Picture Book Brain Trust Terms and Conditions

By enrolling in the Picture Book Brain Trust program, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not continue with your purchase.

This is a membership website. Payments will process automatically on the schedule you selected at the time of purchase (yearly or monthly).

REFUND POLICY

Due to the nature of this electronic product and the fact that it cannot be “returned”, I have a 14 day refund policy.  You cannot order and then ask for a refund straight away. Really, I should not do this because within minutes of ordering, you will be able to download years worth of my effort and knowledge. None of the content is ‘drip fed’ – you get all of it right away. There is no undoing that once you access the members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products. If after 2 weeks in the community, you are not satisfied, you may request a 100% refund.

CANCELLATION POLICY

If you are dissatisfied with your purchase for any reason, you will be able to cancel any future payments as long as you do so at least 48 hours prior to the payment processing date. Picture Book Brain cannot guarantee your cancellation request will be processed in time if it occurs within 48 hours of the billing date. The billing process is automated, but the cancellation process must be handled manually.

There will be no partial (or prorated) refunds on monthly OR annual payments. Cancellations will be effective on the last day of the customer’s billing cycle.

If you decide to join the Picture Book Brain Trust again at a later time you will be charged the current membership rate, regardless of any special offers or discounts you received in the past.

1. Agreement.

This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of the Picture Book Brain and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Picture Book Brain upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at picturebookbrain.com/terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Intellectual Property Ownership.

(a) Content. All content included on this site is and shall continue to be the property of Picture Book Brain or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by Picture Book Brain. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. Other product and company names mentioned on this Site may be trademarks of their respective owners.

(b) User Supplied Content. By accessing the forum, bulletin board, chat room, or any other user interactive area of the site, and placing any information in any of those areas, you hereby grant Picture Book Brain a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of the site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.

(c) Personal Use. Picture Book Brain grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use EXCEPT ON PASSWORD-PROTECTED platforms (e.g. Google Classroom, Seesaw, etc.). You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Picture Book Brain. Picture Book Brain may terminate your use of this website at any time.

(d) Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without Picture Book Brain’s prior express written consent.

3. Disclaimers.

(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Picture Book Brain DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

FURTHERMORE, Picture Book Brain DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Picture Book Brain, its SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.

(b) LIMITATION OF LIABILITY. Picture Book Brain SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH Picture Book Brain Trust OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF Picture Book Brain HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.

Success in any endeavor is based on many factors individual to you. Picture Book Brain does not know your educational background, your skills, your prior experience, or the time you can and will devote to the endeavor.

Please perform your own due diligence before embarking on any course of action. Follow the advice of your personal and/or professional qualified advisors.

4. Terms Relating to User Supplied Site Content.

(a) Participate at Your Own Risk. You enter and participate in the forum, bulletin board, chat room, or any other user interactive area of the site, and gain access to the materials contained thereon at your own risk.

(b) No Monitoring. Picture Book Brain does not monitor or screen communications on the forum, bulletin board, chat room, or any other user interactive area of the site and is not responsible for any material that any of the forum, bulletin board, chat room, or any other user interactive area of the site participant posts and does not assume the responsibility to do so. In the event that Picture Book Brain is notified by any party that any communications contained in the forum, bulletin board, chat room, or any other user interactive area of the site is contrary to these terms, Picture Book Brain may, but is not obligated to, investigate the situation and determine in my own discretion, whether to remove such communication from the forum, bulletin board, chat room, or any other user interactive area of the site. Picture Book Brain has no liability or responsibility to investigate or remove any content from the forum, bulletin board, chat room, or any other user interactive area of the site based upon a complaint or otherwise.

(c) Your Reliance at Your Risk. Picture Book Brain does not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through the forum, bulletin board, chat room, or any other user interactive area of the site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in the forum, bulletin board, chat room, or any other user interactive area of the site.

(d) No Endorsement. Picture Book Brain does not endorse or lend any credence for any statements that are made by any participant in the forum, bulletin board, chat room, or any other user interactive area of the site. Any opinions or views expressed by the forum, bulletin board, chat room, or any other user interactive area of the site participants are their own. Picture Book Brain does not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.

(e) You are Responsible. You are fully responsible for your own statements and materials that you post in the forum, bulletin board, chat room, or any other user interactive area of the site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold Picture Book Brain responsible for any such materials or statements.

