1. Overview
Welcome to Gentle Force website
These Terms of Use (“Terms“) apply to your access to, and use of, any service offered by Gentle Force (hereinafter referred to as “Gentle Force Services“), including www.primefunnelbuilder.com, www.crisvinson.com, and www.funnelsystemsintensive.com or other online products or services provided by Gentle Force(collectively, the “Services“). The following terms and conditions (the “Terms”) apply to our provision and your use of the Gentle Force, services and materials (“the services”) through the Gentle Force websites below.
C. www.funnelsystemsintensive.com
These websites makes up the Gentle Force Services. If you are using any of these Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to Gentle Force if you violate these Terms
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
If you have any questions regarding the website and terms, please contact Gentle Force Support team by emailing [email protected]
1. Overview2. Definitions3. Service Order Terms4. Description of Services5. Your Agreement with us6. Privacy and Data Protection7. Applicability8. Eligibility9. Online service Terms10. Account Registration.11. Account Security12. Price13. Subscriptions14. Vat or Tax15. Payments with Card16. User Restrictions17. Service Amendments18. Privacy Policy19. Intellectual Property20. Repeat Infringer Policy21. Copyright Complaints22. Applicable Copyright Laws and License23. Reservation of Rights24. Software25. Licenses and Restrictions26. Open Source27. Output and Delivery28. Cookies Notice29. Advertisements and Promotions; Third-Party Products and Services30. Acceptable Use Policy31. Prohibited Use32. No Warranty33. Indemnification34. Disclaimers35. Limitation of Liability36. CAN-SPAM Act37. User Feedback38. Protection of Personal Data and Confidential Information39. Service Amendment40. Residents of California41. Information and Privacy Statement.42. Consent to Electronic Communications43. Children’s Privacy (COPPA)44. No Reliance45. Dispute Resolution; Binding Arbitration46. No Representative Actions47. Arbitration of Disputes48. Governing Law and Jurisdiction49. Miscellaneous50. Termination51. Severability52. Copyright License53. Contact Us
2. Definitions
a) Terms and Conditions: This document, as well as any policy, terms or modifications that may be attached, at any time while the Web remains valid and functioning, which constitutes the legal terms and conditions regarding the relationship between the User and the Web.
b) Services: Gentle Forceis a well-seasoned Remote Operations and Funnel Systems Agency, we help businesses grow from 5 figures a month to 6 in less than a year, and we also bridge business with the best Virtual Team member/s they can find, plus help craft compelling messages through our video and audio-mastery programs.
c) Web/Website: The webpage where Gentle Force offers its services, managed and marketed by Gentle Force and / or its business partners and associates.
d) Output and Delivery: the digital services offered on the site and delivered to the purchaser
e) Eligibility: Age consent allowed to use the site and services
f) Intellectual Property: All titles, interest and right in the platform
3. Service Order Terms
Your purchase of any digital service through the Site is subject to the terms and conditions stated on the applicable order form(s) and the applicable terms stated in these Terms. All prices are subject to change.
4. Description of Services
Gentle Forceoperates a platform that allows Users access to specialized Remote Operations and Funnel Systems Agency services (hereinafter referred to as ‘the Services’) relating to funnel system implementation, sales funnel design, strategy and consulting and other similar services. If you aspire to become a successful entrepreneur then contact me now.
5. Your Agreement with us
This Site is controlled and operated by Gentle Force ("Gentle Force”) from its offices within the United States. Gentle Forcemakes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with all applicable laws.
6. Privacy and Data Protection
Our Privacy policy explains how we treat your personal data. By using the Services, you agree to our privacy policies and that we can use your information in accordance with our privacy policies. By using and benefitting from Gentle Force’ Services you recognize that personalization lies at the core of many of our services. We can only provide many of these Services by using your personal data to provide personalized content and ads. Please visit our Privacy policy to learn more about personalization.
7. Applicability
These terms and conditions apply to every user or user that place an order on the Gentle Force web site. Prior to the conclusion of a transaction or order, the text of these general terms and conditions will be made available to the user.
8. Eligibility
You must be at least 13 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
9. Online service Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
10. Account Registration
In order to use the Services, you must create an account (“Account”) by registering with Gentle Force. By creating your Account, you give us some of your privacy data, such as:
• Name in full
• Email Address
• Payment information
And other information, needed for us to supply you with our Products and Services. You may read how we process, secure and use your privacy data in our Privacy Policy and Cookie Policy page. You may be provided with a range of subscription options, and prices, for Registration, as listed on the subscription page of the Site
You agree to provide us true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current. As part of the registration process, you will provide Gentle Force with a user name and password for your Account (together “Account Credentials”). Gentle Force reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted. You may have only one account
11. Account Security.
You are responsible for maintaining the security of your Account Credentials and for all Services ordered, accessed, or otherwise used in connection with your Account and all actions taken in association therewith. You will not share your Account Credentials with any third party.
