Course Terms & Conditions - Rethink the Rat Race

COURSE TERMS OF USE

THERE IS A MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION IN THESE TERMS.

PLEASE REVIEW CAREFULLY.

The following terms (“Terms of Use”) constitute an agreement between James Lowery

Contracting, LLC (the “Company”) and the purchaser (“you”) of the Remote Airbnb Management

course (the “Course”) offered by Company found at https://rethinktheratrace.com/ (the

“Website”) that governs your purchase and participation in the Course. You agree to abide by

the Terms of Use as a condition of your participation in the Course.

Your purchase of the Course constitutes your acceptance of, and agreement to the following

policies, and these Terms of Use. These Terms of Use are subject to change without notice. If

you do not agree with or do not accept any part of these Terms of Use, you should not purchase

the Course. Additionally, this Course is hosted on the ThriveCart platform and is subject to

ThriveCart’s Terms of Service and Privacy Policy.

Company respects your privacy and is committed to protecting it. Your access and use of the

Course is subject to the Course’s Privacy Policy as well.

Disclaimer

You understand that a professional or consulting relationship does not exist between you and

Company outside of the purchase of this Course. Company has made every effort to ensure that

all materials within the Course have been tested for accuracy. There is no guarantee that you

will see positive results to your business or lifestyle using the techniques and materials provided

by Company. Company assumes no management responsibility for your decisions or for policies

or practices that you implement.

Any statements related to income or earnings potential, regardless of medium, are examples of

what may be possible in the future. Company makes no guarantees regarding results, present

or future. Company is not responsible for your earnings, income, sales, or any other business

performance as a result of this Program.

Company is not affiliated with Airbnb, Inc. or any other third-party online property rental

platform that may be referenced in the Course.

Your Responsibility

The Course was developed strictly for educational purposes. You understand and agree that you

are fully responsible for your participation, progress, and results from the Course. Company

makes no representations, warranties, or guarantees. You understand that results may vary

from person to person. You understand that Company is not responsible for your results or any

expenses that you may incur as a result of your purchase.

Company assumes no responsibility for errors or omissions that may appear in the Course. The

Company recommends that you: (a) seek the advice of professional advisors, including

accounting, legal, financial planning, and tax professionals before utilizing any of the information

contained in the Course, and (b) independently verify any calculation or output obtained. It is

solely your responsibility to confirm that you are complying with any local laws, rules, or

regulations in connection with the rental of a property to a third party. Company expressly

disclaims any and all liability for any actions that you may take in connection with the

information learned in the Course.

Your use of the Website and Products is at your own risk. The results from the Website and

Products presented may not reflect the actual return of your own investments. Company is not

responsible for the consequences of any decisions or actions taken in reliance upon or as a

result of the information provided.

Purchase Policies

You may purchase the Course on the Website. To purchase a Course, you will be required to

select a payment plan and provide Company’s third-party payment provider with information

regarding your credit card or other payment instrument. You represent and warrant to

Company that such information is true and that you are authorized to use the payment

instrument. You will promptly update your user account information with any changes (for

example, a change in your billing address or credit card expiration date) that may occur. You

agree to pay Company the amount that is specified in the payment plan in accordance with the

terms of such plan and these Terms of Use. You hereby authorize Company to bill your payment

instrument in advance in accordance with the terms of the applicable payment plan until you

complete full payment and you further agree to pay any charges so incurred. If you dispute any

charges you must let Company know within sixty (60) days after the date that Company charges

you.

Registration and Restricted Access

Access to the Course is restricted to Course participants. When you register, you will create a

user profile, which may include a username and password. You agree to keep your username

and password confidential. You may not share your username and password with anyone, for

any reason, without express written consent by Company. If you suspect your password has

been compromised, you must notify Company immediately at contact@rethinktheratrace.com.

Company will not be liable for any loss caused by the unauthorized use of your account;

however, you may be liable to Company or other third parties for any losses incurred due to

such unauthorized use.

Company may disable your username and password and access to the Course at its sole

discretion. Company reserves the right to modify methods for registration and access levels of

registered users from time to time.

Refund Policy

Refunds are only available within seven (7) days if you do not complete module 1 of the Course.

