Terms of Service

Welcome, and thank you for your interest in the website www.JohnRMiles.com (the “Website” or “Site”). The Website and its associated Products and Services are owned and operated by Passion Struck, LLC, a Florida Limited Liability Company (the “Company”). For the purposes of this Agreement, any use of the terms “us”, “our”, or “we” includes Passion Struck, LLC, as well as any affiliated brands or entities, including without limitation The Mattering Effect and the personal professional services of John R. Miles, collectively referred to herein as the “Company”. Unless otherwise specified, all references to our services include the content, services, courses, lessons, instruction and Products available through the Website. The term “user”, “you” or “your” refers to the user of the Service. The following Terms of Service are a legally binding contract between you and the Company.

Please read the following Terms of Service (“Terms” or “Agreement”) carefully before accessing or using any of the Services. Each time you access or use our Services or purchase something from us, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to be bound by all of these Terms, you may not access or use our Service. The Company may change this Agreement at any time by posting an updated Terms of Service on this site.

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN SECTION 31. IT AFFECTS HOW DISPUTES ARE RESOLVED.

1. Eligibility for Our Service

By using our Services, you represent and warrant that you have attained the age of majority where you reside and are otherwise capable of entering into binding contracts. If you are using our Services on behalf of a company, you represent and warrant that you have authority to act on behalf of that entity.

2. Our Service and Products

The Company is a professional services company specializing in transformation. This Website provides information, articles, videos and posts on these valuable improvement skills. The instructional and educational courses and Services available through our Website (“Products”) are either for personal or professional use only. You may not sell or resell any of the Products or Services you purchase or otherwise receive from us.

3. Accounts and Registration

To access some features of the Service, you may be required to register for an account. If you provide your information to us, you agree to provide true, current, complete and accurate information. Our collection, use and disclosure of your information is governed by this Agreement and our Privacy Policy.

4. Account Management

You are responsible for safeguarding your password and any other credentials used to access your account. You, and not the Company, are responsible for any activity occurring in your account. We reserve the right to modify, suspend or terminate the Service or your access for any reason, without notice, at any time.

5. Payment

You may purchase any Products or Services by providing us with your method of payment information. You authorize us to charge you for purchases using the secure third party payment processor we make available to you.

6. Refund Policy

All orders for Products are eligible for our 30-day refund policy. You may receive a refund for any Product purchased for any reason within 30 calendar days of your date of payment. Return of all course material within fifteen (15) days of contacting us is a condition of issuing the refund.

7. Your Access and Use of our Services

Your right to access and use our Services is personal to you and is not transferable. You are only entitled to access and use our Services for lawful purposes. You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, nor use any automated data gathering tools without our prior written permission.

8. System Requirements

Use of certain areas of our Service requires Internet access, audio/video player software, and compatible devices. It is your sole responsibility to comply with the system requirements of your software and device, including the payment of all associated fees without recourse to the Company.

9. Suspension and Termination of Services

The Company may limit, suspend, or terminate the Services to you if you fail to comply with these Terms, the Privacy Policy, or if you use the Services in a way that causes legal liability or disrupts others.

10. Information Accuracy

We attempt to ensure that information on this Service is complete, accurate and current. However, we make no representation as to the completeness, accuracy, or currency of any information, and reserve the right to correct errors without notice.

11. Proprietary Rights

The Company or its licensors own and reserve all right, title and interest in and to the Products and the Service. No title to or ownership of any proprietary rights is transferred to you pursuant to these Terms.

12. Intellectual Property Rights

All content, including videos, audio files, text, graphics, and software, are owned by the Company or licensed to us. You are prohibited from using the Company’s trademarks or trade dress without our prior written permission.

13. Use of Our Content

We grant you a limited license to access, print, or download our Content for your noncommercial personal use. You may not modify, decompile, reverse engineer, or transfer our Content to another person or entity.

14. User Content

By submitting User Content, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute such content for any purpose. You are solely responsible for your User Content and the damages resulting therefrom.

15. Community Guidelines

You agree to follow our community guidelines. You will not harass, stalk, defame, abuse, or promote illegal activities. The Company reserves the right to terminate any user account for a violation of these rules at any time.

16. User Comments

The Company is not legally responsible for any comments posted or made available on our Services by any users or third parties. We reserve the right to remove user comments that violate these Terms.

17. Interruption of Service

Access to our Services may be interrupted for maintenance or equipment malfunction. We will not be liable for any interruption of the Services.

18. Third Party Links

We are not responsible for the availability, content, advertising, or resources of any third-party websites linked through our Service.

19. Electronic Communications

You consent to communicate with us electronically. All agreements, notices, and disclosures that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20. Electronic Transactions

You acknowledge that your electronic submissions constitute your agreement and intent to be bound by financial transactions and purchases.

21. Third Party Social Networking

If you access our Services through third-party sites (like Facebook or LinkedIn), you authorize us to collect and use your information in accordance with our Privacy Policy.

22. Security

Violating the security of our Services is prohibited. This includes unauthorized access to data, probing for vulnerabilities, or interference with service to any user, host, or network.

23. Privacy

Our collection and use of your personal information is governed by our Privacy Policy, available on our website.

24. Copyright Policy (DMCA)

We respect the intellectual property rights of others. Please submit DMCA infringement complaints to [email protected].

25. Disclaimers; No Warranties

ALL SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

26. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED $100 IN THE AGGREGATE.

27. Indemnity

You agree to defend, indemnify, and hold harmless the Company and its affiliates from any and all claims, liabilities, and expenses arising out of your use of the Service or Products.

28. Release

You release the Company from any claims, demands, or damages arising out of your use of our Services, to the maximum extent allowed by law.

29. Governing Law

This Agreement shall be governed by the laws of the State of Florida. The parties consent to the exclusive jurisdiction and venue in the courts located in Florida.

30. Our Remedies

In the event of a breach, the Company shall be entitled to an injunction restraining such breach, brought in the courts of State of Florida.

31. Dispute Resolution

ANY DISPUTE ARISING OUT OF THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION IN THE STATE OF FLORIDA. YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

32. Additional Terms for Our Products

Certain products may require additional agreements. In the event of a conflict, these Terms of Service shall control. All purchases are governed by these Terms and the arbitration requirements located in the State of Florida.

33. Law Enforcement

We may disclose user information to law enforcement in response to a valid request or in emergency situations to prevent serious physical harm.

34. Statutory Rights

If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services for further information.

35. Amendments

We reserve the right to update this Agreement at any time. Your continued use of our Services constitutes acceptance of the changes.

36. Severability

If any portion of this Agreement is deemed unlawful, the remaining portions shall continue in full force and effect.

37. No Waiver

Our failure to enforce any right shall not constitute a waiver of such right.

38. Entire Understanding

This Agreement and the Privacy Policy represent the entire understanding between you and the Company. If you have questions, please contact: [email protected]