Terms of Service

The Terms are an agreement between you and Mark Cunningham Group, Inc. Mark Cunningham Group, Inc., along with its parents, subsidiaries and affiliates, and their respective officers, directors, members, representatives, managers, partners, shareholders, joint venturers, third-party contractors, employees, licensees, licensors, and agents (collectively “THE ACHIEVE INSTITUTE” or “we” or “us” or “our”), provide the Website, including related products and services such as training materials accessible through your web browser and/or mobile applications, to you subject to the following Terms, which you acknowledge, agree to and consent to by using the Website. These Terms include the Website Privacy Policy, which is hereby incorporated by reference.

These Terms may be amended by us from time to time at its sole discretion. Upon amendment, we will Post a notice on our homepage. Please periodically review the controlling version of these Terms. By continuing to use the Website subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree and consent to such amendment.

YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

When using the Website, you shall be subject to any Posted rules, guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms. We may also offer other Websites that are governed by different terms.

You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are 18 years of age or older. If you are under 18, please do not submit personal information to us or use the Website.


Definitions

Some terms used herein are defined in the last paragraph of the Terms. Please refer below for definitions.


About THE ACHIEVE INSTITUTE

We provide users with access to the Achieve e-learning Website, which introduces users to The Achieve System™ concepts through a series of 17 online videos, lesson summaries and worksheets, presented weekly. Each online video presents a specific Achieve System concept. Online lesson summaries and worksheets reinforce the Achieve concepts presented in each video and provide users with a practical application of The Achieve System™ to improve performance.

The website requirements for opening video files are: Browser can be Internet Explorer 7.0 (or higher) or Firefox 3.5 (or higher) with JavaScript and cookies enabled. Adobe Flash must be enabled for video replay.

The information on this site is for general information only. This information should not be construed to be formal legal, psychological or medical advice nor the formation of a professional relationship with us. You are encouraged to seek independent professional advice regarding your individual medical and psychological needs. You assume full responsibility for appropriate use of the information available through this Website.


Accessing the Website

You may browse the Website without registering. However, in order to access some portions and features of the Website, including to play our games or download certain applications, you will be required to register with and/or sign into either the Website or the website of a third-party service provider who will handle some of your interactions with, or transactions made through, the Website. If you do so, you are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at [support@achieveinst.com]. If you interact with third-party service providers, and you provide them information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services.


Our Intellectual Property

Mark Cunningham Group, Inc., The Achieve Institute, The Achieve System™, Achieve e-Learning, Capacity Circle, Achieve Approach, and their associated logos are our trademarks and/or service marks. Other trademarks, service marks, and logos used on or through the Website, such as trademarks, service marks or logos associated with the third parties, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

The inclusion of images or text containing the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of this Website or any of the Content we provide.

Certain materials available on or through the Website are our Works. Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Website. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to reproduce our Works solely for your personal use in connection with browsing the Website and completing the lessons. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the freely available Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.

To enjoy certain features and Content provided by THE ACHIEVE INSTITUTE, payment is required as described below.

When you download or otherwise copy Content, including software applications, provided by THE ACHIEVE INSTITUTE, you are not buying or being gifted copies of the Content. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess the copies and use the Content for personal, non-commercial use, subject to specific terms and conditions (the “Content License”). Under this Content License you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the licensed Content or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Content License and constitute copyright infringement. You may retain and use the licensed Content for your own development.

The above described licenses are conditioned on your compliance with these Terms, and shall terminate upon termination of these Terms. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated. In order to protect THE ACHIEVE INSTITUTE’s rights, some Content, including mobile applications, made available on the Website may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how you may use the Content. You must not remove, delete, or alter any watermark or other digital rights management technology or other information, including any identification number, transactional terms, copyright owner, licensee, licensor, author, or date of creation or publication. Such conduct is prohibited by law.


Payments and Refunds

Permission to enjoy certain features and Content of the Website pursuant to the licenses described above is conditional and contingent upon payment of specified fees through payment methods described on the Website. Payment for such licenses will be made in full, via our Website. Methods of payment accepted are Mastercard, American Express, Discover and Visa. At that time, you may be asked to supply certain information, including account or credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases, as described in more detail below.

Permission to enjoy such features or Content shall not commence until full payment has been received. Once payment is received, you may enjoy the features or Content for your personal, non-commercial use as described above. THE ACHIEVE INSTITUTE will contact you by email within 48 hours with instructions on how to access the licensed Website Content.

Moreover, by their nature, all digital copies are non-returnable and thus some portions of payments for licenses are non-refundable. However, THE ACHIEVE INSTITUTE will provide you with a full refund if you are not satisfied with your experience within the first 7 days. If you cancel at any time after that, you’re your refund will be pro-rated at our sole discretion.


Taxes

All fees payable under these Terms are exclusive of VAT, duties or sales tax where appropriate, which is made payable at the standard rate applicable at the time. You are responsible for the payment of all sales and usage taxes when applicable and THE ACHIEVE INSTITUTE shall be entitled to charge such taxes to you in addition to the payment for any License.


Procedure for Making Complaints

If you believe that your rights, or the rights of a third party, are being violated in any way by any material on the Website, please contact us at: support@achieveinst.com

We will work to prevent unlawful activity from taking place on or through the Website.


Content Posted by Users

You understand that all User Content is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content.

You grant us a royalty-free, irrevocable, transferrable, sublicensable and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance) any and all User Content that you Post to or through the Website. You also waive to the full extent permitted by law any and all claims against us related to moral rights in User Content.

If any of the User Content that you Post to or through the Website contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such User Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such User Content at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances).


