1. Access and Use

These Terms & Conditions (this “Agreement”) apply to your access and/or use of the Observed websites, mobile sites, platforms, and applications (collectively, the “Sites”) and the designs, mockups, content, features, subscriptions, training, trainer lessons, streams, blogs, application use, as downloaded from an app store, and services (collectively, the “Services”). “We,” “Observed,” refers to the company located at the address listed herein, which is providing the Services to you. The terms “User” and “you” mean any user of the Services, whether a company, manager, learner/trainee, or affiliate.

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Additionally, the Services may be made available via the “app store” or another platform that is downloaded (such as the Apple App Store, Google Play Store, Amazon App Store, the Windows Phone Store), on any website or platform where you can potentially download. You agree that by accessing and/or using our Services, you are agreeing to these Terms and Conditions. You agree that you are at least 13 years of age and/or that you are only providing the Services to employees and/or affiliates that are at least 13 years of age. You agree that if you, or any of those you are sharing the Services with, are between the ages of 13 and 18, a legal parent or guardian has reviewed and agrees to these Terms and Conditions and is permitting you to access and/or use our Services.

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2. Account

Your account with Observed, as created through the Observed Sites (“Account”), and via use of a login feature, in order to use the Services, is your account, but this information is Personal Information for the purposes of this Agreement. Please see the Privacy Policy for information about how your Personal Information is used. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Observed account creation page. You also agree to promptly update your personal information for completeness and accuracy. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Observed of any unauthorized use of your Account or any other breach of security related to your use of the Services.

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3. Communications

By using our Sites and Services, you agree that Observed may communicate with you via electronic messages, including email, text message/SMS, or mobile push notifications, in accordance with our Privacy Policy. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. To use the text message-based services, you must maintain an active account with a carrier of electronic communications through mobile devices, and you may not use a prepaid cellular phone to access such text message services. Observed does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.

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4. Updates to Terms and Conditions & Services

Observed reserves the right to modify these Terms and Conditions from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Observed Sites and Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services. Observed reserves the right to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Observed Sites and Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

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5. Restrictions & Termination

The Services and Observed are offered solely for the User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Observed expressly reserves all its rights and remedies under applicable laws. Observed reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. Observed may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Observed may suspend your access to the Services if we believe you to be in violation of any part of this Agreement. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and, where applicable, you may lose access to and be unable to use any of the Services. You agree that Observed shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. Cancellation requests by paid registrants must be made at least 45 days before the event. In the event of course cancellation by the trainer, students may choose to attend an alternate course (space permitting) or receive a full refund. Observed and its Trainers reserve the right to refuse service and registration to anyone, for any reason. In the event that service is refused for a particular registration, the participant will be refunded the full amount. Any refunds may be subject to an additional administrative fee.

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6. Content

During use of the Services, you may submit, transmit, post, or otherwise provide content, including, but not limited to, reviews, comments, ratings, photos, images, videos, sounds, text, data, links, and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing on intellectual property rights, promoting illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam,” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations. Your User Content should be unbiased and objective. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. The name or handle you choose to provide to Observed may be displayed publicly with such User Content. Observed reserves the right (but has no obligation) to monitor, remove, or edit User Content at its sole discretion, including if User Content violates this Agreement (including any Observed Policies), but you acknowledge that Observed may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Observed a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of Observed. You represent that you own or have the necessary permissions to use and authorize the use of User Content as described herein. Observed takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content.

