Terms of Use - Hinge Marketing

Hinge University Terms of Use

These Terms of Use constitute a binding contract between you (“Subscriber” or “Buyer” or “User” or “You”) and Hinge University (“Service”), owned and operated by Hinge Strategy, LLC (“Company”), regarding the terms under which the Company will provide You with access to the Services.

By using Hinge University, You agree to be bound by these Terms of Use and comply with all applicable laws and regulations. By clicking on the button marked “I Accept”, subscriber signifies agreement to abide by these terms of use (“Acceptance”). Acceptance of these Terms of Use also indicate your acceptance of our Privacy Policy.

We reserve the right to revise these Terms of Use at any time without notice to you. You may review these Terms of Use at any time by visiting www.hingeuniversity.com.

1) Terminology

“We” – also referred to as “Company,” refers to Hinge Strategy, LLC, owner and operator of Hinge University (the “Service”).

“You” – refers to the individual Subscriber or Buyer.

“Content” – refers to all Courses, Workshops, software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, concepts, and other data or copyrightable materials or content, including the selection and arrangements thereof.

“Effective Date” – refers to the date that the Company confirms Subscriber’s right to use the Subscription Website.

“Service” – means www.hingeuniversity.com, university.hingemarketing.com, and their entire contents, features and functionality (including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the Content and any documentation pertaining to the foregoing).

“Workshop(s)” – refer to a real-time (whether in person or via video) educational event conducted expressly for the use of one organization (and/or its related entities).

“Buyer” – refers to any individual that purchases a Course or Workshop at full retail price, outside of a paid subscription.

“Subscriber” – refers to an individual/entity/organization/institution that has the right to access hingeu.myabsorb.com via a Subscription Fee or other basis. A Subscriber must be at least 18 years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the Subscriber resides (and if a minor, must have the permission of a parent or legal guardian to access the Subscription Website), and possess the legal right and ability to enter into binding contracts. Furthermore, a Subscriber may be an ‘Individual’ or ‘Multi-Seat’ Subscriber as follows:

‘Individual Subscriber,’ refers to a Subscription by one individual only (“Individual Subscription”); or
‘Multi-Seat Subscriber,’ refers to an entity, organization, or institution, that subscribes to the Services for use by a defined group of its constituents, who may include employees, students, faculty, or other end users, etc. The Multi-Seat Subscriber will remain liable for all acts or omissions of its Authorized End Users (defined below) with respect to access and use of the Services; furthermore and for the avoidance of doubt, the Subscription Administrator (defined below) will be responsible for ensuring that its Authorized End Users remain fully compliant with these Terms of Use and the Privacy Policy. With respect to a Multi-Seat Subscription, the following terms will apply:
1. “Authorized End Users”, refers to the constituents of the Multi-Seat Subscriber. The number of Authorized End Users under any Multi-Seat Subscription may not exceed the number of permitted seats paid under the Subscription (“Maximum Seats”). The Authorized End User’s identifier must be unique and not be of a generic nature. An example of a unique identifier is john.doe@company.com; examples of generic identifiers include the following: support@company.com or marketing@company.com.
2. “Subscription Administrator” is the designated administrator of the Multi-Seat Subscriber who has access to reporting and management tools and who may substitute Authorized End Users, not to exceed the number of Maximum Seats.
3. “Maximum Seats” refers to the maximum number of seats allowable under a purchased subscription level.
Subscriber agrees on behalf of itself and its Authorized End Users, where applicable, to treat password, usernames, and other security information (“Authentication Information”), as confidential and to not provide any other person with access to the Subscription Website or portions of it using Subscriber’s (or Authorized End User’s) Authentication Information. Subscriber will notify the Company immediately of any unauthorized access to, or use of, Authentication Information. The Company has the right to disable any Subscriber or Authorized End User access to the Services at any time, in its sole discretion [for any or no reason, including] if, in the Company’s opinion, Subscriber and/or Authorized End User has violated any provision of these Terms of Use or appear likely to do so.

“Subscription” – refers to a right to use the applicable portion of the Subscription Website as a Subscriber under a paid subscription or other form of right and/or fee to access the Subscription Website.
“Subscription Term” – means the period of time that a Subscriber may utilize the applicable portion of the Subscription Website.
“Subscription Website” – refers to university.hingemarketing.com, accessible to subscribers via a Subscription Fee.
“Subscription Fee” – refers to the monthly cost of a paid subscription to Hinge University.

2) Ownership

Hinge University is owned and operated by Hinge Strategy, LLC, a company headquartered at 1851 Alexander Bell Drive, Suite 350, Reston, Virginia, 20191, USA.

3) Subscriber and Buyer Rights, Representations, Restrictions and Obligations

You agree to abide by any rules and/or regulations that the Company publishes with respect to conduct of Subscribers, Buyers and other users of the Service.

The Company reserves the right to deny a Subscriber and/or an Authorized End User access to the Subscription Website if, in the Company’s sole discretion, Subscriber and/or Authorized End User has failed to abide by these Terms of Use or appear likely to do so.

Subscriber accepts that the Company in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Use.

Hinge Strategy, LLC hereby grants You permission to use, view, copy and print the Content on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that:

Any and all copyright and trademark notices appearing, appears in the Content,
The Content is not used on any other Web site or in a networked computer environment and
The Content is not modified in any way.
This permission terminates automatically without notice if you breach any of these terms or conditions.

Upon termination of Services, you will immediately destroy any downloaded or printed Content.

