are under no obligation to provide the Product or Service to you at the incorrect (lower) price, even after we have sent you a confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as incorrect pricing.

1. Payment. Payment for all Products and Services must be by PayPal, credit card, or debit card. We accept payment with American Express, Visa, MasterCard, and Discover.

1. 30-Day Money-Back Refund. SoarX offers a 30-day money back guaranty/refund of the net purchase price actually received by SoarX on your purchase of a SoarX Course, less any credit card and other processing fees incurred by SoarX (“Refund”), if you are not satisfied with it for any reason, provided that you meet all of the following conditions: (i) you have and will not, and you represent to SoarX that you have not and will not, download(ed), made/make any prints or copies of, or provide(d) to others, any of the SoarX Course content, videos, or materials; and (ii) you have fully complied with, and you represent to SoarX that you will fully comply with, all of the Terms and Conditions; (iii) within 30 days of the date of your purchase, you notify SoarX in writing via info@soarxconsulting.com of your request to receive a Refund; and (iv) you provide other information to SoarX that it reasonably needs to evaluate the request and to implement any Refund for which you may qualify. Any Refund for which you qualify will be credited ONLY to the credit or debit card that was used to make the original purchase. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of or purchases from the Site (or otherwise), without any liability to you. 

7. Grant of Limited License to Use Purchased Products and Services 

Unless otherwise specified, if you order and pay for Products and Services (including any SoarX Course), then the Products and Services you pay for are for your personal and non-commercial use only, and we grant you a limited, revocable, non-exclusive, personal, non-commercial, non-transferable license to use the ordered Products and Services solely for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms and Conditions), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on or obtained from or through our Site or other Products or Services, without our express written consent. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on our Products and Services. Any unauthorized use of Products or Services or any other materials or contents will terminate the limited license granted by us and will result in the cancellation of the license.  

8. Trademarks; Site Contents and Copyright; Confidential Information

The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are the registered and/or unregistered Trademarks of SoarX, or such third party that may own the displayed Trademarks. You agree that no right, title, license, or interest to any of the same is granted to you hereunder, and you agree that no such right, title, license, or interest shall be asserted by you with respect to any of the same. You agree that you will not use any Trademarks (or anything similar thereto) in any advertising, promotional or sales literature without SoarX’s prior express written authorization.

The text, information, materials, Trademarks, logos, images, graphics, content, photos, video files, and all other Products and Services available on or through our Site and their arrangement on our Site (collectively, “SoarX Intellectual Property”) are subject to patent, copyright, trademark and/or other intellectual property protection. SoarX Intellectual Property may not be printed or copied for use or distribution, nor may SoarX Intellectual Property be modified, processed, or reposted to other websites for commercial purposes without our written permission, except that SoarX allows you to download or print one copy for your own use of written materials made available to you as part of your paid order of Products and Services. Access is granted to our Site solely for your use of services for personal information, education and communication with SoarX. No right, title or interest in any of the content of our Site is transferred to you as a result of any permitted downloading, copying, printing or use of our Site. All such rights in SoarX Intellectual Property not expressly granted in by the SoarX are reserved. You are not permitted to modify the paper or digital copies of SoarX Intellectual Property, or to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. SoarX Products and Services are provided for your personal use only. You agree not to resell, copy, or redistribute SoarX’s materials, nor may you use it for any commercial purpose.

For purposes of these Terms and Conditions, “Confidential Information” shall mean all information provided by SoarX to you connection of your order of any Products and Services including but limited to any SoarX Course content or materials, Video Services (defined below), written publications, website content, know-how, drawings, illustrations, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure, regardless of whether such information is downloadable or non-downloadable, and regardless of whether such information is available on the Site, and includes information that is communicated in writing, orally, electronically, or any other means, whether in physical or electronic form. However, “Confidential Information” does not include information that you can conclusively establish (a) was in the public domain at the time of disclosure to you by SoarX by means other than as a consequence of a breach of an obligation owed to SoarX, or subsequently comes within the public domain by means other than as a consequence of a breach of an obligation owed to SoarX; or (b) was, at the time of disclosure by SoarX was already known by you and was not acquired directly or indirectly from SoarX and was not acquired as a consequence of a breach of an obligation owed to SoarX; or (c) was information which you acquired from a third party who did not acquire the information from SoarX; or (d) was information disclosed with the prior written consent of SoarX. You shall not use any Confidential Information of SoarX other than as expressly set forth in these Terms and Conditions, and you shall not disclose any Confidential Information to anyone for any purpose. 

