Welcome to the maincharacter.com website ("Website") which is owned and operated by Main Character LLC ("Main Character" or "we").
These Terms of Use, along with policies and guidelines located throughout the Website, identify what Users of the Website can expect from the Website, and what we expect from users ("User(s)" or "you"). By accessing any areas of the Website, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Website.
Privacy Policy
Main Character respects the privacy of its Users. The terms and conditions of the Main Character Privacy Policy are incorporated herein by reference.
Special Offer Terms
Special prices and other discounts are offered at the discretion of Main Character. Main Character reserves the right to update or amend these prices and/or offers at any time.
Payment Terms
If purchasing a Program (as defined in the Agreement) or other product (collectively, "Product(s)") from the Website or Main Character, you agree to the payment terms applicable to such Product. All charges are in U.S. dollars (USD).
Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
SMS / Mobile Text Messaging Terms of Use
When you register to receive SMS text messages from Main Character, text messages may include event/webinar reminders, product updates, promotions and special offers, and other promotional updates. Message frequency may vary. Message & Data rates may apply. Carriers are not liable for delayed or undelivered messages.
Electronic Communications
The communications between you and Main Character use electronic means, whether you use or purchase Main Character's Products or send us emails, or whether Main Character posts notices on the Products or communicates with you via email. For contractual purposes, you: (a) provide explicit consent to receive Product and related marketing and promotional communications, including newsletters, from Main Character in an electronic form when using an email form on our website(s) or by placing an order through other electronic communications; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Main Character provides to you electronically satisfy any legal requirement that such communications would satisfy if it were provided in a hardcopy writing. You may unsubscribe to emails by following the instructions at the bottom of the electronic communication.
Content
Proprietary Rights. User acknowledges that the Website and the Products contain content and other materials ("Content") that are exclusively owned by Main Character, and protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted under the U.S. copyright laws, and Main Character owns the copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fair use privilege under the US copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining the written permission of Main Character.
Main Character Logo. The Main Character logo ("Logo") is the exclusive copyright and trademark of Main Character. Third parties may not use the Logo in any manner unless provided specific written permission from Main Character.
Third-Party Content. In some instances, the Content available through the Website or embodied in the Products represents the opinions and judgments of the respective third party providing such Content. Main Character neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than Main Character. Under no circumstances shall Main Character, or its affiliates, or any of their officers, directors, employees, or agents ("Main Character Parties") be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Products and the Website.
Product Access. When you activate a Product, you will be provided access to view and access the Product materials. You are expressly prohibited from transferring or reselling a Product, or any portion of a Product, in any way. Main Character grants you the License set forth and defined in the Agreement you enter into with respect to your purchase and use of a Product (the "Agreement"), the terms of which are incorporated herein by this reference.
Product Medical Disclaimer
Main Character Products contain the opinions and ideas of its author and is intended to provide helpful material on the subjects addressed in the Product(s). It is sold with the understanding that the authors and Main Character are not engaged in rendering medical, health, or any other kind of professional services in the Product. The author and Main Character specifically disclaim all responsibility for any liability, loss, or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any of the Contents of the Products. For avoidance of doubt, neither the author nor Main Character nor the Main Character Parties assume responsibility for your actions and are expressly not liable for any personal injury, including death, caused by your use or misuse of the Website, Products, or Content.
Termination of Usage
Main Character may suspend or terminate any User's access to all or any part of the Product, Content or Website in accordance with the Agreement, or otherwise as Main Character may determine in its sole discretion.
Availability of Website
User recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold Main Character or the Main Character Parties liable for delays that are ordinary in the course of Internet use. User further acknowledges and accepts that Main Character may not be available on a continual twenty-four hour basis due to such delays, or delays caused by Main Character's upgrading, modification, or standard maintenance of the Website.
Disclaimers and Limitation of Liability
THE MAIN CHARACTER WEBSITE IS PROVIDED BY MAIN CHARACTER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MAIN CHARACTER DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES.
WITHOUT LIMITING THE FOREGOING, MAIN CHARACTER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, PRODUCTS, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE; OR (IV) THAT THE WEBSITE, ITS SERVERS, OR E-MAIL OR OTHER ELECTRONIC COMMUNICATIONS SENT FROM OR ON BEHALF OF MAIN CHARACTER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MAIN CHARACTER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. USER ACKNOWLEDGES THAT THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF MAIN CHARACTER.
UNDER NO CIRCUMSTANCES SHALL MAIN CHARACTER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF NATURE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEBSITE'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE OR OTHERWISE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON EXPRESS OR IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
Disputes
If you have a dispute with Main Character or with respect to the Website, and you are unable to resolve the dispute informally, you and Main Character agree that upon demand by either you or Main Character, the dispute will be resolved through confidential, binding arbitration. A "dispute" is any unresolved disagreement between you and the Website or Main Character, regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and Main Character.
You and Main Character agree that you are each waiving the right to a jury trial or a trial before a judge in a court. You and Main Character agree that each may bring claims against the other only in an individual capacity, and that neither you nor Main Character shall be entitled to join or consolidate claims by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or on behalf of the general public, or as a private attorney general. Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the "AAA") according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the "AAA Rules"). The AAA Rules are available online at www.adr.org.
You and Main Character agree that: (1) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (2) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (3) you will not be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving a party. This arbitration provision shall survive the termination of the Agreement.
Acknowledgment
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Main Character regarding User's relationship with Main Character and with respect to the Website, and supersedes any prior statements or representations. When using the Website or making a purchase therefrom or otherwise, USER AGREES TO BE BOUND BY THESE TERMS OF USE. The provisions of these Terms of Use shall be read together with the terms and provisions of the Agreement; provided, however, in the event of a conflict between the Agreement and these Terms of Use, the terms and provisions of the Agreement shall prevail.
Modification
From time to time, we may update these Terms of Use to clarify our practices or to reflect new or different practices (such as when we add new features), and Main Character reserves the right in its sole discretion to modify and/or make changes to these Terms of Use at any time. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of the Website after changes become effective shall mean that you accept those changes. Any revised Terms of Use shall supersede all previous Terms of Use.
Contact
Questions about these Terms? Contact us at support@maincharacter.com.