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Terms of Service

BY CREATING AN ACCOUNT OR LOGGING INTO THIS WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE.

You agree that your assent, given electronically, will have the same legal effect as if you had personally signed this Agreement. To the extent permitted by law, this Agreement is intended to supersede any provisions of applicable law that might otherwise limit its enforceability or effect because they were entered into electronically. Please print a copy of this Agreement for future reference. If you create an Account, when you push the button to do so or to log into your Account, you are agreeing to the terms of this Agreement. If you do not create an Account, your use of the Website constitutes your agreement to the terms of this Agreement.

Definitions

Short Version: I use these basic terms throughout the agreement, and they have specific meanings. This list explains what I mean when I use each of the terms.

  • The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the andybargh.com Privacy Policy, available at andybargh.com/privacy-policy and procedures that I may publish from time to time on the Website. Your agreement to this Agreement does not automatically constitute your consent to the collection or sharing or personal information requiring consent under the Privacy Policy.
  • The “Materials” refer to the written tutorials, videos, books, subscriptions, forums, conferences, and other services offered on the Website. Some materials are offered free of charge; these are “Free Materials”. Most Materials require a payment (either to purchase them, or to access them as part of a subscription); these are “Paid Materials”.
  • The “Website” refers to andybargh.com website located at andybargh.com and all content, services, and products provided by andybargh.com at or through the Website. It also refers to andybargh.com-owned subdomains of andybargh.com. Occasionally, websites owned by andybargh.com may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service. Materials are made available through the Website.
  • “User,” “you,” and “your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 16 years of age or have permission from a parent or legal guardian.
  • All terms such as “andybargh.com,” “I,”, “My,” and “Myself,” refer to Andy Bargh.
  • “Content” refers to content featured or displayed through the Website, including without limitation text, videos, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Website. It includes the HTML/CSS and Javascript associated with the Website. “Content” also includes Materials. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own; but, as described below, by uploading Your Content to the Website, you assign to us all your ownership rights in it.
  • “Privacy Policy” refers to the portion of this Agreement that appears below under the heading “Privacy Policy”. The Privacy Policy is included in the term “Agreement”.
  • An “Account” is a formal account on the Website. You do not need an Account to view the Website or access Free Materials. You need an account to post on the forums and to purchase any Paid Materials.

Account Terms

Short Version: A human must create your account; you must be 13 or over or have permission from a parent or guardian; you must provide a valid email address; and you may not have more than one account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.

1. Required Information

You must provide a valid name and email address in order to complete the signup process for an Account. If you opt for Paid Materials, additional information will be necessary for billing purposes.

2. Account Requirements

I have a few simple rules for Accounts on my Website.

You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted.

To create an Account, you must be 16 years of age or older, or have permission from a parent or legal guardian. It is a violation of these Terms of Service to use the Website if you are under the age of sixteen (16) and do not have permission from your parent or guardian. . If you are a child under 16, please show these Terms of Service to your parent or legal guardian, and do not create an Account without verifiable parental consent pursuant to the Children’s Online Privacy Protection Act. If you as the Subscriber are a parent or legal guardian of a child under the age of 16, who may access or use the Website or the Materials, you hereby give your express consent for that child to use the Website and the Materials, which include all the features and functionality of both, including social media/community features (such as the Website’s forums). You represent and warrant that you will not allow a child under the age of 16 to use the Services or the Website if you do not agree to the provisions of this Agreement.

Your login may only be used by one person — i.e., a single login may not be shared by multiple people. If you are an organization, you must create a separate account for each user that wishes to access our Services; you cannot share an account with multiple people at your organization. If we determine that you are doing so, we may charge you fees for multiple Accounts, or may terminate your Account without refund.

3. User Account Security

Short Version:You are responsible for keeping your Account secure while you use my Website.

You are responsible for all User-Generated Content posted and activity that occurs under your Account.

You are responsible for maintaining the security of your Account and password. I cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will promptly notify me at andy@andybargh.com if you become aware of any unauthorized use of, or access to, my Website or Materials through your Account, including any unauthorized use of your password or Account.

Acceptable Use

Short Version: The Website sometimes allows users to post questions, answers, and comments on its forums, tutorials, and articles. While using the Website, you must follow this Acceptable Use Policy, which includes some restrictions on User-Generated Content you can post, conduct on the Website, and other limitations. In short, treat others as you’d like to be treated!