(f) Removal of Material. As a participant in the forum, bulletin board, chat room, or any other user interactive area of the site, you agree that Picture Book Brain may remove any materials from the forum, bulletin board, chat room, or any other user interactive area of the site for any reason, in my sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold me harmless from and against any damage you or others may suffer as a result of removal of any content from the forum, bulletin board, chat room, or any other user interactive area of the site or from the discontinuance of the forum, bulletin board, chat room, or any other user interactive area of the site at any time.

(g) Right to Expel. Picture Book Brain has the right to remove, expel, or disqualify any party from participation and access to the forum, bulletin board, chat room, or any other user interactive area of the site for any time and for any reason, or for no reason whatsoever, in my sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.

(h) Right to Terminate. Picture Book Brain reserves the right to terminate the forum, bulletin board, chat room, or any other user interactive area of the site at any time and all users hold Picture Book Brain harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.

(i) Prohibitions. You agree that you will not:

  1. Use the forum, bulletin board, chat room, or any other user interactive area of the site for any illegal purpose.
  2. Place any material in the forum, bulletin board, chat room, or any other user interactive area of the site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.
  3. Place any material in the forum, bulletin board, chat room, or any other user interactive area of the site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person.
  4. Place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in the forum, bulletin board, chat room, or any other user interactive area of the site.
  5. Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in the forum, bulletin board, chat room, or any other user interactive area of the site.
  6. Pretend to be another person that you are not.
  7. Place materials in the forum, bulletin board, chat room, or any other user interactive area of the site that are disruptive or off-topic.

(j) Hold Harmless and Indemnify. You hold Picture Book Brain harmless from, and indemnify Picture Book Brain against, any and all claims for damages from third parties arising from your participation, use or conduct in the forum, bulletin board, chat room, or any other user interactive area of the site.

5. Miscellaneous.

(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the Picture Book Brain Trust or its members. You may not use the Picture Book Brain Trust to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.

(b) Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.

(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

(d) Indemnification. You agree to indemnify, defend and hold Picture Book Brain and its partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

(e) DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to the Copyright Agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

(f) All content (including but not limited to images, text, uploaded files, etc.) submitted to, uploaded, by members may be used in any way Josh Teaches Everything, LLC.  This includes but is not limited to promotional activities, advertisments, testimonials, etc.

(g) I understand that I am signing up for a recurring membership. I understand this is a subscription service and I will be billed based on the plan I purchased (monthly, quarterly, yearly, etc.). I understand that I will be charged each period on the same day that I signed up (or within 48 hours before or after the date depending on processing). Example: If I signed up on the 15th of May, I will be charged again on the 15th of June, the 15th of July, and so on until I cancel my membership.

(h) Cancellations. I understand that I can cancel my membership at any time. I understand that cancellations MUST be made within 48 hours of my renewal date to take affect for the next pay period.  I understand if I do not cancel within 48 hours of my renewal, I am not guaranteed the next payment will be prevented.  It is my sole responsibility to make sure when I cancel it is within 48 hours of my renewal. I understand that there are no partial period refunds, and that cancellations will take effect during the next payment period.  The first payment is nonrefundable.  Repeat: NO REFUNDS DISCLAIMER: Due to the nature of this electronic product and the fact that it cannot be “returned”, Picture Book Brain has a no refund policy.  You cannot order and then ask for a refund straight away. Within minutes of ordering you will be able to download years worth of my effort and knowledge. None of the content is ‘drip fed’ you get all of it right away. There is no un-doing that once you access the members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products. Cancellations will begin during the next scheduled payment period. By purchasing this membership you are agreeing to these terms and conditions. To cancel, email your request to josh@picturebookbrain.com within 48 hours of your renewal date. NOTE: Cancellations near major holidays are excluded from the 48 hour window.  You must cancel between 3-5 days before any major US holidays. Holidays include but are not limited to Christmas Eve, Christmas, New Years Eve, New Years Day, Thanksgiving (including the day before and weekend after), Bank Holidays, and all holidays recognized by the Government and major religious groups.

The Copyright Agent for Notice of claims of copyright infringement on the Site is Picture Book Brain, who can be reached as follows:

By e-mail: josh@picturebookbrain.com

Any statements outlined on my websites, programs, content and offerings are simply my opinion and thus are not guarantees or promises of actual performance.

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