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7. Limitations on Liability

Except as expressly specified herein, in no event shall Observed be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, and even if advised of the possibility of such damages, which arise out of or are in any way connected with (1) this agreement (including any changes thereto), (2) any use of the Observed Services, the Observed content, or the User Content, (3) any failure or delay (including, but not limited to, the use or inability to use any component of any of the Services), or the performance, non-performance, conduct, or policies of any sites or services in connection with the Services. In addition, you specifically understand and agree that any third party directing you to the Observed site by referral, link, or any other means is not liable to you for any reason whatsoever, including, but not limited to, damages or loss associated with the use of the Services or the Observed content. Observed is neither an agent of nor otherwise associated with any sites or services for which a User has made a reservation, claimed an offer or promotion, or paid a bill using the payment services, or any merchant that issues a merchant gift card. You understand that use of the Services is at your own risk and Observed cannot guarantee that the Services will be uninterrupted or error-free. The Services, all Observed content, and any other information, products, and materials contained in or accessed through the Services, are provided to you on an “as is” basis and without warranty of any kind. Observed expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. Observed does not warrant that your use of the Services will be uninterrupted or error-free, that Observed will review the information or materials made available through the Services for accuracy, that it will preserve or maintain any such information or materials without loss, or that Observed will review and remove any illegal, inappropriate, or otherwise objectionable content submitted by a user. Observed shall not be liable for delays, interruptions, viruses, defects, loss of your information, or any other issue with respect thereto. Observed makes no guarantees and assumes no responsibility for your use of the Services, including, without limitation, any payment services. To the fullest extent permissible pursuant to applicable law, Observed disclaims liability for all loss or damages related to your use of Observed and the Services.

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08. Severability

If any provision or portion of this Agreement is found to be invalid under any applicable statute or rule of law, then that provision or portion thereof shall be deemed omitted, and the remainder of this Agreement shall remain in full force and effect.​

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09. Assignment

This Agreement, including the rights granted and obligations undertaken hereunder, may not be transferred, assigned, or delegated in any manner by the User but may be freely transferred, assigned, or delegated by Observed.

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11. Waiver

Any waiver of any provision of this Agreement, or any delay by either party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.​

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12. Purchases

Purchasing any product or service made available by Observed (“Purchase”) may require you to provide certain information relevant to your Purchase, including, but not limited to, credit card information, billing address, shipping address, name, and account information. When purchasing from Observed, you represent and warrant that: (1) You have the legal right to make a Purchase and/or enter into an Agreement with Observed for services in connection with any Purchase; and (2) the information you provide is accurate and complete. The services of Observed may employ the use of third-party services for the purpose of facilitating payment and the completion of services and/or transactions. By submitting your information, you grant us the right to provide the information to third parties, subject to our Privacy Policy. We reserve the right to refuse and/or cancel your order at any time for reasons including, but not limited to, product or service availability, errors in the description or price of the product or service, errors in the order, or any other reason. Additionally, we reserve the right to refuse and/or cancel your order if fraud, unauthorized, or illegal transactions are suspected or if the terms of this Agreement are violated in any way.​

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13. Payment Terms

We frequently update our products and service offerings. The products and services available may be mispriced, described inaccurately, or unavailable, and/or we may experience delays in updating information on the Services and/or in our advertising. You expressly agree that any such offer of a product and/or service does not constitute a legal offer capable of attracting legal consequences. We cannot and do not guarantee the accuracy or completeness of any information, including prices, products, specifications, availability, and/or services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services. You authorize us to charge outstanding fees and other amounts due to us against any credit card you have on file. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third-party collection agencies. If your account is more than 30 days past due and is forwarded to a collection agency, you will additionally be liable for any recovery fees charged by the agency. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution, including, but not limited to, membership, overdraft, insufficient funds, and over-the-credit-limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your credit card statement. If you do not bring them to our attention within 90 days, you agree to waive your right to dispute such problems or discrepancies. We may modify the price, content, or nature of the Services at any time. At our sole discretion, we may grandfather the prices of certain members based on factors such as sign-up date and good standing. We will notify members receiving such grandfathered rates prior to the implementation of any price change. If we modify any of the foregoing terms, you may cancel your membership, and such cancellation shall be your sole remedy. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on our website.

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14. Promotions

Any contests, sweepstakes, or other promotions (“Promotions”) made available through our Services may be governed by rules that are separate from the terms of this Agreement. If you participate in any Promotions, please review the applicable rules as well as the terms of this Agreement and our Privacy Policy. If the rules of Promotions conflict with the terms of this Agreement, then the rules of the Promotion shall apply. The terms of this Agreement are independent of the terms of any Promotions agreement. These Promotions may be the exclusive promotions of third parties and are not promotions of Observed.

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