There will be no other refunds issued. Certain jurisdictions may have longer periods where

refunds will be granted. Company will honor such periods as required by law.

License for Use of Course

The Course was developed solely for your personal use and may not be reproduced for

publication or for the personal or commercial use of others without permission. You may not

create any derivative works of the Course. When you purchase the Course, you agree that you

will not use any information you gain from the Course to create any product or service, whether

offered for commercial or personal use, without express written consent of the Company. All

inquiries for use of Company intellectual property must be submitted to

contact@rethinktheratrace.com. Company reserves the right to seek equitable and

compensatory relief for any violation of this term.

Termination

In its sole discretion, the Company reserves the right to terminate your access to any Course if

you violate these Terms of Use or for any other reason. If Company terminates your access to

any Course for the breach of the Terms of Use, you will not be eligible for a refund of any

amounts paid. If Company terminates for any other purpose, Company may issue a refund at

Company’s sole discretion. If you terminate the Terms of Use or fail to attend or utilize any

Course, you will not receive a refund for any amounts paid.

Confidentiality and Privacy

Company respects your privacy and insists you agree to respect the privacy of Company and all

other Course participants (“Participants”). Any confidential information (“Confidential

Information”) shared by Course Participants, or any Company representative is confidential,

proprietary, and belongs solely and exclusively to the disclosing party. All parties agree not to

disclose, reveal, or make use of any Confidential Information or any transactions, during

discussions, in the Course, or otherwise. You agree not to use such Confidential Information in

any manner other than in discussion with other Participants during the Course. Confidential

Information includes, but is not limited to, information disclosed in connection with this Course

and the Terms of Use, and information related to the business or client information of Company

or a Participant and shall not include information rightfully obtained from a third party. Both

parties will keep Confidential Information in strictest confidence and shall use the best efforts to

safeguard the Confidential Information and to protect it against disclosure, misuse, espionage,

loss, and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore,

you will NOT reveal any information to a third party obtained in connection with this Course or

the Terms of Use. By purchasing this Course, you agree that if you violate or display any

likelihood of violating these Terms of Use the Company and/or the other Participant(s) will be

entitled to injunctive relief to prohibit any such violations to protect against the harm of such

violations.

Intellectual Property

All original materials provided by Company as part of the Course are owned by Company. Any

original materials are provided for your individual use only. You are not authorized to use or

transfer any of Company's intellectual property or any aspect of the Course. All intellectual

property remains the property of Company. No license to sell, distribute, reproduce, prepare a

derivative work, display, or perform is granted or implied. Company will be entitled to

injunctive relief to prohibit any such violations to protect against the harm of such violations.

By accessing and viewing any Course, you agree that you will not create any electronic

information product that utilizes the information gained through the Course whether or not that

information was available through other means.

Certain of the names, logos, and other materials displayed in the Course constitute Company’s

intellectual property, including, but not limited to, patents, trademarks, service marks, trade

secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without

Company’s express consent. Ownership of Company IP remains with the Company and you

agree not to make any claims or assertions of any other party’s ownership of Company IP.

Rethink the Rat Race is a trademark of Company and is protected by United States trademark

law. Company's and instructor’s trademarks and trade dress may not be used in connection

with any product or service that is not Company's or the instructor’s, in any manner likely to

cause confusion among consumers or in any manner that disparages or discredits Company, the

Program, or any experts featured therein.

Use of the Course

Each Course includes materials protected by intellectual property laws, including but not limited

to written text, logos, photos, videos, music, art, designs, and graphics. You may view,

download, print, email, and use materials from a Course for personal, noncommercial purposes

only subject to the license below. You may not republish, reproduce, duplicate, copy, display,

distribute or otherwise use any material from any Course for commercial purposes. Any

reproduction or unauthorized use of any materials found in the Course shall constitute

infringement.

Unless otherwise stated, Company owns the intellectual property and rights to all content and

material in the Course. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use,

subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

• Republication of content from the Course, unless content is specifically and expressly

made available for republication;

• Sale, rental, or sub-license of any content from the Course;

• Reproduction or duplication of any content in the Course for commercial purposes;

• Modification of any content in the Course, unless content is specifically and expressly

made available for modification; or

• Redistribution of content in the Course unless content is specifically and expressly made

available for redistribution.