12. Price
Unless otherwise agreed by Gentle Force in writing (including any applicable Order Form), the price for the services shall be the price set out in Gentle Force website with the user appertaining to the service delivery. The price for the products shall be exclusive made in US Dollars and of any value-added tax and all costs or charges of which amounts the customer will also pay when it is due to pay for the services.
13. Subscription
We provide a monthly subscription to some of our Products, Services and packages. You are required to pay up all recurring monthly subscriptions in time to avoid account suspension. Accordingly, you acknowledge that, Gentle Force will charge you a subscription fee according to our Billing Policy in exchange for your right to have access and use our products in accordance with these Terms (“the Subscription Plan and membership(s)”).
At the start of each subscription period, we ask you for a valid means of payment to purchase your desired subscription plan. Gentle Force will not automatically charge your account, until you initiate a payment. The payment transaction will be facilitated through an online payment processing application that is provided by a third-party vendor(s) and accessible through our Website; and you will receive an invoice through your email.
Please note that you may cancel your subscription at any time by contacting our support team on or before 14 days after you place your order. For more information please see our refund policy
14. Vat or Tax
Gentle Force may collect VAT or other indirect taxes at the applicable rate for the particular country, as per applicable tax rules, at the time of purchase of Gentle Force products or at the time you use the Gentle Forcewebsite
15. Payment with Cards.
If Your Purchased one of our Subscription services (“Subscription Services”), you agree to pay us all such fees when due. These fees may include subscription fees, and tax, the prices and terms of which are listed on our website.
16. User Restrictions.
This is an agreement for Services, and you are not granted a license to any software by these Terms. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
17. Service Amendments
If the User wishes to request the provision of certain additional services which fall outside of the scope of the Services, it shall submit details of the requested additional services in writing to Gentle Force. The Parties shall then negotiate in good faith the terms which are to apply to such additional services (including any additional fees and expenses) and shall document any agreed additional services in writing. Following which, such additional services shall be deemed to form part of the “Services”. For the avoidance of doubt, Gentle Force shall be under no obligation to agree to the provision of any additional services.
18. Privacy Policy
Our Privacy Policy provides information regarding how we collect, use, and disclose your personal information. By creating an account, choosing a subscription plan, making a purchase or otherwise using the Services, you acknowledge that we will collect, use and disclose your personal information as described in our Privacy Policy
19. Intellectual Property
Gentle Force retains all right, title and interest in the platform, the Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”) Usage Information, and any derivative works thereof. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on our website must appear on all copies you print. Other non-Gentle Force product, service, or Gentle Force designations on our website belong to those respective third parties and may be mentioned in our website for identification purposes only. You should contact the appropriate vendor (store owners) for more complete information regarding such information and their product description. Your use of and access to our website does not grant you any license or right to use any of the marks included on our website.
20. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Gentle Force has adopted a policy of terminating, in appropriate circumstances and in Gentle Force’ sole discretion, subscribers who are deemed to be repeat infringers. Gentle Force may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.
21. Copyright Complaints
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent:
Address:
Telephone Number:
Fax Number:
E-Mail Address:
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
22. Applicable Copyright Laws and License
This Site, including all content, is protected by applicable copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the content. Except as expressly provided herein, Gentle Force does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of Www.primefunnelbuilder.com or its affiliates.
23. Reservation of Rights
The Site, methods and processes may be covered by one or more patents or other intellectual property rights, and are subject to trade secret and other proprietary rights. Gentle Force reserves all such rights.
24. Software
Any software, including Funnel Sytem software, as well any files or images generated by such software, code and data accompanying such software (the “Software”), used or accessible through this Site is the copyrighted work of Gentle Force or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
25. Licenses and Restrictions
You are allowed to use our software. To do so, you will share your contact, order, web traffic, and ad performance data, which we will use to provide reporting and analysis. We may also use your data, in aggregate and with no identifying information, for other purposes such as service delivery, product improvements, and marketing.
You are the Data Controller, meaning you own the data of your users and customers. Wicked Reports is a Data Processor, whom you give exclusive license to manage this data.
26. Open Source
The Site may rely on the usage of certain open source libraries and utilities from time to time. You registering or using the Services constitutes your acknowledgement of having read and understood the terms of the open source libraries. Gentle Force disclaims all liabilities for any breach of the terms and conditions of such open source libraries
27. Output and Delivery
While we try our best to reduce any mistakes, Gentle Force does not make any guarantees for delivery output, and you agree to not hold Gentle Force liable for any damages, expenses, or losses incurred from missed deadlines.
The nature of funnel creation or digital products cannot entirely guarantee a 100% error free delivery. Upon delivery you agree to proof & review all delivery for errors or mistakes and notify
Gentle Force if there are any changes needed. Gentle Forcewill do its best to immediately make corrections and revisions where possible. Gentle Force is not responsible or liable for any losses, damages, or expenses incurred from errors, missed deadlines or omissions.