If you print off, copy, download or otherwise use or disclose any part of our Site or our Products or Services in breach of these Terms and Conditions, your license right to use our Site and such Products and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Your obligations under this Section 8 shall survive these Terms and Conditions as well as your use of our Site and/or any Products and Services.

9. Video Services

We may provide certain video or streaming Products and Services and non-streaming digital downloads via our Site to certain devices (all of the same are collectively referred to as “Video Services”). We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer or operate Video Services. Any description of how Video Services work should not be considered a representation or obligation with respect to how they will always work. We make no representations or warranties about the quality or availability of Video Services. You are responsible for ensuring that you have internet access and for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges. You may access Video Services only in geographic locations where we offer Video Services. 

10. Copyrights and Digital Millennium Copyright Agents

Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is Steven Andrews. The agent can be reached at: 11220 Elm Ln, Charlotte, NC 28277 or via email at info@soarxconsulting.com.

DMCA Infringement Notification.

To be effective, your infringement notification must include the following:

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, a representative list of such works at that site;

3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;

5. The following statement: “I have 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. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

1. We will remove or disable access to the content that is alleged to be infringing;

2. We will forward the written notification to the alleged infringer; and

3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

DMCA Infringement Counter Notification

Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from SoarX, the alleged infringer will have the opportunity to respond to SoarX with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to SoarX’s designated copyright agent, and must include the following:

1. A physical or electronic signature of the subscriber;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;” and

4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber’s address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which SoarX may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.

11. Liability

DISCLAIMERS; NO WARRANTIES

ANY AND ALL INFORMATION CONTAINED ON THE SITE AND/OR IN ANY PRODUCTS OR SERVICES OR OTHER MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT TO BE RELIED ON FOR ANY PURPOSE. NOTHING CONTAINED IN THE SOARX COURSES, ON THE WEBSITE, OR OTHERWISE PROVIDED BY OR RECEIVED FROM SOARX SHALL BE INTERPRETED OR CONSTRUED AS PROVIDING ADVICE TO YOU (NOT LEGAL, PROFESSIONAL, OR  OTHERWISE). YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED IN THIS SITE AND/OR IN ANY PRODUCTS OR SERVICES, BUT INSTEAD YOU SHOULD SEEK LEGAL AND/OR OTHER PROFESSIONAL ADVICE. WE DISCLAIM ALL LIABILITY FOR ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON ANY CONTENT ON THIS SITE OR IN ANY PRODUCTS OR SERVICES.  WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANYONE ORDERING ANY PRODUCTS OR SERVICES, ANY VISITOR TO OUR SITE, OR ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. ANY PRODUCTS AND SERVICES OT OTHER MATERIAL ON OUR SITE MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE ANY OF THE SAME. 

THERE IS NO GUARANTEE OR REPRESENTATION OF ANY KIND THAT YOU WILL ACHIEVE OR GET ANY PARTICULAR RESULTS OR HAVE ANY SUCCESS BY FOLLOWING ANY OF THE IDEAS ON THE SITE, IN ANY SOARX COURSE, OR IN THE PRODUCTS AND SERVICES OR ANY RELATED MATERIALS. EXAMPLES IN THE PRODUCTS AND SERVICES OR ANY RELATED MATERIALS ARE NOT TO BE INTERPRETED OR CONSTRUED AS A PROMISE, REPRESENTATION OR GUARANTEE OF ANY KIND. YOUR LEVEL OF SUCCESS (OR FAILURE) IN ATTAINING ANY RESULTS THROUGH USE OF THE PRODUCTS AND SERVICES OR ANY RELATED MATERIALS DEPENDS ON SEVERAL FACTORS (SUCH AS YOUR BACKGROUND, MOTIVATION, COMMITMENT, AND ACTIONS), AS WELL AS MANY OTHER FACTORS SUCH AS MARKET FACTORS. WE CANNOT GUARANTEE YOUR SUCCESS, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS, SUCCESSES, FAILURES, OR LOSSES. AGAIN, RESULTS MAY VARY.

WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, OR ANY SOFTWARE ASSOCIATED THEREWITH. SOARX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR ANY PRODUCTS AND SERVICES, WHETHER PURCHASED OR NOT, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT SOARX MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF PRODUCTS AND SERVICES (INCLUDING ANY FEATURES), WITHOUT COMPENSATION OR NOTICE TO YOU. SOARX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF DEVICES IN CONNECTION WITH PRODUCTS AND SERVICES (INCLUDING THEIR CONTINUING COMPATIBILITY WITH SUCH PRODUCTS AND SERVICES). WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF PRODUCTS AND SERVICES, (II) DELIVERY AND OR DISPLAY OF ANY CONTENT CONTAINED ON OUR SITE OR OTHERWISE THROUGH PRODUCTS AND SERVICES; AND (III) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE PRODUCTS OR SERVICES PROVIDED ON OUR SITE OR OTHERWISE. 

EXCEPT AS MAY OTHERWISE BE PROVIDED ON OUR SITE, TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES OR REPRESENTATIONS AS TO OUTCOME OR SUCCESS IN CONNECTION WITH ANY SOARX COURSE, ANY PRODUCTS AND SERVICES, OR ANY USE, ATTEMPTED IMPLEMENTATION OF, OR RELIANCE ON ANY CONTENTS THEREOF OR INFORMATION THEREIN. WE DO NOT REPRESENT OR GUARANTEE THAT YOUR USE OF THE VIDEO SERVICES WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOARX OR AN AUTHORIZED REPRESENTATIVE OF SOARX SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON SOARX.

THIS SITE USES COOKIES AND MAY ALSO USE THE SERVICES OF THIRD-PARTY PROVIDERS THAT DEPLOY COOKIES IN CONNECTION WITH THEIR SERVICES. BY USING THE SITE, YOU CONSENT TO THE PLACEMENT OF COOKIES ON ANY DEVICE USED TO ACCESS OUR SITE(S). OUR SITE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. 

LIMITATION OF LIABILITY

IN NO EVENT SHALL SOARX, IT’S AFFILIATES, OR ITS SUBSIDIARIES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR LICENSORS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, OR FOR ANY LOSS, CLAIM, OR DAMAGE OF ANY KIND (INCLUDING BUT NOT LIMITED TO ANY LOSS OF INCOME, BUSINESS, OPPORTUNITY, OR PROFITS), OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, WHICH IN ANY WAY ARISES OUT OF OR IN ANY RELATES TO THE USE OF, OR INABILITY TO USE, THE SITE, OR THE PRODUCTS AND SERVICES OR ANY PURPORTED RELIANCE ON ANY OF THE SAME. SOARX DOES NOT WARRANT THE QUALITY, PERFORMANCE, OR ACCURACY OF THE SITE OR THE PRODUCTS AND SERVICES NOR DOES IT WARRANT OR REPRESENT THAT THE FUNCTIONS OR OPERATION OF THE SITE OR THE PRODUCTS AND SERVICES WILL SATISFY YOUR REQUIREMENTS. SOARX DOES NOT WARRANT OR REPRESENT THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE PRODUCTS AND SERVICES OR ANY COMMUNICATIONS SENT FROM SOARX, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOARX’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

