Terms of Use

BY ACCESSING, VIEWING OR USING THIS WEBSITE (“Site”), OR ANY DATA OR WORK THEREIN, YOU AGREE TO THE TERMS OF THIS LICENSE AGREEMENT (“Agreement”) WITH THE SOPHIA CODE FOUNDATION (“THE SOPHIA CODE FOUNDATION” or “The Corporation”. YOUR (“You” or “Your”) CONTINUED ACCEPTANCE OF AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT ARE A CONDITION PRECEDENT TO YOUR RIGHT TO ACCESS OR USE THE SITE, OR ANY PORTIONS THEREOF. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS, VIEW OR USE THE SITE, AND EXIT NOW. BY ACCESSING, VIEWING OR USING THIS SITE, YOU SIGNIFY THAT YOU ARE EIGHTEEN YEARS OF AGE OR OLDER, AND ARE AUTHORIZED TO ENTER INTO THIS CONTRACT.

1. Site License. In consideration of Your accessing the Site, Your compliance with the terms of this Agreement are conditions precedent to THE SOPHIA CODE FOUNDATION’s license grant. THE SOPHIA CODE FOUNDATION grants You a non-exclusive, non-transferrable and limited license to access and use the Site only for Your personal use, and subject to all terms and conditions of this Agreement. You specifically may not provide access to the Site, or any portions thereof, either directly or indirectly, to any third party. Except as expressly permitted herein, You may not copy, reproduce, rent, lease, sell, modify, alter, commercially exploit, transmit, distribute, reverse engineer, create any derivative works or maintain any archive of the Site, or any portions thereof.

2. Accessing the Site and Account Security. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy (https://thesophiacodefoundation.org/privacy-policy/), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

3. Secure Payment. THE SOPHIA CODE FOUNDATION has partnered with Apple iTunes, Stripe, WooCommerce, Barnes and Noble, Smashwords, PayPal, Amazon KDP, and Audible, to enable you to safely and securely make payments for products and services purchased through this Site. Your use of these providers is solely at your own risk and THE SOPHIA CODE FOUNDATION disclaims all liability for any transactions entered into through these third-party providers. For an explanation of how these online payment platforms work, please refer to the respective platform and consult the platform’s privacy policy regarding their use of Your cardholder data and personally identifiable information (PII).

4. Proprietary Rights. You agree that all right, title and interest (including all trademarks, service marks and other intellectual property rights) in and to the Site, belongs exclusively to Ra-El Publishing, LLC. The Sophia Code Foundation has created the text, visual images, audio files and other original content, or otherwise licensed the rights to use the content appearing on the Site, and You agree to ensure that all marks, notices or legends pertaining to the origin, identity or ownership of the Site, or any portions thereof, shall remain intact and clearly legible on any copy of the Site’s content.

5. Takedown of Third-Party Content. We respect your content ownership rights. Your use of and access to the Site signifies your agreement to respect the ownership rights of other users. We will respond to all take-down notices of alleged copyright violations that are in compliance with applicable law. A proper take-down notice under the Digital Millennium Copyright Act will include the following: (i) the signature of a person authorized to issue the take-down notice; (ii) identification of the copyrighted work at issue; (iii) identification of the material that is allegedly infringing upon the copyrighted work; (iv) contact information for the complaining party; (v) good faith statement of the complaining party; and (vi) a statement attesting to the accuracy of the information provided under penalty of perjury. We reserve the right to remove content that allegedly infringes on the ownership rights of other users without notice and within our discretion. If it is determined that you have repeatedly infringed upon the ownership rights of others, your account will be terminated. To submit a copyright complaint or concern, please send an email to elliott@thecontentlawyer.com.

6. User-Generated Content. By uploading any content to the Site, or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, “Submissions”), You are automatically granting The Corporation a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of the Corporation. This means that anything submitted by You to the Site may be used by THE SOPHIA CODE FOUNDATION for any purpose, now or in the future, without any payment to, or further authorization by, You. The Corporation also has the right, but not the obligation, to use your initials or social media user name in connection with the broadcast, print, online or other use or publication of your Submission.

7. Warranty Disclaimer. THE SITE, AND ANY PORTIONS THEREOF, INCLUDING ANY LINKS TO THIRD PARTIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. THE SOPHIA CODE FOUNDATION AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, SUBCONTRACTORS, CONTRIBUTORS AND THIRD PARTY PROVIDERS (the “THE SOPHIA CODE FOUNDATION RELATED PARTIES”) DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS CONCERNING THE SITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY OR REPRESENTATION CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR FUNCTIONALITY OF THE SITE. MOREOVER, THE SOPHIA CODE FOUNDATION AND THE SOPHIA CODE FOUNDATION RELATED PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND/OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SITE. THE SOPHIA CODE FOUNDATION AND THE SOPHIA CODE FOUNDATION RELATED PARTIES ALSO DO NOT WARRANT THE SITE TO BE FREE OF ANY ERROR OR DEFECT. YOU: (1) ASSUME THE ENTIRE RISK AS TO THE SUITABILITY, USE, RESULTS OF USE, PERFORMANCE, ACCURACY, COMPLETENESS, CURRENTNESS AND PERFORMANCE OF THE SITE; (2) WAIVE ANY CLAIM OF DETRIMENTAL RELIANCE UPON THE SITE; AND (3) WAIVE ANY CLAIM BASED UPON THE ACCURACY, COMPLETENESS AND CURRENTNESS OF THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES SPECIFICALLY WAIVE ANY AND ALL RIGHTS UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT.