1. Compliance with Laws and Regulations

Your use of the Website and Materials must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Website and Materials is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, or transmit any content that:

  • is unlawful or promotes unlawful activities;
  • is or contains sexually obscene content;
  • is libelous, defamatory, or fraudulent;
  • is discriminatory or abusive toward any individual or group;
  • contains or installs any active malware or exploits, or uses our systems for exploit delivery (such as part of a command and control system); or
  • infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

I do not pre-screen User-Generated Content, but I have the right (though not the obligation) to refuse or remove any User-Generated Content that, in my sole discretion, violates any of my terms or policies. Any User-Generated Content that you upload to the Website becomes my property and you hereby assign the copyright in all such User-Generated Content (to the full extent you own the copyright), and each of your rights associated with such User-generated content, to me.

3. Conduct Restrictions

While using the Website, you agree that you will not under any circumstances:

  • harass, abuse, threaten, or incite violence towards any individual or group, including our employees, members, officers, and agents, or other Users;
  • impersonate any person or entity, including any of our employees or representatives, including through false association with Myself, or by fraudulently misrepresenting your identity or site’s purpose; or
  • violate the privacy of any third party, such as by posting another person’s personal information without consent.

Availability of Website

You recognize that the traffic of data through the Internet may cause delays during the download of information from the Website (including Materials) and accordingly, you shall not hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Website may not be available on a continual twenty-four hour basis due to such delays, or delays caused by our upgrading, modification, or standard maintenance of the Website, or by technical issues.

Copyright Infringement

If you are a copyright owner and you believe that content on the Website or any Material violates your rights, please contact us by emailing andy@andybargh.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

Intellectual Property and User Licenses

Short Version: I own the Materials and all Content. In order for you to use Content, I give you certain rights to it, but you may only use our Content in the way I have allowed.

The Website, the Materials, and all Content are my property and I own the copyright to all such Content. I own the trademarks “Andy Bargh” and “andybargh.com”, as well as trademarks for other Websites, and all related names, logos, product and service names, designs and slogans. I own all trade dress associated with the Websites and the Materials, including all the associated visual design elements or concepts. My name and logo, and all related names, logos, product and service names, designs and slogans, are trademarks of Andy Bargh and my affiliates or licensors. You may not use such marks without my prior written permission; but I might grant you permission if you contact me at andy@andybargh.com.

If you have purchased Materials through the Website, I grant you a limited license to view the Materials you have purchased, as described in this section. I offer both subscription models (“Subscriptions”) and, sometimes, the ability to purchase individual Materials outright (“Purchases”). To have the rights under a Subscription or a Purchase, you must pay us the cost of that Subscription or Purchase.

In connection with a Subscription, we grant you a limited, revocable license to view Materials included in your subscription (“Subscription Materials”). This license terminates when your Subscription terminates. We may also update or remove Materials from your Subscription from time to time. You may not download any Subscription Materials for later viewing. This license permits private viewing of the Subscription Materials only. Any public or group performance, copying, or other use of the materials is strictly prohibited. The license is worldwide, is not transferrable, and is non-exclusive. We may revoke the license if you violate any term of this Agreement.

In connection with source code, compiled code, or other software provided in Subscription Materials for the purpose of providing instruction in the topic covered by such Materials (“Software”), we grant you a limited, non-exclusive, revocable, license in such Software in accordance with the following terms: You may deal in the Software without restriction other than the restrictions contained in this Agreement. You may use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, may create derivative works from the Software, and may permit persons to whom the Software is furnished to do so, subject to the following conditions: Notice that I hold the copyright to the Software, and this permission notice, shall be included in all copies or substantial portions of the Software. Notwithstanding the foregoing, you may not use, copy, modify, merge, publish, distribute, sublicense, create a derivative work, and/or sell copies of the Software in any work that is designed, intended, or marketed for pedagogical or instructional purposes related to programming, coding, application development, or information technology. Permission for such use, copying, modification, merger, publication, distribution, sublicensing, creation of derivative works, or sale is expressly withheld, and we may revoke your license to the Software for violating this permission. ALL SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

In connection with Purchases, we grant you a limited, revocable, non-exclusive license to view the materials purchased (the “Purchased Materials”). Purchased Materials include but are not limited to PDF books and standalone collections of videos such as the RWDevCon Vault. Your license is perpetual, but may be revoked if you violate its terms. You may download the Purchased Materials to the extent the Website permits; some Purchased Materials, like videos, are not downloadable. You may print a hard copy of the Purchased Materials for your own personal use, but for no other purpose. You may also transfer your license to the Purchased Materials that are downloadable, but only if you do not retain any copies of the Purchased Materials after you transfer your license. The Purchased Materials also contain information regarding the license to portions of the Purchased Materials that would constitute Software if included in a Subscription rather than a Purchase; such portions are subject to the license contained within the Purchased Materials. If you delete your account as described below, previously Purchased Materials may become unavailable, and there is no way to restore your account after you delete it.

