Touchstone

Effective Date: July 18, 2016

WorldBlu, LLC (“WorldBlu,” “We,” “Us,” “Our”) provides various business coaching services, products, and goods through this Website (the “Service”). This Service is offered subject to Your acceptance of these Terms as well as any relevant sections of the Client’s on Demand, LLC Privacy Policy.

Please read these notice, terms, and conditions (“Terms”) carefully before using Our Service.

BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU:

a) HAVE READ THESE TERMS,
b) UNDERSTAND THESE TERMS, AND
c) ACCEPT AND AGREE TO BE BOUND BY THEM.

You must be at least 18 years old to access this Website or to purchase products and/or Services from Us.

You agree that you are accessing the Services on Our Website for business purposes. If you are using the Service on behalf of an organization, You are agreeing to these Terms for that organization and confirming now to WorldBlu that you have the authority to bind said organization to Our Terms of Service (in which event, “You” and “Your” will refer to that organization).

If you do not agree with these Terms, or are under 18 years old, please do not use the Services or Our Website. If at any time you are not willing to be bound by these Terms, You should:

a) click the “I do not accept” or similar button,
b) terminate any download and/or installation process,
c) immediately cease and refrain from accessing or using the program, and
d) delete any copies you may have.

ACCOUNTS

As part of the registration or account creation process, You will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.

The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio and/or visual presentations, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the “Content”) on this Website, or any part of such Content, or share your rights under these Terms to and with others.

You agree that You will not provide false information to Us in generating Your account. Specifically, You agree that you will not

(i) select or use the login credentials of another person or company with the intent to impersonate that person or company; or
(ii) use login credentials in which another person or company has rights without such person’s or company’s authorization.

Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of your account.

Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, or any license key to any third party, or use the Content, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to you by these Terms.

You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party.

You are responsible for all usage or activity on your account on this Website and related Social Media, including use of the account by any third party authorized by you to use your login credentials.

NO REFUNDS

Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, WorldBlu abides by a strict, no refund policy. By accepting these Terms, You agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Services offered via this Website.

NO WARRANTIES

By accepting these Terms, You agree and understand that We provide seminars and business coaching services only and guarantee no specific results. You acknowledge that We make no promise or representation that You will make a certain amount of money, or any money, or that you will not lose money, as a result of using these Services.

Any earnings, revenue, or income statements viewable on this Website or our related Social Media are based on actual individual results of our clients and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. As with any business, Your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience. Each person’s results will vary.

There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and services should be based on your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.

In accepting these Terms, You acknowledge that You take full responsibility for your own success.

In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.

Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

CONSENT TO USE INFORMATION

By accepting these Terms, you agree that We may collect, use and disclose your identifying information obtained as a result of Your membership, for the following purposes:

(i) the processing of this membership application; and
(ii) the administration of the membership with our organization.

Please visit the Privacy Policy (http://www.worldblu.com/privacy-policy) for further details on our data protection policy, including how You may access and correct your personal information or withdraw consent to the collection, use or disclosure of your personal information.

Additionally when You communicate with Us, send Us information, or provide Content to Us, You grant Us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.

INTELLECTUAL PROPERTY STATEMENT

The contents of the Services, including the Website, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by WorldBlu, LLC, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.

By accepting these Terms, You further acknowledge and agree that We and Our third party licensors own and shall continue to own all right, title, and interest in and to the Content and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.

Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the Content and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us. These Terms do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.

TERMINATION

We may elect to terminate the Services on this Website at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms. You may terminate any account You establish via this website at any time upon written notice to Us.

MISCELLANEOUS

These Terms may not be modified or amended orally, impliedly, or in any manner not set forth in a duly executed writing or otherwise permitted by these Terms.

We reserve the right to modify, terminate, or otherwise amend Services available via this Website and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.

Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

These Terms in all respects shall be governed by and construed according to the laws of the State of Iowa. The venue for any dispute shall be in Linn County.

This Agreement is entered into in Cedar Rapids, Iowa. You agree and consent to the exclusive jurisdiction and venue of the state of Iowa and county of Linn for any dispute arising from or related to this Agreement.

Should any part of these Terms be declared void or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms.

Correspondence should be sent to hello@worldblu.com.

Effective Date: April 23, 2018

WorldBlu, LLC (hereinafter referred to as “WorldBlu,” “We,” “Us,” or “Our”) is committed to protecting both the personal as well as business information You share and/or store with us. This Privacy Policy applies to transactions, activities, and data gathered through the WorldBlu Website, as well as interaction You may have with its related Social Media accounts. Please review this Privacy Policy periodically as We may revise it. Should any revision take place, You will be notified via email.

Generally, We may collect and use personal information for many purposes, including, but not limited to: billing, product and service fulfillment, understanding customer needs, providing a better website, improving products and services, and communicating with customers and potential customers regarding our products and services with third party providers of products and services. Such third party providers include: HotSpot, a data collection agency; Stealth Seminar, providing webinar automated software; PayPal, facilitating online payments; Merchant Credit Card Processing, processing online payments; and Franchise Payment Network, also processing online payments.

Account Registration Information

In some instances, use of the WorldBlu Website and Services[1] may require that You disclose certain personal information for identification, including a unique email address and demographic information (including, for example, ZIP code, age, sex, job industry, job title, and income) to register.

Personally Identifiable Information that You Provide to Us

We do not collect personally identifiable information e.g., name, e-mail address, contact or similar information unless you choose to provide it to us through the solicitation of our Services. If You voluntarily provide Us with personal information, for example by sending an e-mail or by filling out a form and submitting it through Our Website, you are granting us permission to use that information to respond to your message and to help us provide You with the information or services that You request.

