This Fractional Dimension RTA (FD-RTA) online training and its videos, and all associated content and materials on this website or distributed therewith (hereinafter inclusively referred to as the “E-course”) has been produced by J Acuna Consulting, LLC (hereinafter, the “Provider”).  When you (hereinafter, the “Customer”) purchase the E-course, you agree to following terms of Use and Liability Waiver (hereinafter, the “Agreement”).

1. All sales of the E-course are final. No refunds will be issued for a purchased E-course once the sale is completed. 

2. By purchasing the E-course, Provider grants Customer a nonexclusive, nontransferable, and revocable license to access and use the E-course and any associated content and materials, including any modifications and improvements to the content and materials made by Provider within the specified Term, solely for Customer’s own personal use for the specified Term.  The copying, redistribution, use or publication by Customer or any third party of any of the content within the E-course is strictly prohibited.  Customer’s purchase of the E-course does not grant Customer any right, title, or interest in the E-course.  Any breach in the terms of this Agreement may result in termination of Customer’s access to the E-course materials. 

3. The Term of this Agreement commences as of the date of purchase of the E-course, and continues in effect until 1 year from such date, unless terminated earlier pursuant to any express provisions of this Agreement. 

4. The E-course may contain references or links to materials from third-parties. Reference to any third-party products, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with Provider.  

5. Customer agrees to maintain confidentiality of Customer’s associated account access credentials and passwords and is fully responsible for all liability and damages resulting from the failure to maintain such confidentiality, and all activities that occur through the use of Customer’s associated account. Customer agrees to immediately notify Provider of any unauthorized use of Customer’s account or any breach of security associated therewith. 

6. Any of Provider’s or third party trade names, trademarks, logos, or service marks (collectively, the “Marks”) that are used in connection with the E-course remain the property of Provider or such third party and no right, title, or interest in or to such Marks is granted or created in favor of Customer. 

7. THE CONTENT PROVIDED IN THE E-COURSE IS PROVIDED TO CUSTOMER AS AN EDUCATIONAL AID TO LEARN FRACTIONAL DIMENSION-RTA (FD-RTA). CUSTOMER IS REPONSIBLE FOR DETERMINING THE SUITABILITY OF THIS METHOD FOR THEIR INTENDED OR ACTUAL USE. THE CONTENT PROVIDED IN THE E-COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE). PROVIDER’S WEBSITE, CONTENT, AND MATERIALS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PROVIDER HAS NO LIABILITY WHATSOEVER FOR CUSTOMER’S USE OF PROVIDER’S WEBSITE OR THE E-COURSE CONTENT AND MATERIALS. PROVIDER DOES NOT GUARANTEE ANY PARTICULAR RESULTS FROM USE OF PROVIDER’S WEBSITE OR E-COURSE CONTENT AND MATERIALS.  PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE E-COURSE CONTENT, MATERIALS, OR ANY OF PROVIDER’S ASSOCIATED SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, CUSTOMERS AGREES TO EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO PROVIDER’S CONTENT, MATERIALS, AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, CUSTOMER UNDERSTANDS AND AGREES THAT DOWNLOADING OR OTHERWISE OBTAINING CONTENT THROUGH  PROVIDER’S WEBSITE OR ASSOCIATED SERVICES IS DONE AT CUSTOMER’S OWN RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR CUSTOMER’S USE THEREOF AND ANY DAMAGES TO CUSTOMER’S MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. 

8. IN NO EVENT WILL PROVIDER OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, CONSULTANTS, AGENTS, AND SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS ARISING FROM, OR PERTAINING TO, CUSTOMER’S OR ANY THIRD PARTY’S USE OR MISUSE OF THE E-COURSE CONTENT AND MATERIALS WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN.   NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PROVIDER’S LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY CUSTOMER TO PROVIDER FOR THE E-COURSE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

9. This Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of Texas without giving effect to the principles of conflict of laws.  Any cause of action by Customer or any Third Party with respect to our Website or E-Course Content or Materials must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other term or provision herein, and the remaining terms or provisions shall remain in full force and effect. 

To the extent that any Content or Material provided by Provider is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Provider’s failure to enforce any term or provision of this Agreement shall not be deemed a waiver of such term or provision nor of the right to enforce such term or provision. Provider’s rights under this Agreement shall survive any termination of this Agreement