Jamana Intercultural

Terms & Conditions

Jamana Intercultural Terms and Conditions

THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THIS SITE AND THE ONLINE TRAINING SESSIONS. BY ACCESSING THE SITE OR ATTENDING ANY ONLINE TRAINING SESSION, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE OR ATTEND ONLINE TRAINING SESSIONS.

BY USING JAMANA INTERCULTURAL’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS JAMANA INTERCULTURAL MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE OR ATTENDANCE IN ONLINE TRAINING SESSIONS WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

 

1. Contact Information.

EmaiL: info@jamanaintercultural.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Telephone: 303-785-8996

Website: http://www.jamanaintercultural.com

 

2. Definitions.

  • “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
  • “Agreement” or “Terms” refers to these Terms and Conditions of use and any subsequent modifications.
  • “Jamana Intercultural” refers to Jamana Intercultural, LLC, a Colorado Limited Liability Company.
  • “User” refers to any party who Accesses the Site.
  • “Website” or “Site” refers to the website maintained on the World Wide Web by Jamana Intercultural, available at http://www.jamanaintercultural.
  • “You” or “Your” refers to the User.


3. Modification of Terms.

Jamana Intercultural reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately Jamana Intercultural gives notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

 

4. Limited License.

Jamana Intercultural hereby grants each User a limited, non-exclusive, non-sublicensable and non-transferable license to access the content and information available on the website or in online training sessions according to the provisions contained herein, and subject to the payment of the applicable purchase price and adherence to these Terms.

 

5. Description of Service.

Jamana Intercultural provides intercultural training in live, online sessions. Jamana Intercultural offers several individual sessions and combination of sessions for various prices.  Users purchase the session/package, and have the right to choose from a number of scheduled sessions the one that fits their schedule. Sessions are from 1-1.5 hours long, with a live instructor and opportunities for active participation by the learners. Sessions are held in a virtual classroom that is hosted by a third party vendor.

 

Jamana Intercultural also owns the website www.jamanaintercultural.com. Users find a number of interactive features on the website, including but not limited to a blog, a forum, informative articles, and a newsletter collection box.

 

6. Refund Policy

Refunds are given for online training sessions purchased online in the following manner:

  • A full refund will be given if the user so requests in writing to jamana@jamanaintercultural.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it any time 24 hours or more prior to the start of the session.
  • Less than 24 hours, but prior to the start of the session, users are eligible for 50% refund of the cost of the session.
  • Once the session for which the user is registered has started, no refund will be given.

7. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

1.     Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Jamana Intercultural’s computers, servers or databases.

2.     Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.

3.     Permit or provide others Access to the Site using Your user name and password or otherwise, or the name and password of another authorized User.

4.     Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.

5.     Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.

6.     Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content.

7.     Violate or attempt to violate Jamana Intercultural’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.

8.     Engage in any other conduct which violates the Copyright Act or other laws of the United States.

9.     Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Jamana Intercultural.

10.   Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.

11.   Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Jamana Intercultural.

12.   Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.

13.   Advertise or otherwise solicit funds, goods or services on the Site.

14.   Provide any commercial hosting service with Access to the Site and/or the content on the Site.

15.    

To ensure that Users of the Site do not engage in Prohibited Conduct, Jamana Intercultural reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the Site to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the Site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Site and will result in revocation or denial of Access to the Site. The terms “normal patterns” and “abuse” shall be determined solely by Jamana Intercultural.

Jamana Intercultural is not responsible for any content that any user may contribute to the Site, including but not limited to, blog comments and forum posts. Jamana Intercultural reserves the right to remove any content that it finds inappropriate or objectionable. Users who wish to report abuse of the Site may contact Jamana Intercultural at info@jamanaintercultural.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

 

You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

 

8. DISCLAIMERS AND LIMITATION OF LIABILITY.

USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. JAMANA INTERCULTURAL DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. JAMANA INTERCULTURAL DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL JAMANA INTERCULTURAL OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT JAMANA INTERCULTURAL RECEIVED FROM THE USER FOR AN ONLINE TRAINING SESSION, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL JAMANA INTERCULTURAL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT JAMANA INTERCULTURAL RECEIVED FROM THE USER FOR AN ONLINE TRAINING SESSION, EVEN IF JAMANA INTERCULTURAL SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF JAMANA INTERCULTURAL, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. JAMANA INTERCULTURAL IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

 

NO DEALER, AGENT, OR EMPLOYEE OF JAMANA INTERCULTURAL IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.

 

JAMANA INTERCULTURAL DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT JAMANA INTERCULTURAL RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

 

9. Third Party Content; Hyperlinks.

You acknowledge that Jamana Intercultural does not pre-screen third party materials. Jamana Intercultural is not the publisher or author of any information on the Site that is provided by third party content providers, and Jamana Intercultural is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Jamana Intercultural’s use of the content constitutes neither an endorsement nor a recommendation by Jamana Intercultural of the content. Jamana Intercultural assumes no responsibility for third party products or services.

 

Jamana Intercultural may contain links and references to other third party websites and materials. Jamana Intercultural does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Jamana Intercultural does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Jamana Intercultural may disable any hyperlink to the Site. Jamana Intercultural has the right but not obligation to monitor third party websites and hyperlinks to the Site.

 

JAMANA INTERCULTURAL MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, JAMANA INTERCULTURAL DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

 

10. Copyrights, Trademarks and Other Proprietary Rights.

Jamana Intercultural or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the look of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Jamana Intercultural. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the online training sessions may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Jamana Intercultural, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Jamana Intercultural’s intellectual property.

 

If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Jamana Intercultural, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.

 

11. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless Jamana Intercultural and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.

 

12. Security; Authorized Use.

Users are prohibited from violating or attempting to violate the security of the Site. Jamana Intercultural has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Jamana Intercultural may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access their online account. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.

 

You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.

 

You may not use the account, user name or password of someone else at any time. You agree to notify Jamana Intercultural immediately of any unauthorized use or loss of Your account, user name, and/or. You also agree to notify Jamana Intercultural immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Jamana Intercultural will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by Jamana Intercultural, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.

 

Jamana Intercultural will never ask You for Your password.

 

12. Termination of Agreement.

In addition to Jamana Intercultural’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Jamana Intercultural may also terminate Access to the Site if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Jamana Intercultural deems inappropriate.

 

13. Privacy Policy.

Jamana Intercultural values Your trust. In order to honor that trust, all of Jamana Intercultural’s employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review Jamana Intercultural’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.

 

14. Miscellaneous.

These Terms constitute the entire agreement between Jamana Intercultural and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Jamana Intercultural and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Jamana Intercultural may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Jamana Intercultural’s remedies are cumulative and not exclusive. Failure of Jamana Intercultural to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Jamana Intercultural makes no representation that the content of the Site is appropriate or available for use in all locations. Jamana Intercultural operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Jamana Intercultural cannot provide notifications via post, only e-mail.

 

15. Governing Law; Dispute Resolution; Forum and Venue.

These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Colorado law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Jamana Intercultural shall be finally resolved through binding arbitration. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.

 

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