Billing and Credit Card Information

Our Services are comprised, generally, of business coaching Webinars, Seminars and materials distributed on a subscription basis. To enable payment, We collect and store name, address, telephone number, email address, credit card information, and other billing information. This information will only be shared with third parties, named above, who facilitate completion of the purchase transaction.

We will not disclose your billing and/or credit card information to any additional party for any reason, unless we are required to do so by law, or unless disclosure is absolutely necessary to address a potentially harmful issue that can only be resolved in such a manner. For instance, if you claim that your billing and/or credit card information was used to make a purchase you did not authorize, details about the transaction may be disclosed to law enforcement and any party We deem necessary to address the matter. However, only information pertinent to the specific issue or transaction in question will be disclosed, and only to parties who are indispensable to its resolution.

How this Information is Used

The information We collect is used for a variety of purposes, such as:

enabling Your use of Our Services and fulfilling Your requests for certain features, such as participating in and renewing paid services, polls, and message boards;
conducting statistical, demographic and marketing analyses of users of Our Services to improve our relationship with our customers;
informing our advertisers generally about the nature of our subscriber base to improve our relationship with our customers;
customizing Your experience by allowing advertising to be targeted to the users for whom such advertising is most pertinent
product development purposes

Direct Communication

An important aspect of our Services includes direct communication with our customers. As a result, We will periodically send You communications to your email, text, or voice mailbox, via telephone, fax, cell phone, email, paper mail, or any other delivery method regarding the products or services you may have purchased through this Website. We may also send you information about product or service updates, new features, or information We believe You may find interesting. We may send you information regarding other products and services We offer.

Cookies, Beacons, Local Storage and Other Similar Technologies

We use “cookies,” Web beacons, HTML5 local storage and other similar technologies. These technologies allow us to: manage access to and use of the Services, recognize you and provide personalization, and understand the preferences of our customers. You may choose to opt out of cookies at any time by sending an email directly to hello@worldblu.com.

We do not respond to browser-based “do not track” signals.

We may transmit non-personally identifiable website usage information to third parties (see terms and conditions for list of companies) in order to show you advertising for WorldBlu when you visit other sites.

Non-Personal Information Collected Through Technology and Third-Parties

During Your visit as You browse through the website, read pages, or download information, We automatically collect and store the following anonymous information about Your visit:

the date and time You access our site;
the pages You visit on our site;
if You navigate to our site by clicking a link, the location of that link;
the technical capabilities of the computer you use to access our site;
the internet service provider You use to connect to our site (for example “companyX.com” if You have a commercial internet account, or “universityX.edu” if You connect from a university); and
the IP address (a number automatically assigned to Your computer whenever You are surfing the internet) from which You access our site.

We use this information, in the aggregate, to make our website more useful to visitors — to learn about the number of visitors to our site and the types of technology used, to detect operational problems, and to improve the website’s overall security.

Analytics, Log Files and Reading History

We gather certain information from You automatically and store it in log files. (what kind of log files? Who has access to these? Are they private?) This information may include IP addresses, browser types, operating systems and other usage information about the use of our Website and Services, including a history of the pages You view.

We may combine this automatically collected log information with other information We collect about You. Doing so allows us to: customize recommendations for specific programs in which you might be interested, customize advertising to you, improve marketing, and track access and use of our Website and Services across any device you may use.

We have hired third parties[2] to provide us information, reports and analysis about the usage and browsing patterns of our users. They may independently record: the type of device and operating system You are using, your general location information, and the events that occur on our Website, such as how often you use our Website and Services.

Guarantee with Third-party Persons or Entities with Whom We Share Personally Identifiable Information

We will not knowingly sell, rent, swap or authorize any third party to use your email address.

Third Parties

We may share information about our audience in aggregate or de-identified form. Nothing in this Privacy Policy is intended to indicate a restriction of our use or sharing of aggregated or de-identified information in any way.

Disclosure by Necessity

We reserve the right to access, preserve, and/or disclose Your personal information should it be required to do so in order comply with the law, or should We have a good faith belief that such disclosure is necessary to comply with the law. Additionally, we explicitly reserve the right to disclose your personal information in the following instances:

to protect and defend our rights and property;
to protect against misuse or unauthorized use of our Services; or
to protect the personal safety or property of our users or the public (please be advised that this means if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).

As we continue to develop our business, We or Our affiliates may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be among the transferred assets.

Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our Website, your personal information may be transferred outside of your country of use and/or residence.

When your account becomes inactive, your information may remain in our computers, electronic databases, and archives, and may not be reasonably capable of expungement.

Miscellaneous

Your Rights and Requests

WorldBlu has a legitimate interest in obtaining the aforementioned personal information.

You have a right to a copy of the data and information being collected about you. You also have a right to inquire about how long your data will be kept. You may access and correct your personal information or withdraw consent to the collection, use or disclosure of your personal information. Should you wish to obtain, correct, or withdraw such information, please send an email to hello@worldblu.com. Additionally, if as a member of the European Union, should you have an issue with WorldBlu’s protection of your privacy, you may bring a claim with the Data Protection Authority. For a list of the additional rights you have, please visit https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens/my-rights_en.

Children’s Guidelines - COPPA Compliance. We do not knowingly collect or store any personal information about children under the age of 13.

Amendments

This Privacy Policy may be amended by us at any time. You will be provided notice of any and all amendments via email. Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented.

[1] “Website” includes the free webinars available to patrons. “Services” refers to all materials and accessed through payment and membership to your specific program. For a list of the “Services” to which you are entitled, please see the letter enclosed with your program-specific contract.

[2] See Terms and Conditions for names of parties with whom data will be shared. Any failure to include a specific party with whom data is shared is unintentional.

Effective Date: February 13, 2018