Terms of Use
Last Updated: April 10, 2025
Table of Contents
- 1.Overview
- 2.Website Use
- 3.Privacy and Security Disclosure
- 4.General Conditions and Website User Conduct Restrictions
- 5.No Investment Recommendations or Professional Advice
- 6.Education Disclosure; No Results Guarantee
- 7.Modifications to the Website and Prices
- 8.Account Registration
- 9.User Communications
- 10.Text Messages
- 11.Order Placement and Acceptance
- 12.Refund Policy
- 13.Payment
- 14.Social Media
- 15.Digital Millennium Copyright Notice
- 16.Disclaimer of Warranties
- 17.Limitations of Liabilities
- 18.Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
- 19.Indemnification
- 20.Third-Party Websites and Links
- 21.Testimonials, Reviews, and Other Submissions
- 22.Electronic Communications
- 23.Assignment
- 24.No Waiver
- 25.Severability
- 26.Termination
- 27.Entire Agreement
- 28.Questions or Additional Information
1. Overview
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF USE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, PLACING AN ORDER, OR MAKING A TRANSACTION THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 16 AND 17). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of buildofarm.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by North Digital LLC (“North Digital,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read these terms carefully. We offer the Website, including all information, tools, products, course materials, curriculums, interactive materials, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, placing an order, or making a transaction over the Website, you agree to the terms set forth herein, and further acknowledge and understand that by purchasing or accessing digital products, you are being granted a revocable, non-exclusive, non-transferable license to access and use the digital products. This license may be revoked at any time at the discretion of the North Digital, and the terms of use are subject to change in accordance with North Digital's policies. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 17 BELOW, WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page: https://buildofarm.com/terms. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
2. Website Use
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
Checkout Page
I understand that by submitting this application, I am also authorizing North Digital LLC and its partners to obtain my personal credit profile through a soft inquiry under the FCRA solely to conduct a credit pre-qualification.
You understand that by clicking Submit immediately following this notice, you are providing 'written instructions' under the Fair Credit Reporting Act, authorizing North Digital LLC to obtain information from your personal credit profile and other information from Equifax, TransUnion, and/or Experian to conduct a pre-qualification for credit. This process will not affect my credit score.
3. Privacy and Security Disclosure
North Digital's Privacy Policy may be viewed here: Buildofarm Privacy Policy. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
4. General Conditions and Website User Conduct Restrictions
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.
North Digital reserves the right to terminate your access to the Website or any of its products or services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of North Digital's rights or interests in its Website, products, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. North Digital may take any other actions necessary in this regard or seek any remedies permitted by law.
5. No Investment Recommendations or Professional Advice
North Digital does not provide personalized investment advice or execute transactions on your behalf and is not a broker-dealer or investment advisor.
North Digital acts exclusively in the "spot" fuel markets, providing information to its customers to enable the negotiation of prices by traders "on the spot” for gasoline, diesel, jet fuel, natural gas and other fuel-oil related commodities, which are physically delivered via pipelines, barges and/or land vehicles. Unlike transactions in commodity futures and options, which involve buying or selling contracts that represent the underlying assets, spot fuel products physically change hands (e.g., refiners sell diesel oil to end-users for delivery to a specific location). As North Digital is not engaged in the offer and sale of securities or commodity futures or options, it is exempt from registration with the U.S. Commodity Futures Trading Commission or the U.S. Securities and Exchange Commission, or any other commodities or securities regulatory agency.
Notwithstanding, neither the Website nor any of North Digital's products or services are intended to provide tax, legal, insurance, or investment advice. None of the content provided on the Website or through any of North Digital's products or services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security, commodity future or option contract, by North Digital or any third party. You alone are solely responsible for determining whether any investment or strategy, or any other product or service, is appropriate or suitable for you based on your objectives and personal and financial situation. You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation.
To the extent that any of the content published on the Website may be deemed to be investment advice or recommendations in connection with a particular security, commodity future or option contract, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security, commodity future or option contract, is subject to a number of risks and that North Digital's Website does not contain a list or description of relevant risk factors.
You understand that performance data is supplied by sources believed to be reliable, that the calculations on our Website are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, our Website may reference prior articles and opinions that we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
All content on the Website is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
6. Education Disclosure; No Results Guarantee
North Digital is a privately-owned for profit company that provides general education, and this Website is for general education and informational purposes only. It is not, and is not affiliated with any, educational institutions or other accredited entities. North Digital does not register students, does not offer accredited courses or programs of study, and does not grant a degree or diploma upon completion of our programming. As such, North Digital does not intend to provide, or purport to provide, in any way, education, course materials, or training that is required by any law or employer, and is not intended nor implied to be a substitute for education provided by an accredited entity. You assume full responsibility for how you choose to use the information provided by North Digital. North Digital does not provide any guarantee regarding the amount of success users could or will have, nor any guarantee regarding ability to get or create jobs upon completion of our programs.