You may view the publicly available portions of the Website that do not require Subscriptions or Purchases (including Free Materials) for legitimate educational or business purposes. In your use of the Website, you will not access, store, distribute or transmit any viruses or malicious software. You will comply with all applicable laws and regulations with respect to use of the Website, as well as the other provisions of this Agreement that apply to your use of the Website and User-Generated Content.

In all instances, you may not reproduce, redistribute, reverse engineer, sublicense, copy, exploit, distribute, redistribute, or duplicate Content. You may not create derivative works from Content. You may not use Content other than in accordance with this Agreement, or as permitted by us in writing. You may not sell Content with the exception of Purchased Materials, and subject to the terms above. You may not use Content for any illegal purpose. Other than browsing the Website normally in a browser, you may not download Content except for the Purchased Materials (which you may download only as permitted above). You are responsible for providing the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Content. You may not use Content in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious. You may not remove any copyright notices from Content. No Content is sold. Content is licensed only in part, and only in accordance with this Agreement. I retain all ownership interest in all Content.

I reserve all rights not expressly granted herein.

If your use of any Materials or the Website is governed by a specific, negotiated written contract among you and I (a “Special Arrangement”), and such contract conflicts this this Agreement, the terms of that contract control over the terms of this Agreement to the extent of such conflict. All other terms of this Agreement apply.

Third Party Links or Information

The Website may contain links to other websites that are not operated by or related to Myself. I am not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by Myself. A User that leaves the Website to access these third-party sites does so at its own risk.

Payment

Short Version: You are responsible for any fees associated with your use of AndyBargh.com and the Materials. We are responsible for communicating to you the fees that we collect clearly and accurately, and letting you know well in advance if those prices change.

1. Subscription Pricing

My pricing and payment terms are available at andybargh.com. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

2. Subscription Changes and Cancellations

I will immediately bill you when you choose a monthly or yearly billing plan. This becomes your Effective Date.

You will be billed again on each successive Renewal Date. For monthly plans, the Renewal Date will be the same day of the next month. If you sign up on a day that does not exist during the next month (e.g., if you sign up on October 31, because there is no November 31), your renewal date for the next month will be the next day (i.e, December 1). For yearly plans, your Renewal Date will be the same date as your Effective Date, but in the following year (e.g., if you sign up on 2 May 2017, your Renewal Date will be 2 May 2018).

If you change from a monthly billing plan to a yearly billing plan, AndyBargh.com will bill you for a full year immediately, and your Renewal Date will be updated to +1 year, plus any days remaining on your current monthly subscription.

You may cancel your plan at any time by going to your Manage Subscription page. You will retain access to the Subscription until the end of the current billing cycle.

3. Subscription Billing Schedule; No Refunds

For monthly or yearly payment plans, a Subscription is billed in advance on a monthly or yearly basis respectively.

By signing up for a monthly or yearly plan, the subscriber authorizes our payment processor to bill such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term).

Monthly plans are non-refundable.

Yearly plans are fully refundable if the user contacts customer support at andy@andybargh.com within 7 calendar days of the renewal charge.

There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the Subscription will remain active for the length of the paid billing period.

4. Product Purchases

Prices for Purchased Materials are available at andybargh.com/shop. You agree to pay the amount listed at the time of purchase. Product purchases are subject to the terms of the limited license contained above.

Refunds will be issued if requested within 30 calendar days of purchase, and upon surrender of any copies of the purchased product. Contact andy@andybargh.com for assistance.

I retain the right, in its sole discretion, to refuse refunds to customers who request an excessive number of refunds of products (3 or more products in a calendar year).

5. Authorization

Our order process is conducted by our online reseller Paddle.com, who is the Merchant of Record for all our orders. To provide you with the best possible customer support, we handle all customer support inquiries and returns, however Paddle is the entity legally responsible.

By agreeing to these Terms, you are giving me or Paddle.com permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for andybargh.com.

6. Responsibility for Payment; Processing Fees

You are responsible for all fees, including taxes, associated with your use of the Website. By using the Website, you agree to pay Me any charge incurred in connection with your use of the Website. If you dispute the matter, contact me at andy@andybargh.com. You are responsible for providing me with a valid means of payment for paid accounts. Free accounts are not required to provide payment information. If you are purchasing in a currency other than United States Dollars, you may incur a currency conversion processing fee billed by your credit card or other transaction processor. I do not receive this fee. Such fees are governed by the user agreement of the processor, and are in addition to any amounts you owe us for Materials.