Any unauthorized use of any Content contained within Hinge University may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

You agree to provide accurate and complete information when you register with, and as you use, Hinge University, and you agree to update your account information to keep it accurate and complete.

4) Intellectual Property, Copyrights and Trademarks

All courses, materials and other intellectual property (“Content”) are owned by Hinge Strategy, LLC, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Except as otherwise expressly provided by Hinge Strategy, LLC, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way.

Nothing within Hinge University or university.hingemarketing.com can be construed to confer any license under any of Hinge Strategy, LLC’s intellectual property rights, whether by estoppel, implication, or otherwise.

Hinge Strategy, LLC, university.hingemarketing.com, all images and text, and all page headers, custom graphics and button icons on the Subscription Website are service marks, trademarks, and/or trade dress of Hinge Strategy, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

5) Third Party Sites Or Information

Hinge University may contain links to other websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness.

The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Company. A Subscriber that leaves this Website to access these third-party sites does so at its own risk.

6) Fees and Payment

Subscription Fee. Subscriber agrees to pay the appropriate fee corresponding to the particular Services that it wishes to access for the applicable Subscription Term. The Company reserves the right to change the Subscription Fee with respect to a Renewal Term with prior written notification. Unless otherwise expressly stated, all fees are non-cancellable and non-refundable.

Automatic Renewal. Subscription will renew automatically at the end of each Subscription Term. Subscriber may cancel their subscription at any time by visiting My Account > Subscriptions in the site’s navigation.

Payment Details. Subscriber agrees to provide the Company with valid, up-to-date and complete debit/credit card, contact and billing details. Subscriber further authorizes the Company to bill such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term).

If, for any reason, Subscriber’s credit/debit card company refuses to pay the amount billed for the Services, Subscriber agrees that Company may, at its option, suspend or terminate Subscriber’s subscription to the Services and require Subscriber to pay the overdue amount by other means acceptable to the Company.
Company may charge a fee for reinstatement of suspended or terminated accounts. Subscriber agrees that until its subscription to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services.
Company reserves the right to charge a fee for payments not received within 30 days of due date.
In the event legal action is necessary to collect on balances due, Subscriber agrees to reimburse the Company for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.
Hinge Strategy, LLC does not store any credit card information from users of Hinge University. Credit card information and details are passed through to, and stored by, our payment gateway Authorize.Net. We are not responsible or liable for any problems that arise as a result of credit card information being misused after it has been passed through the payment gateway.

Fees Related to On-Site Workshops

The workshop fee (as indicated on the Hinge University website), or the agreed to fee, shall be paid in advance of scheduled workshop event.
Travel expenses, including incidentals will be billed separately (and without markup) via an invoice upon completion of required travel.

Taxes. Subscriber is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against the Company.

7) Refunds

Courses. Hinge Strategy, LLC offers You a three (3)-day, no-questions-asked money back guarantee on individually-purchased Courses, less a $100 processing fee.

No refunds will be issued after fifty percent (50%) of a course has been completed.

Subscriptions. Subscription fees are not refundable.

Continuing Education. Processing fees associated with continuing education credits are not refundable.

All refund request submissions must be in writing. You may transmit requests via email to support@hingeuniversity.com or by CERTIFIED mail to Hinge Strategy, LLC, 1851 Alexander Bell Drive Suite 350, Reston, Virginia 20191.

Refunds will be processed within 30 days.

We reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service or Content if we believe that you are abusing our refund policy.

8) CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA)

Subscriber acknowledges that the law requires parental consent to collect or use information from a child under 13. If you are a child under 13, please show these Terms of Use to your parent or legal guardian, and do not use the Services without verifiable parental consent pursuant to the Children’s Online Privacy Protection Act.

If you as the Subscriber are a parent or legal guardian of a child under the age of 13, who may access or use the Services, you hereby give your express consent for that child to use the Services, which include all the features and functionality pertaining to your Subscription, including any social media/community features.

You represent and warrant that you will not allow a child under the age of 13 to use the Services if you do not agree to the provisions of this Section.

9) Limitation of Liability

IN NO EVENT SHALL HINGE STRATEGY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE),

HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SERVICE OR CONTENT AVAILABLE FROM THIS SUBSCRIPTION WEBSITE, EVEN IF UNIVERSITY.HINGEMARKETING.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF YOUR USE OF CONTENT FROM THIS SUBSCRIPTION WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10) No Warranties

Hinge University and all content associated therewith, or any other features or functionalities associated with Hinge University are provided “as is” and “as available” with all faults and without warranty of any kind.

Hinge Strategy, LLC does not guarantee, represent or warrant that your use of Hinge University will be uninterrupted or error-free.

Hinge Strategy, LLC is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by the Company on account of technical problems or traffic congestion online or on the Internet or at any website, or any combination thereof including any injury or damage to customer’s or any other person’s computer related to or resulting from downloading or streaming any materials consistent with this agreement or subsequent use of Hinge University.

ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE ANY WEBSITE OR SERVICE OWNED BY HINGE STRATEGY, LLC OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SERVICE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, HINGE STRATEGY, LLC RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.

11) Indemnification

You agree to fully indemnify and hold harmless Hinge Strategy, LLC its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Service or Content.

12) Controlling Law, Jurisdiction and Venue

This Agreement and the Contract shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia except Virginia’s choice of law rules.

You hereby consents to the jurisdiction of the courts of the Commonwealth of Virginia and to venue in the courts of Fairfax County, Virginia, for purposes of resolving any disputes between You and the Company.

These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Service.