Terms of Service
The website located at pod2.co and related online services, including newsletters, podcasts, webinars, workshops, or courses (collectively, the “Services”) are operated by Pod2 LP (“Pod2 Consulting,” “Pod2,” “we,” or “us”). The Terms of Service below (the “Terms”) govern your use of the Services and are a legal agreement between you and Pod2.
By using the Services, you represent that (a) you have read and accept these Terms; (b) you are at least 18 years old; and (c) if you are using the Service as a representative of a company or other legal entity, you have the authority to enter into agreements on such entity’s behalf. Your continued use of the Services means that you accept any new or modified Terms. These Terms are subject to change at any time. We take no responsibility to notify when Terms are updated.
In order to use certain features of the Services, you may need to create a Pod2 account (an “Account”). You will be asked to create a user name and password, which you’ll need to access the Services. By creating an Account, you certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current.
You are responsible for the security and confidentiality of your Account and the Account information you provide to us. You agree to use your best efforts to prevent unauthorized access to or use of the Services, including by maintaining a strong password and keeping your passwords and other Account information for the Services confidential. You agree to monitor and control all activity conducted through your Account and to notify us promptly if you become aware of or suspect any security breach regarding your Account.
Through the Services, you will have access to writings, graphics, audiovisual content, information, data, and other media, materials, and/or modes of expression (“Content”) that is owned or licensed by Pod2 and protected by copyright, trademark, patent, trade secret and other laws. Pod2 retains all rights to our Content, and your permission to use the Services under these Terms does not convey any additional right or ownership in connection with our Content.
You own the Content that you provide to Pod2 or otherwise make available through the Services. You grant to Pod2 a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use such Content in connection with providing, developing, or improving the Services. When you provide Content to Pod2 through the Services, you are stating to us that you have the right to make said Content available through the Service and to grant Pod2 the license set forth above.
You agree not to display any of Pod2’s trademarks or use them in any manner without our express written permission.
If you believe that any Content available through our Services violates your rights under U.S. copyright law, you may submit a takedown notice pursuant to the Digital Millennium Copyright Act (DMCA) to info [at] pod2.co
You agree to use the Services for lawful purposes only. You may not use or allow others to:
- Post or transmit any Content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
- Post or transmit any Content that you don’t have the right to transmit under law (such as material restricted by copyright laws) or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Post, transmit, or link to sexually explicit material;
- Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;
- Violate any applicable law or regulation while accessing and using our sites
- Post or transmit any file that contains viruses, corrupted files, “Trojan Horses”, or any other contaminating or destructive features that may damage someone’s computer;
- Scrape our Content or otherwise use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our Services;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our Services;
- Take any action that damages or disrupts the functioning of our systems or Services;
- Access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
- Access the Service by any means other than through the interfaces we provide for use in our accessing our sites.
Pod2 may at any time, without prior notice and at our sole discretion, remove any post, terminate any Account, or take any other action in response to violation of the above rules.
You agree to defend, indemnify, and hold harmless Pod2 from and against any claims arising from your breach of these Terms. Pod2 reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests to assist our defense of such matter.
Disclaimer of Warranties and Liabilities
We do not warrant the completeness or accuracy of the Content available through the Services or its usefulness for any particular purpose. We make no promises that our Content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. All information and Content provided on or by our Services is to be used on an “as is, with all faults” basis.
By using our Services, you agree that under no circumstances will we be liable for direct, indirect, incidental or any other type of damages resulting from your use of the Services, even if we have been advised of the possibility of such damages occurring. This includes, but is not limited to, loss or injury caused in whole or in part by our negligence or by circumstances beyond our control in creating or delivering any of our Services. In no event will our total cumulative liability exceed the purchase price of any goods or services obtained through the Services, and, if no purchase has been made, our cumulative liability shall not exceed $100.
In those states that do not allow the exclusion or limitation of liability, our liability will be limited to the fullest extent permissible by law.
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
If any provision in these Terms is found to be invalid or unenforceable the remaining provisions will continue in full force and effect. You may not assign your rights under these Terms to anyone else. We may assign our rights to any other individual or entity. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fort Bend County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sugar Land, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
Last updated: August 19, 2021