Account Cancellation and Termination

Short Version: You may close your account at any time. If you do, we’ll treat your information responsibly.

1. Account Cancellation

You may close your Account at any time by contacting us via e-mail at the link below. This is not to be confused with cancellation of a Subscription; a User can have an Account without a Subscription.

2. AndyBargh.com May Terminate

I have the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice. We also reserve the right to refuse service to anyone for any legally permissible reason at any time, or for no reason.

3. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Communications with AndyBargh.com

Short Version: I use email and other electronic means to stay in touch with my Users.

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Website; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically (including this Agreement) satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to AndyBargh.com Must Be in Writing

Communications made through email or AndyBargh.com will not constitute legal notice to Myself in any situation where notice to Myself is required by this Agreement, other contract, or any law or regulation. Legal notice to Myself must be in writing and served on its legal agent.

3. No Phone Support

I only offer support via email. We do not offer telephone support.

Disclaimer of Warranties

Short Version: We provide our Content and the Website as is, and we make no promises or guarantees about them. Please read this section carefully; you should understand what to expect.

I provide the Website and the Content “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

I attempt to make the Content a quality, useful, first-class product. Nevertheless, I do not warrant that the Content will meet your requirements; that the Content and Website will be uninterrupted, timely, secure, or error-free; that the information provided through the Content is accurate, reliable or correct; that any defects or errors will be corrected; that the Website and Content will be available at any particular time or location; or that the Website and Content are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Website.

Limitation of Liability

Short version: We will not be liable for damages or losses arising from your use or inability to use the Website or Content, or otherwise arising under this Agreement. Please read this section carefully; it limits our obligations to you.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, punitive, or exemplary damages, however arising, that result from

  • your use or inability to use the the Website or Content;
  • Any errors or inaccuracies in the information contained on the Website or in Content;
  • any modification, price change, suspension or discontinuance of the the Content or the Website;
  • the Website generally or the software or systems that make the Content available;
  • statements or conduct of any third party on the Website;
  • any other matter relating to the Wesbite or Content.

My liability is limited whether or not I have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control. These provisions apply to any theory of liability that you might assert, whether in contract or in tort, or otherwise.

Notwithstanding the foregoing, any liability that I might have to you (in contract, in tort, or otherwise, and for any kind of damages, whether direct, incidental, indirect, special, consequential, punitive, or exemplary) is limited to the fees or other compensation that you paid to Myself during the six (6) month period preceding the act or omission that you claim gives rise to that liability. The existence of multiple claims will not enlarge this amount. If any damages you suffer are due to your own fault or your misuse of the Website or Content, I shall have no liability.

Release and Indemnification

Short Version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.

If you have a dispute with one or more Users, you agree to release and forever discharge Myself from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including reasonable attorneys’ fees, arising out of your use of the Website and the Content, including but not limited to your violation of this Agreement, provided that I (1) promptly give you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases AndyBargh.com of all liability); and (3) provides to you all reasonable assistance, at your expense.

R. Changes to These Terms

Short Version: We want our users to be informed of important changes to our terms, but some changes aren’t that important — we don’t want to bother you every time we fix a typo. So while we may modify this Agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.

I reserve the right, at my sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. For material modifications, we may require you to log into the Website again. Your action in clicking the button to log into the Website constitutes your agreement to this Agreement as they are in effect at the time of your click.

I reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and any Content (or any part of it) with or without notice.

Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Myself and any access to or use of the Website or the Content is governed by the applicable laws of the United Kingdom, without regard to conflict of law provisions. Any action for the breach of this Agreement, or for the construction thereof, may be brought or adjudicated only in the United Kingdom. You submit to the personal jurisdiction of such courts and waive any objection to venue therein or right to have any such case heard in a different forum.

2. Non-Assignability

We may assign or delegate our rights and responsibilities under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Agreement (except to the extent you sell a Purchased Material) without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement shall be reformed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Myself to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by Myself, or by the posting on the Website of a revised version in accordance with Section R. Changes to These Terms. Unless you have a Special Arrangement, this Agreement represents the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any prior terms of service or privacy policy contained on the Website, but does not supersede any Special Arrangement. If you have a Special Arrangement, this Agreement supplements such Special Arrangement. To the extent that the terms of a Special Arrangement expressly conflict with the terms of this Agreement, the terms of such Special Arrangement shall prevail; but others terms of this Agreement, not in conflict with the Special Arrangement, shall apply.

6. Questions

Questions about the Terms of Service? Contact me.