Course Terms & Conditions
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
Terms of Use. Company reserves the right to modify, alter, amend, or update its Course,
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.
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
TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION
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
Terms of Use must be in writing and may be via email to contact@rethinktheratrace.com for
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
Terms of Use by Website or Company must be in writing and signed by an authorized
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.