8. Limitation of Liability. YOUR SOLE AND EXCLUSIVE REMEDY, AND THE SOPHIA CODE FOUNDATION’S AND THE THE SOPHIA CODE FOUNDATION RELATED PARTIES’ ENTIRE LIABILITY, SHALL NOT EXCEED ONE HUNDRED US DOLLARS. IN NO EVENT SHALL THE SOPHIA CODE FOUNDATION AND/OR THE SOPHIA CODE FOUNDATION RELATED PARTIES HAVE ANY LIABILITY, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF ANY INACCURACY OR DEFECT IN THE SITE, OR ANY PORTIONS THEREOF, OR YOUR USE OF OR INABILITY TO USE A PARTICULAR SITE PORTION OR LINK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE SOPHIA CODE FOUNDATION OR THE SOPHIA CODE FOUNDATION RELATED PARTIES BE LIABLE FOR ANY SUCH DAMAGES.

9. No Third Party Beneficiaries. This Agreement is intended for the sole and exclusive benefit of THE SOPHIA CODE FOUNDATION and You and is not intended to benefit any third party. Only the parties to this Agreement may enforce it.

10. Indemnification. You hereby agree to indemnify and hold harmless THE SOPHIA CODE FOUNDATION and the THE SOPHIA CODE FOUNDATION Related Parties from all claims, liabilities, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to Your use of the Site and/or Your breach or alleged breach of this Agreement.

11. Termination or Modification of Service. THE SOPHIA CODE FOUNDATION may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, link or content. THE SOPHIA CODE FOUNDATION may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in THE SOPHIA CODE FOUNDATION’s exclusive discretion, without prejudice to any legal or equitable remedies available to THE SOPHIA CODE FOUNDATION, for any reason or purpose, including, but not limited to, conduct that THE SOPHIA CODE FOUNDATION believes violates these Terms of Use or other policies or guideline posted on the Site or conduct which THE SOPHIA CODE FOUNDATION believes is harmful to other customers, to THE SOPHIA CODE FOUNDATION’s business, or to other related parties. Upon any termination of this Agreement, you shall immediately discontinue your use of and access to the Site and destroy all materials obtained from it.

12. Prohibited Uses. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Corporation, a Corporation employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Corporation or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

13. Linking. You may link to the Site, except through the process of framing or other distortion or obscuring of THE SOPHIA CODE FOUNDATION’s content, branding or other intellectual property information. THE SOPHIA CODE FOUNDATION ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF ITS SITE, INCLUDING CONTENTS THAT ARE REFERENCED BY OR LINKED TO THIRD PARTY SITES. THE SOPHIA CODE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FOR THE CONTENTS OF ITS SITE OR ANY THIRD PARTY SITES.

14. Privacy. THE SOPHIA CODE FOUNDATION is firmly committed to Your privacy and restricts its information gathering and dissemination practices for the Site. Please review our privacy policy, https://thesophiacodefoundation.org/privacy-policy/, regarding the information collected through Your use of the Site.

General
15.1 Governing Law & Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, not including its conflict of laws principles. You irrevocably agree that any action by You arising under or related to this Agreement shall be initiated and maintained in the relevant state or federal court with jurisdiction closest to Phoenix, Arizona, and you hereby submit to the personal jurisdiction in such forum for any such action. Any action by You relating to the Site must be initiated within one (1) year after the cause of action arose.

15.2 Injunctive Relief. You agree that legal remedies alone provide inadequate protection of the Site and its contents, and the intellectual property rights embodied therein, and that in addition to other relief, THE SOPHIA CODE FOUNDATION and/or the THE SOPHIA CODE FOUNDATION Related Parties may seek temporary or permanent injunctions to enforce their rights, and You hereby waive the requirement of any bond.

15.3 Changes. The Corporation reserves the right to modify the provisions of this Agreement by posting a revised version of this Agreement on the Site with a prominent indicator showing that the Agreement has been changed. Any modified Agreement shall be effective from the date such Agreement is posted and Your continued use of the Site after that date constitutes acceptance of the modified Agreement.

15.4 Severability. Any provision hereof found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement on future occasions. Headings and subheadings are for purposes of reference and convenience and have no substantive effect.

15.5 Entire Agreement. This Agreement: (1) constitutes the complete and exclusive agreement among the parties with respect to use of the Site, or any portion thereof; and (2) supersedes all other communications, representations, statements and understandings, whether oral or written, among the parties concerning its subject matter.

Licensee Disclaimer:
THE SOPHIA CODE FOUNDATION has no affiliation with any of the Licensees listed on this website or any other website or platform. If you have any causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your contract or relationship with a Licensee, you are required to address your grievance with the Licensee directly. By visiting this site you agree THE SOPHIA CODE FOUNDATION is not liable for any damages of any kind including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages arising from the attendance of any Licensee event, use or misuse of The Sophia Code; and/or the Sophia Circle Leadership Facilitator’s Manual, The Sophia Code Mystery School materials or any programs, events, products or services administered by any Licensee.

THE SOPHIA CODE FOUNDATION Affiliate and Ambassador Disclaimer:
If you have any causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your contract or relationship with an Affiliate of any of the THE SOPHIA CODE FOUNDATION products or services, you are required to address your grievance with that Affiliate directly. By visiting this site you agree, THE SOPHIA CODE FOUNDATION is not liable for any damages of any kind including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages arising from relationship with any affiliate.