LIMITATION OF DAMAGES

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE ANY SOARX COURSE, THE PRODUCTS OR SERVICES, OUR SITE, AND/OR ANY CONTENTS, MATERIALS, OR SOFTWARE ASSOCIATED THEREWITH, EXCEED THE PURCHASE PRICE ACTUALLY RECEIVED FROM YOU AS TO THE RELEVANT SOARX COURSE OR OTHER PRODUCT OR SERVICE. IN THE EVENT THAT A CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, OUR TOTAL LIABILITY TO YOU FOR ANY RELATED DAMAGES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS AND CONDITIONS, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS SO DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS AND CONDITIONS SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY TO SOARX WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU UNDERSTAND THAT SECTION 1542 GIVES YOU THE RIGHT NOT TO RELEASE EXISTING CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE, AND HAVING BEEN SO INFORMED, BY USING THE APP YOU HEREBY WAIVE THE APPLICATION OF SECTION 1542 AND EVERY OTHER SIMILAR LAW IN EACH OTHER APPLICABLE JURISDICTION.

For New Jersey Residents: Nothing herein restricts your ability to recover damages or attorneys’ fees where mandated by statute.

The provisions of this Section 11 shall survive these Terms and Conditions and your use of our Site and/or any Products and Services.

12. User Created Content

We may permit you to post or send to us comments, information, ideas, concepts, reviews, or other material relating to SoarX Courses or other Products and Services (each a “Response”). With respect to the same:

1. You shall not post any Responses that contain any harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or email addresses, other personal information; misleading information regarding the origin of the Response; or a discussion of SoarX’s policies or services. 

2. We do not regularly review the Responses posted on our Site; however, we reserve the full right to reject, remove or edit any such Responses at any time without notice to you. You understand and agree that we may, but are not obligated to, review Responses and may delete or remove them (without notice to you) in our sole and absolute discretion, for any reason or no reason. In addition, we may use Responses for the purposes set forth under the “Use of Responses: License Grant” section below.

3. SoarX is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each a “Response”), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site or the Products and Services. Furthermore, by posting any Response on our site, submitting a Response to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Response submitted in any media, software or technology of any kind now existing or developed in the future.

By submitting a Response, you understand and agree that you are consenting to the release of all information provided in your response, including your rating of a product or service, to a public forum, including other users of our site. If you do not want your responses to be shared in a public forum, do not use the Response feature on our Site.

13. Indemnification

You agree to defend, indemnify and hold harmless SoarX, any parent or subsidiary company, its and their affiliates, and its and their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to our Site; (ii) your violation of any of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Response submitted by you causes damage to a third party. These defense, indemnification and other obligations shall survive these Terms and Conditions and your use of our Site and/or any Products and Services.

14.  No Transfer of Rights and Obligations 

You may not transfer, assign, change, or otherwise dispose of these Terms and Conditions, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, change, sub-contract or otherwise dispose of these Terms and Conditions, or any of our rights or obligations arising under them, at any time. These Terms and Conditions are binding on you and us and on our respective successors and assigns.

15. Waiver

No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

16. Dispute Resolution and Binding Arbitration Agreement

Please Read the Following Provisions in this Section 16, “Dispute Resolution and Binding Arbitration Agreement” Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

1. Both SoarX and you (referred to as the “parties”) shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms and Conditions (including its formation, performance and breach) and/or the Products and Services shall be finally settled by binding arbitration, excluding any rules or procedures governing or permitting class actions. The party initiating the arbitration proceeding may select from the following arbitration administrators, which will apply the appropriate rules for commercial disputes in effect at the time the claim is filed with the arbitration organization (“Arbitration Rules”):  the American Arbitration Association (“AAA”), JAMS, or any other organization the parties agree to in writing.  If neither AAA nor JAMS is able or willing to serve as the arbitration administrator and the parties are unable to agree on a replacement administrator or arbitrator(s), then a court of competent jurisdiction will appoint an administrator or arbitrator(s). Notwithstanding any laws, rules, or otherwise to the contrary, any and all arbitration proceedings, hearings, conferences, and other events of any kind shall be handled remotely via Zoom, Teams or some other comparable virtual meeting/conferencing platform or, at the parties’ mutual written consent, in Guilford County, North Carolina, U.S.A. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, SoarX will pay the additional cost. The interpretation and enforcement of these Terms and Conditions shall be subject to the Federal Arbitration Act.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

1. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

2. Exception. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).

3. Thirty-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Dispute Resolution and Binding Arbitration Agreement by sending written notice of your decision to opt-out to the following address: SoarX Consulting LLC, PO Box 6, Altamahaw, NC 27202-0006, Attn: Legal Department Arbitration Opt-Out. The notice must be sent within thirty (30) days of the date you have agreed to the Terms and Conditions, whether based on your initial use of our Site or your continued use after the effective date of any updated Terms and Conditions which contain the mandatory arbitration and class action waiver, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you elect to opt out of these arbitration provisions, (a) SoarX also will not be bound by them, and (b) the parties agree that any lawsuit shall only be filed exclusively in a court of competent jurisdiction sitting in Guilford County, North Carolina, and you consent to exclusive jurisdiction and venue in the courts located in that county. In addition, if you elect to opt out of these arbitration provisions, we may terminate your use of Products and Services, and/or our Site. 

4. Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Products and Services, please send an email to info@soarxconsulting.com. Users may also contact us by writing to SoarX Consulting LLC, 11220 Elm Ln, Charlotte, NC 28277. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

5. The provisions of this Section 16 shall survive these Terms and Conditions and your use of our Site and/or any Products and Services.

17. Notice and Consent to Electronic Communications

When you visit this Site or send emails to us, you are communicating with us electronically. By using this Site, you consent to receive communications from us electronically, including, without limitation, email and text messages. We will communicate with you by email, text messaging or by posting notices to your account on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.

18.  General Provisions

These Terms and Conditions (together with the Privacy Policy any of our agreements and notices herein referenced or any disclaimers concerning the Site and/or Products and Services) is the entire agreement between you and us, and governs your use of concerning the Site and/or Products and Services, superseding any prior agreements between you and us as to the same, whether written or oral, relating to the subject matter.

These Terms and Conditions, and (except as required by applicable federal or state laws) the use of the Site and/or Products and Services, will be governed by and construed in accordance with the laws of the State of North Carolina, without giving any effect to any conflicts of laws provisions or principles of North Carolina or your actual state or country of residence. 

You recognize that your breach or violation of the terms of these Terms and Conditions may cause irreparable injury to SoarX or its licensors or affiliates for which monetary damages may be an inadequate remedy. You agree that SoarX and its licensors or affiliates may seek and obtain injunctive relief against the breach or threatened breach of your obligations hereunder, in addition to any other legal and equitable remedies which may be available to SoarX.

These Terms and Conditions will bind and inure to the benefit of each party’s permitted successors and assigns. These Terms and Conditions are personal to you and you may not transfer, assign or delegate it to anyone. Any attempt by you to assign, transfer or delegate these Terms and Conditions shall be null and void. We may assign these Terms and Conditions at any time without notice to or permission from you.

You agree that we can update or modify these Terms and Conditions at any time by posting the same on the Site. Unless we note otherwise at the time of posting, changes will be effective immediately upon posting. You accept changes to these Terms and Conditions either by using the Site after we post the changes with the Site or by clicking to confirm acceptance. You are responsible for checking the Site for changes to these Terms and Conditions. You should periodically access these Terms and Conditions through the Site to review the current agreement.

If any provision of this Agreement is ruled invalid, unlawful, or unenforceable for any reason by a court of competent jurisdiction, then that provision shall be severed from and shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. No oral or written information or advice given by any agent or representative of SoarX can, or shall, create a warranty regarding the Site. SoarX reserves the right to cancel the Site or end your access to, or use of, the Site at any time for any reason. The provisions of this Section 18 shall survive these Terms and Conditions and your use of our Site and/or any Products and Services.

For communications concerning these Terms and Conditions, please email SoarX at info@soarxconsulting.com.