While we are committed to providing high-quality education designed to help you improve your skills, we cannot guarantee specific results, such as income levels, job placements, or business success. Success in “on the spot” transactions, as in any field, depends on various factors, including your level of effort, personal commitment, previous experience, and how you apply the concepts and techniques taught in our program. While we may have achieved significant milestones and users may achieve certain milestones after completing our program, individual outcomes will vary. The program, its creators, and its representatives are not liable for any lack of results or outcomes from your participation.
7. Modifications to the Website and Prices
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
8. Account Registration
In order to access some of the products or services of the Website, you will be required to create an account. By creating this account, you agree to the following:
- You may only maintain a single account;
- You may never share your account user name or password or knowingly provide or authorize access to your account;
- You may never use another user's account without permission;
- When creating your account, you must provide accurate and complete information including but not limited to a valid e-mail address for fulfillment of any products or services you purchase through our Website, and accept complete responsibility for modifying your e-mail address should it change at any time;
- You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
- You must notify us immediately of any breach of security or unauthorized use of your account; and
- You will be liable for any use made of your account or password and the losses of North Digital or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.
North Digital has the right, in its sole discretion, to cancel your account or suspend your access to the Website. You can manage your account here.
9. User Communications
By using any North Digital services, and accessing the services, you expressly consent to receive electronically all communications, agreements, documents, notices and disclosures (“Notices'') that we provide in connection with your account and your use of the services. Notices may, without limitation, take the form of electronic mail, in-app messages, and in-Website communications. Additionally, Notices may take the form of electronic mail containing promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive such promotional emails, you may unsubscribe at any time by following the instructions within, and North Digital will honor any requests to unsubscribe within 30 days.
North Digital may, at its discretion, use SMS services to deliver Notices to end users and clients. The information received is requested by the end user or is based on an existing business relationship or transaction with North Digital. The information sent does not contain advertising or a solicitation. Message frequency varies. Message and data rates may apply. Users can text HELP to the sending number for help and reply STOP to cancel receiving text messages. Carriers are not liable for delayed or undelivered messages.
10. Text Messages
By providing your mobile phone number, you authorize Buildofarm and its agents, affiliates, and service providers to send you text messages.
Message and data rates may apply to all text messages you receive. Message frequency varies. If there is any change to your mobile number, you must notify Buildofarm to continue receiving text messages.
If you wish to stop receiving text messages from Buildofarm, reply STOP to any text message sent.
11. Order Placement and Acceptance
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny anyone's order for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.
12. Refund Policy
Payments are non-refundable and all sales are final after thirty (30) days unless otherwise indicated when payment is submitted, subject to our Refund Policy. No refunds will be issues in the event we, in our sole discretion, suspend, limit, or terminate your access to the Website or any of our products and services. North Digital does not cover any losses you may incur as a result of how you utilize or implement the products and services. To request a refund, e-mail us at [email protected].
From time to time, North Digital may advertise a money-back guarantee in connection with the purchase of a particular product or service. The terms of that guarantee will be stated at the time of purchase. Regardless of the specific terms of any advertised money-back guarantee, the money-back guarantee shall only be available for the stated period. Additionally, customers who elect a refund under any money-back guarantee and then re-purchase to the same product or service within a two-year period will not be entitled to any applicable money-back guarantee.
Refunds are subject to different policies depending on the specific membership or service that you have purchased. Below are our refund policies for our various memberships or services:
O-Farming Training Course & Bonuses:
We stand by the quality of our O-Farming Training Course & Bonuses. If, within the first 30 days, you find the program doesn't meet your expectations, contact us via email, and we'll promptly process a refund for your purchase. Accessible via Refund Policy.
Reach Radar:
We stand by the quality of our Reach Radar software. If, within the first 30 days, you find the software doesn't meet your expectations, contact us via email, and we'll promptly process a refund for your purchase. Accessible via Refund Policy.
Premium Software & Mentorship:
In order to be entitled to a refund for any additional software & mentorship provided, we must receive your request within three (3) days of your product purchase date. You acknowledge and agree that if you have joined a partnership with Buildofarm or any of Buildofarm's affiliates, our products and services including but not limited to the AI Reach Assistant, and the O-Farming mentorship, are subject to a three (3) day right of rescission where you, the buyer, may cancel within three (3) business days of your initial payment. After that time, the company reserves the right on whether or not to issue a refund.
13. Payment
All charges are in U.S. Dollars. By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iv) you will be responsible for any payment card fees; and (v) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated payment card information from your card issuer, such as updated card numbers and expiration date information when your payment card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your payment card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your payment card's updating service, you should contact your payment card issuer.
We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
14. Social Media
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).
The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of North Digital, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
15. Digital Millennium Copyright Notice
a. DMCA Notice
This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:
Notification of Claimed Infringement:
North Digital LLC Legal Department
Attn: DMCA/Copyright Agent
8 The Green, Ste. A
Dover, DE 19901
Email: [email protected]
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in a delay in the processing of your complaint.
b. Intellectual Property Rights, License
The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to North Digital or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and North Digital, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms or expressly granted to you in writing by North Digital, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of North Digital.