28. Cookies Notice
Our Sites use cookies. Our cookies do not contain any personally identifiable information, but without them some elements of our Sites may not function correctly. Cookies are a standard feature of modern web browsers. They are small files that are stored in your web browser and used to make websites work efficiently.
Some of the cookies we use are essential for our Sites to function correctly - for example keeping track of items that have been added to your shopping basket or remembering you have logged in. Other cookies may be used to personalize your online experience, track your journey through our Site (so that we can maximize your experience and help us understand how we can improve it) or analyses the success of promotions. Other cookies may be from third parties such as social networking sites, affiliates or partners. For more information about our cookies policy please visit our cookies policy page.
29. Advertisements and Promotions; Third-Party Products and Services
Gentle Force may run advertisements and promotions from third parties on the website or may otherwise provide information about or links to third-party products or services on the website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Gentle Force is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of non-Gentle Force advertisements or other third party information on the Services.
30. Acceptable Use Policy
The following sets forth Gentle Force “Acceptable Use Policy”: You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content
(i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
(iii) Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
(iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party;
(v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or
(vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case
31. Prohibited Use
The Services may include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code or other items or materials on the Services (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Loss or misuse of the login details and/or abuse of the Platform must be reported to Gentle Force immediately. Gentle Force is not liable for (the consequences of) loss of login details and/or the misuse of login details of the Customer by a third party.
Gentle Force will always save all files, and documents created through our platform as long as a user pay their subscription fee.
Should a user wish to stop paying for the premium feature, perhaps wish to delete their Gentle Force account or unsubscribe, the user must delete their documents, or else Gentle Force will delete all of their data and documents after 3 months.
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
The user is obliged to keep his own current (digital) copy of all information, data and Content that the user provides to Gentle Force under the terms of the execution of the Agreement, whether or not via the Platform
Gentle Force will not compensate anyone if their files are lost due to technical problems or miss-use of their user account. The user must ensure to save copies of their documents on their computer, after every session.
Unsolicited promotions, political campaigning, advertising or solicitations;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of Gentle Force, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Gentle Force or our users to any harm or liability of any type.
The use of the Platform by the user and Content he uploads and downloads, may not infringe the rights, good name and interests of Gentle Force and/or third parties, including but not limited to intellectual property rights and rights relating to the protection of personal data.
The Content uploaded by the user must be provided in a manner and in a format as indicated by Gentle Force.
The Content uploaded by the user is owned and remains the property of the user.
Except as otherwise provided herein, on the Services or in a separate agreement (such as the rules of Gentle Force promotion), Gentle Force claims no ownership or control over any User Content. However, by submitting or posting User Content to the Services, you grant Gentle Force a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights toGentle Force at the time you post or submit such content.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
32. No Warranty
Gentle Force services & website, is provided “as is,” without warranty of any kind. Without limiting the foregoing, Gentle Force expressly disclaims all warranties, whether express, implied or statutory, regarding our website or services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, Gentle Force makes no warranty or representation that access to or operating our website or contents will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from Gentle Force website. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
33. Indemnification
You agree to defend, indemnify and hold harmless Gentle Force, our independent contractors, service Gentle Force and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.
34. Disclaimers
YOUR USE OF THE WEBSITE, SOFTWARE, AND SERVICES WILL BE AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. GENTLE FORCE AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
GENTLE FORCE MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT (i) THE ABILITY OF THE WEBSITE, SERVICES, OR SOFTWARE TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (ii) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE, SERVICES, OR SOFTWARE, (iii) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE), AND/OR (iv) THIRD-PARTY PRODUCTS, AND GENTLE FORCE ASSUMES NO LIABILITY OR RESPONSIBILITY THEREWITH.
35. Limitation of Liability
YOU AGREE THAT WWW.PRIMEFUNNELBUILDER.COM AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF WWW.PRIMEFUNNELBUILDER.COM, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
36. CAN-SPAM Act
In accordance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), Gentle Force follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior purchases, and account information.
37. User Feedback
Gentle Force enables you to generate ratings and reviews, photos, videos or other content about services and products on the website ("Feedback"). Feedback is intended to enable other users to get a meaningful picture of the website service. Feedback may only contain truthful information. Feedback must be in accordance with the law and may not violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection regulations. You agree:
(i) to base any rating or review you post only on your first-hand experience with the applicable business, product, or service;
(j) you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation;
(k) you will prominently indicate if your review was sponsored or paid for in any way; and
(l) Your review will comply with these Terms.
38. Protection of Personal Data and Confidential Information
1. Gentle Force may process personal data of or provided by the user under the terms of the Agreement. Personal data will be processed in accordance with applicable laws and regulations, in accordance with Gentle Force’s Privacy Policy, which the User agrees to upon the conclusion of the Agreement.