Prohibited Conduct/Representations and Warranties

You represent and warrant that you will not use the Website to:

  • violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
  • act in a manner that negatively affects other users’ ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, harassing, vulgar, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
  • Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;
  • Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
  • Post any User Content that is misleading or that misrepresents any fact (including without limitation your identity);
  • Post any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
  • exceed your authorized access to any portion of the Website;
  • remove, delete, alter, circumvent, avoid or bypass any watermark or digital rights management technology;
  • collect or store personal data about anyone;
  • disclose Confidential Information other than as described below;
  • obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
  • exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
  • reverse engineer, disassemble, or decompile the Website or any part thereof or apply any other process or procedure to derive the source code of any software included in the Website or any part thereof, or
  • reproduce (other than as necessary to lawfully access the Website or pursuant to a license), adapt, distribute, make available, communicate to the public, publicly display or publicly perform any portion of the Website or the Works, in whole or in part.

Confidentiality

The Content we provide is Confidential Information. You may use our Confidential Information to educate and inform yourself for personal or business use. All other uses are prohibited.


Our Conduct

To the extent allowed by law, THE ACHIEVE INSTITUTE shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:

  • delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without notice to you;
  • modifying or discontinuing temporarily or permanently, the Website (or any part thereof) with or without notice to you for any or no reason whatsoever;
  • immediately terminating your access to the Website for any or no reason whatsoever and with or without notice to you;
  • the accuracy, usefulness or availability of any information Posted to or through the Website, including but not limited to any securities trading or investment related information; or
  • any loss or damage of any sort incurred by you as a result of interactions you have with third-party service providers or third-party websites, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, policies, warranties or representations associated with such dealings.

Indemnification

You will indemnify and hold THE ACHIEVE INSTITUTE harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of its choice and to compromise or settle any such claims, demands, or litigation.


Disclaimers
  • YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICES PURCHASED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
  • WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, ITS SERVERS, OR COMMUNICATIONS SENT FROM THE ACHIEVE INSTITUTE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

IN NO EVENT SHALL THE ACHIEVE INSTITUTE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS, EVEN IF THE ACHIEVE INSTITUTE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. IN NO EVENT SHALL THE ACHIEVE INSTITUTE BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN THE GREATER OF $100 (U.S.) OR THE AMOUNT YOU PAID TO THE ACHIEVE INSTITUTE FOR SERVICES/LICENSES DURING THE SIX MONTHS PRECEDING YOUR CLAIM. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.


Jurisdictional Restrictions

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT OR ARBITRATOR DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, THE LIABILITY OF THE ACHIEVE INSTITUTE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


Release

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE WEBSITE, OR WITH ANY PARTY WHO PROVIDES THIRD-PARTY SERVICES IN CONNECTION WITH, ON, OR THROUGH THE WEBSITE, OR WITH ANY PARTY WHO PROVIDES A WEBSITE LINKED TO ON THE WEBSITE, YOU RELEASE US FROM CLAIMS, DEMANDS AND DAMAGES (INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU ALSO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE § 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.


Governing Law

These Terms and the relationship between you and us shall be governed by the laws of the State of California, as an agreement wholly performed therein without regard to its conflict of law rules, as well as applicable federal law of the United States.

Any dispute relating in any way to your use of the Website shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or breached or threatened to breach the representations and warranties contained herein, we may seek injunctive, monetary, or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted by a single arbitrator who shall be a retired judge and selected by agreement of the parties, which shall not be unreasonably withheld, under the rules then prevailing of the American Arbitration Association and consistent with the California Code of Civil Procedure §§1280 et. seq. unless otherwise stated herein. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall assess the cost of the arbitration against the losing party. In addition, the prevailing party in any arbitration or legal proceeding relating to these Terms shall be entitled to all reasonable expenses (including, without limitation, reasonable attorney’s fees). To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.


Miscellaneous

These Terms constitute the entire agreement between you and Mark Cunningham Group, Inc., and govern your use of the Website.

These Terms supersede any prior agreements between you and us with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use other THE ACHIEVE INSTITUTE websites or third-party websites.

These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties

Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, Mark Cunningham Group, Inc.’s affiliated companies and their respective officers, directors, members, representatives, managers, partners, shareholders, joint venturers, employees, and agents are intended third-party beneficiaries.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

The headings in these Terms are for convenience only and have no legal or contractual effect.

We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination, the following paragraphs will survive: (1) OUR INTELLECTUAL PROPERTY/CONTENT LICENSES; (2) CONTENT POSTED BY USERS; (3) OUR CONDUCT; (4) INDEMNIFICATION; (5) DISCLAIMERS; (6) LIMITATION OF LIABILITY; (7) JURISDICTIONAL RESTRICTIONS; (8) RELEASE; (9) GOVERNING LAW; (10) MISCELLANEOUS; (11) ACCESSING THE WEBSITE; (12) DEFINITIONS; (13) PROHIBITED CONDUCT; (14) TAXES; (15) CONTENT POSTED BY USERS; (16) PAYMENTS AND REFUNDS; and (17) CONFIDENTIALITY.


Definitions

“Content” → Data, information, materials, or content of any kind

“Content License” → A limited, revocable, non-sublicensable, and non-exclusive right to possess the copies and use the Content for personal, non-commercial use, subject to specific terms and conditions.

“Including” → “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.

“Post” → To upload, post, make available, send, share, communicate or transmit.

“Privacy Policy” → The policy available at www.achieveinst.com/privacy

“Terms” → These terms and conditions, available at www.achieveinst.com/terms-and-conditions including the Privacy Policy, available at www.achieveinst.com/privacy

“User Content” → Data, information, materials, code, or content of any kind Posted by you or another user to or through the Website.

“Website” → THE ACHIEVE INSTITUTE provides users with access to communications tools, which may heretofore or hereafter be accessed through any medium or device now known or hereafter devised, including but not limited to websites, software, and applications that deliver information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Website shall be included in the definition of “Website”.