You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in these Terms or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.
c. Copyright
The copyright in all materials provided on the Website is owned by North Digital or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of North Digital. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. North Digital may revoke any of the foregoing rights at any time. You may not, without North Digital's prior written consent, "mirror" any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
d. Trademarks
The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of North Digital. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of North Digital, or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of North Digital. North Digital prohibits the use of any North Digital logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by North Digital in writing.
16. Disclaimer of Warranties
Except where prohibited by law, this website and all products and services provided are provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. We make no, and expressly disclaim any and all, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy and/or completeness of any information on this website. We do not represent or warrant, and expressly disclaim that: (a) our products, services, information, or other material purchased or obtained through the website will meet your requirements or expectations, or (b) the website or the server(s) that make the website available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or noninfringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law.
17. Limitations of Liabilities
Except where prohibited by law, in no event shall North Digital or any of its officers, directors, shareholders, employees, independent contractors, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs or claims arising from or related to this agreement, the privacy policy, the products and services, or your or a third-party's use or attempted use of the website or any product or service, regardless of whether North Digital has had notice of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise. If, notwithstanding the limitations of liability set forth above, North Digital is found liable under any theory, North Digital's liability and your exclusive remedy will be limited to USD $500.00. This limitation of liability shall apply for all claims, regardless of whether North Digital was aware of or advised in advance of the possibility of damages or such claims. Some states do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you and you may have additional rights.
18. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
Please read this provision carefully; it requires you to arbitrate any dispute or claim between you and North Digital on an individual basis.
You agree that any dispute or claim arising from or relating to this arbitration provision, North Digital's privacy policy or terms, North Digital's advertising or marketing practices, or North Digital's products or services shall be submitted to binding, final, and confidential arbitration before a single arbitrator administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration provision shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16, and the arbitrator shall be bound by the terms of this arbitration provision. The arbitrator shall have the exclusive and sole authority for determining whether a dispute or claim is arbitrable. The arbitrator shall follow applicable substantive law of the state of Delaware to the extent consistent with the FAA, and shall be authorized to award all remedies available in an individual lawsuit under substantive law, including, without limitation, compensatory, statutory and punitive damages, declarative, injunctive and other equitable relief, including public injunctive relief, and attorneys' fees and costs where available under applicable substantive law. The arbitrator may only resolve disputes or claims between you and North Digital and may not consolidate claims or proceedings without North Digital's consent. The arbitrator may not hear class or representative claims or requests for relief on behalf of other individuals. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.
Notwithstanding anything to the contrary herein, you agree that North Digital has the right to bring a claim against you in the state or federal courts of Delaware for injunctive relief, equitable relief, or otherwise arising from any potential or actual misappropriation or infringement of North Digital's intellectual property rights and you agree that venue is proper and that you are subject to personal jurisdiction in such forum.
Unless you timely opt-out, you will not have the right to: (a) have a court or jury decide your dispute or claim; (b) obtain information prior to the hearing to the same extent that you would have in court; (c) participate in a class action in court or in arbitration, either as a class representative, class member, or class opponent; (d) act as a private attorney general in court or in arbitration; or (e) join or consolidate your dispute or claim with the dispute or claim of any other person. Other rights that you would have had if you went to court may also not be available in arbitration.
You may opt out of arbitration within 30 days of the date that you purchased a product or service through North Digital's website by sending a letter to: North Digital LLC Attn. Legal Department, 8 The Green, Ste A, Dover, Delaware 19901, stating your name, the product you purchased, and your intent to opt out of arbitration.
19. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless North Digital, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys' fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
20. Third-Party Websites and Links
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.
21. Testimonials, Reviews, and Other Submissions
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. North Digital does not guarantee anyone's success or that anyone will earn/experience the results that are portrayed on this Website. The testimonials and reviews portrayed on this Website are exceptional results from our most successful users. These testimonials do not represent the generally expected user experience, nor do they guarantee future success.
Furthermore, by using any of the communications tools available as part of our services, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by North Digital in any manner (unless expressly stated otherwise by North Digital, and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by North Digital in any manner, though North Digital reserves the right to do so at any time at its sole discretion in accordance with these Terms. Additionally, through such communication tools, North Digital may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is provided for educational purposes only.
North Digital reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. North Digital shall be under no obligation to use any, or any part of, any testimonial or review submitted.
22. Electronic Communications
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
23. Assignment
You may not assign any of your rights under these Terms, and any such attempt will be null and void. North Digital and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of North Digital's business is transferred to another entity by way of merger, sale of its assets or otherwise.
24. No Waiver
No waiver by North Digital of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by North Digital to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
25. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
26. Termination
In the event that we terminate this Agreement, Sections 1-27, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
27. Entire Agreement
These Terms constitute the entire agreement between you and North Digital with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, warranties, and agreements between you and North Digital with respect to the subject matter hereof.
28. Questions or Additional Information
If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by phone, mail, or email at the following:
Contact Us
North Digital LLC[email protected]8 The Green Ste ADover, Delaware 19901