2. The User declares and guarantees that he is authorised to provide and process the personal data as referred to in this terms to Gentle Force with respect to the performance of the agreement.
3. The User retains, as far as applicable, the title to the personal data provided to Gentle Force.
4. The User fully indemnifies Gentle Force against all third-party claims, which arise in any way from and/or are related to the processing of personal data by Gentle Force via the Platform and/or the Services, or by the third party providing services to Gentle Force in this respect
39. Service Amendment
Gentle Force reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that Gentle Force will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.
40. Residents of California
If you are a resident of California, you have certain rights and protections under the California Consumer Privacy Act (“CCPA”). Please see our California Privacy Act page for more information.
41. Information and Privacy Statement.
Gentle Force has made a commitment to protect the confidentiality and privacy of your personally identifiable information. Please see Gentle Force's Privacy policy, for more information about our collection, use and protection of your personal information. By using the Site, you are specifically consenting and agreeing to Gentle Force's Privacy Statement and, if you're located in the European Union, you expressly consent that Gentle Force may transfer, process and store your personal data within and outside the European Union.
42. Consent to Electronic Communications
For contractual purposes, you (1) consent to receive communications from Gentle Force in an electronic form such as email, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Gentle Force provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
43. Children’s Privacy (COPPA)
Gentle Force respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of personal information from children under the age of 13. This Site does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, or do we provide Gentle Force services to children under 13 years of age except as permitted by COPPA. However we may provide our service to children under 13 years of age but in supervision of a parental guardian.
44. No Reliance
You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.
45. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Gentle Force and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
46. No Representative Actions
You and agree that any dispute arising out of or related to these Terms or our Services is personal to you and
Gentle Force and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
47. Arbitration of Disputes
Except for small claims disputes in which you or Gentle Force seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Gentle Force seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Gentle Force waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Gentle Force or relating in any way to the Services, you agree to first contact Gentle Force and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Gentle Force.co by email at [email protected] The Notice must
• Include your name, residence address, email address, and telephone number;
• Describe the nature and basis of the claim; and
• Set forth the specific relief sought.
Our notice to you will be similar in form to that described above. If you and Gentle Force cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. In accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS blog site and are hereby incorporated by reference. You either acknowledge or agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Gentle Force agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Gentle Force, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Gentle Forcewill not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this agreement by sending an email to [email protected] In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this agreement.
If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this terms; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this terms is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this terms will be enforceable.
48. Governing Law and Jurisdiction
This terms and conditions shall be governed and construed in all respects by the laws of the United States of America and Delaware Municipal Court and the European Union GDPR regulation. You agree that any claim or dispute you may have against must be resolved by arbitration. You and Gentle Force both agree to submit to the non-exclusive jurisdiction of the United States of America and Delaware Municipal Court; for claims falling within the United Kingdom jurisdiction, you and Gentle Force both agree to submit to the jurisdiction of the United States of America and Delaware Municipal Court.
Any dispute arising from these Terms and your use of the Services will be subject to Arbitration, without regards to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, hence it will be resolved by arbitration.
49. Miscellaneous
Gentle Force may modify the terms herein contained at any time. Such modifications shall be communicated by email and shall be binding on you.
• All disputes relating to these terms and any supplies made by Gentle Force to you shall be governed by the laws of the United States of America without reference to its conflict of laws principles and is subject to the exclusive jurisdiction of the Delaware Municipal Court.
• Gentle Force's opinion on all issues pertaining to the interpretation of these Terms shall be final and binding on you.
• Gentle Force is subject to existing laws and legal process and nothing contained in these Terms is in derogation of Gentle Force's right and obligation to comply with the Law or governmental, court and requests of enforcement agencies.
• If any part of these terms are held to be invalid or unenforceable including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and is nevertheless valid and enforceable and the remainder of these terms shall continue in effect.
• You may not assign any rights or obligations against Gentle Force without Gentle Force's prior written consent. Gentle Force reserves the right to transfer any right or obligation against you upon notice to you. Upon such assignment, the assignee shall be bound by the Terms in the same manner as Gentle Force and Gentle Force shall cease to have any liability to you. Gentle Force shall not be responsible for any delay or deficiency due to any force majeure events such natural disasters, acts of terrorism, civil labor strife, labor and transportation strikes
50. Termination
Gentle Force reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.
51. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
52. Copyright License
Copyright (c) 2020(s) of first publication Gentle Force. Subject to the express provisions of these terms and conditions:
a) We, together with our licensors, own and control all the copyright and other intellectual property rights in Gentle Force website and the material on our website; and
b) All the copyright and other intellectual property rights in Gentle Force website and the material on our website are reserved.
53. Contact Us
If you have any questions about these Terms & condition, please contact us at Email: [email protected]