From time to time, the Course will utilize various plugins or widgets to allow sharing of content

via social media channels, email, or other methods. Use of these plugins or widgets does not

constitute any waiver of Company’s intellectual property rights. Such use is a limited license to

republish the content on the approved social media channels, with full credit to Company.

You must not use the Course in a way that causes, or may cause, damage to the Course or

impairs the availability of access to the Course. You must not decompile, reverse engineer,

disassemble or otherwise reduce the Course, except to the extent that such activity is expressly

permitted by applicable law. You must not use the Course to copy, store, host, transmit, send,

use, publish, or distribute any material that consists of (or is linked to) any spyware, computer

virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious

software.

You must not conduct any systematic or automated data collection activities, including, but not

limited to scraping, data mining, data extraction or data harvesting on or in relation to the

Course without Company's express written permission.

You must not use the Course to transmit or send any unsolicited commercial communications.

You must not use the Course for any third-party marketing without Company's express written

permission.

Grant of Rights and Release

You understand and agree that Company may record, otherwise capture, and publish recordings

that contain your name, image, and video and sound recordings of you as a participant in the

Course (the “Recording”). You grant Company a worldwide, irrevocable, non-exclusive, royalty-

free license to use, reproduce, adapt, publish, translate, and distribute the Recording and any

content you contribute to the Course (the “Student Content”). The Student Content includes,

but is not limited to, text, images, audio material, comments, video material, and audio-visual

material. This license extends to all known and future media. You also grant Company the right

to sub-license these rights and the right to bring an action for infringement of these rights.

You understand and agree that, in the event your access to the Course is terminated, this license

and release survives termination and Company may, in its sole discretion, utilize the Recording

and Student Content as set forth herein. This authorization and release shall inure to the

benefit of the legal representatives, licensees and assigns of Company and you hereby release

Company from, and agree not to sue for, any claim or cause of action, whether known or

unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other

claim or cause of action, based upon or relating to the use of the Recording or Student Content,

or the exercise of any of the rights referred to herein.

You acknowledge that, in the event of any breach by Company or any third party, the damage, if

any, caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or

other equitable relief. Your rights and remedies will be strictly limited to the right, if any, to

recover damages in an action at law, and you will have neither the right to rescind or terminate

this license or any of Company’s rights hereunder, nor the right to enjoin the production,

exhibition, or other exploitation of the Recording or Student Content.

Content Contributed to the Course

Any content you contribute to the Course, including, but not limited to text, images, audio

material, comments, video material, and audio-visual material, must not be illegal or unlawful,

may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal

action whether against you or Company or a third party.

Company reserves the right to edit or remove: (i) any material submitted to the Course; (ii)

stored on Company’s servers; or (iii) hosted or published on the Course or Website. Company

takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to

monitor the submission of all content to, or the publication of such content on, the Course.

Comment Policy

The Course may offer you the option to provide comments either written or verbal. The

following types of comments will not be tolerated and will be deleted:

• harassment directed toward any content creator, participant, or Company;

• spam;

• hate speech;

• defamatory to Company or any third party;

• reference illegal acts;

• violate the legal rights of a third party; or

● Any other action that may impede the use and enjoyment of the Course by other

participants.

Company’s sole discretion will be used to determine if a comment is in violation of this

comment policy. Any comments in violation will be promptly deleted and no further

explanation will be due to you if your comment was determined to be in violation with this

policy.

You are, and shall remain, solely responsible for the any content you upload, submit, post,

transmit, communicate, share, or exchange by means of the Course and for the consequences of

submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY

TO MONITOR THE COURSE, INCLUDING THE GROUP AND SPECIFICALLY DISCLAIMS ANY

RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREIN.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS OF THE

COURSE. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY HAS NOT, AND DOES NOT,

IN ANY WAY: (A) SCREEN ITS PARTICIPANTS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS

PARTICIPANTS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS PARTICIPANTS. YOU HEREBY

AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER

PARTICIPANTS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER PARTICIPANT IN PERSON.

COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS

PARTICIPANTS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL,

OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PARTICIPANT’S,

INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH,

EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM

COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS.

You and any Participant violating the Terms of Use may be immediately and permanently

removed from the Course, in Company’s sole discretion and no refund will be due to you in such

case.

Any content posted in the Course is the sole responsibility of the person(s) who created it, and

Company and its employees, agents, directors, and officers, undertake no obligation or liability

related to such content. Company and its employees, agents, directors, and officers do not

undertake or assume any duty to monitor for inappropriate or unlawful content posted by

Participants, nor does it assume responsibility or liability that may arise from any content posted

in the Course, including, but not limited to, claims of defamation, libel, slander, infringement,

invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.

Company reserves the right to report to the appropriate authority any post, comment, message,

or Participant in the Course that Company deems, in its sole discretion, may implicate the safety

of either Company, a Participant or a third-party.

All posts in the Course are confidential and may not be shared by any member outside of the

Course. You acknowledge, however, that the Course may be joined by any member of the

public, and so confidentiality cannot be guaranteed. Please do not post any information that

you do not want shared.

Communication – Electronic Notice

You consent to receive communications from Company electronically. You agree that all legal

notices provided via electronic means from Company satisfy any requirement for written notice.

Third Parties

The Course offers resources that may contain links to third-party websites that are not governed

or controlled by Company. You represent and warrant that you have read and agree to be

bound by all applicable Terms of Use and policies for any third-party websites. Company

assumes no control or liability over the content of any third-party sites. You expressly hold

harmless Company from any and all liability related to your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or

linked on the Course, you must complete any necessary investigation or due diligence. If there

is a dispute for any commercial transactions with a third party discovered through or linked in

the Course, you expressly hold Company harmless from any and all liability in any dispute.

No Warranties

The Course is provided on an "as is" and "as available" basis without any representations or

warranties, expressed or implied, including, but not limited to, warranties of merchantability or

fitness for a particular purpose. Company makes no representations or warranties in relation to

the Course, or the information and materials provided therein.

Company makes no warranty the Course will meet your requirements; will be available

uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy,

and reliability of the Course.

Limitation of Liability

COMPANY WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,

EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING

LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF

CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER

PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR

CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE, THE COURSE OR THE

AROSE OR BE FOREVER BARRED.

Indemnity

You agree to defend, indemnify and hold Company, its members, employees, officers, directors,

managers, and agents harmless from and against any and all losses, claims, suits, actions,

liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses)

which Company suffers as a result of third-party claims based on: (i) your negligence or

intentional misconduct, (ii) your breach of any provision of the Terms of Use (including

representation or warranty); (iii) materials prepared or provided by you including, but not

limited to, any claims of infringement, or misappropriation of copyright, trademark, patent,

trade secret, or other intellectual property or proprietary right, infringement of the rights of

privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage

arising out of, or relating to, your obligations hereunder.

Equitable Relief

You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company

may suffer irreparable injury, such that no remedy at law will afford it adequate protection

against, or appropriate compensation for, such injury. Accordingly, you agree that Company

shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a

court of competent jurisdiction.

Miscellaneous

The Terms of Use will be governed and construed in accordance with the laws of the State of

Alabama. Any controversy or claim arising out of or relating to the Terms of Use, or the breach

thereof, shall be settled by arbitration administered by the American Arbitration Association

(“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the

arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such

arbitration shall be in Morgan County, Alabama. The parties also agree that the AAA Optional

Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s)

of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall

be severable and enforceable. If a provision is excessively broad, such a provision shall be

limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by

you without Company's prior written consent; however, the Terms of Use may be assigned by

Company in its sole discretion. The Terms of Use are the final, complete, and exclusive

agreement of the parties with respect to the Course offered by Company. Company reserves

the right to amend, alter, or modify the Terms of Use at any time. All notices with respect to the

Company and to your email address. The failure of Company to exercise or enforce any right or

provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the

representative of the Company.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A

REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE

SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC

POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED

WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I)

THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS

ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING

ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR

PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE

PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

All notices with respect to the Terms of Use must be in writing and may be via email to

contact@rethinktheratrace.com for Company and to your email address.

Last updated: August 15, 2022.