Terms and Conditions
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Last updated: January 24, 2022
Please read these Terms and Conditions ("Terms", "Terms and Conditions")
carefully before using the www.course.neversinkfarm.com website (the
"Service") operated by Neversink Education ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and
others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you do not have permission to access
the Service.
Purchases
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If you wish to purchase any product or service made available through the
Service ("Purchase"), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information.
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
You confirm that you are the intended sole user of the course and that the email
you have entered is your own personal and permanent email address and thus
can be used for secure correspondence. Neversink Farm reserves the right to
confirm this email address and use whichever email it deems appropriate.
The service may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these third
parties subject to our Privacy Policy.
We reserve the right to refuse 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, violation of terms and conditions
error in your order or other reasons without refund.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
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We are constantly updating product and service offerings on the Service. We
may experience delays in updating information on the Service and in our
advertising on other web sites. The information found on the Service may
contain errors or inaccuracies and may not be complete or current. Products or
services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any
information found on the Service.
We therefore reserve the right to change or update information and to correct
errors, inaccuracies, or omissions at any time without prior notice.
By purchasing, you understand that the course is HD videos and a high speed connection is required for best viewing.
Contests, Sweepstakes and Promotions
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Any contests, sweepstakes or other promotions (collectively, "Promotions")
made available through the Service may be governed by rules that are separate
from these Terms & Conditions. If you participate in any Promotions,
please review the applicable rules as well as our Privacy Policy. If the rules
for a Promotion conflict with these Terms and Conditions, the Promotion rules
will apply.
Subscriptions
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Some parts (not lifetime membership) of the Service are billed on a subscription basis("Subscription(s)"). You will be billed in advance on a recurring and periodic
basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual
basis, depending on the type of subscription plan you select when purchasing a
Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or Neversink Education
cancels it. You may cancel your Subscription renewal either through your
online payment management page or by contacting Neversink Education customer
support team.
A valid payment method, including credit card or PayPal, is required to
process the payment for your Subscription. You shall provide Neversink
Education with accurate and complete billing information including full name,
address, state, zip code, telephone number, and a valid payment method
information. By submitting such payment information, you automatically
authorize Neversink Education to charge all Subscription fees incurred through
your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Neversink Education
will issue an electronic invoice indicating that you must proceed manually,
within a certain deadline date, with the full payment corresponding to the
billing period as indicated on the invoice.
While you may cancel your subscription, no refunds will be given by Neversink Education. If you cancel your subscription, you will lose access immediately. We cancel subscriptions and access simultaneously. A request for cancellation is considered a request for termination of access as well. We are unable to schedule cancellations. No refunds will be given when a subscriber initiates cancellation before the paid period has ended
Registration fees are paid once as long as your subscription does not lapse. A subscription is considered lapse if you cancel your subscription or your payment fails for any reason.
Upgrading to Lifetime membership will be an option and must be requested. This would not happen automatically. The lifetime membership price would have to be determined at that time and would be based on the regular price minus what has been paid up to that point including registration and monthly fees.
Fee Changes
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Neversink Education, in its sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
Neversink Education will provide you with a reasonable prior notice of any
change in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
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Except when required by law, paid Subscription fees are non-refundable.
Neversink Farm does not offer refunds of any kind and for any reason for payments made for lifetime memberships to its online course.
Accounts
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When you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.
Your account identification is the email address that you use to register for the course. This identifying email address can never be changed. It is the the single piece of security used in our security protocols and for correspondence with customer service. Neversink Education reserves the right to confirm any email and use any email it deems appropriate.
You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
Neversink Education uses IP address monitoring to confirm proper use of your account
and will lock your account if misuse is suspected.
You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any
rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive,
vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion without refund.
Intellectual Property
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The Service and its original content, features and functionality are and will
remain the exclusive property of Neversink Education and its licensors. The
Service is protected by copyright, trademark, and other laws of both the
United States and foreign countries. Our trademarks and trade dress may not be
used in connection with any product or service without the prior written
consent of Neversink Education.
Links To Other Web Sites
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Our Service may contain links to third party web sites or services that are
not owned or controlled by Neversink Education
Neversink Education has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these entities/individuals
or their websites.
You acknowledge and agree that Neversink Education shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods
or services available on or through any such third party web sites or
services.
We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.
Termination
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We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the
Service.
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
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You agree to defend, indemnify and hold harmless Neversink Education and its
licensee and licensors, and their employees, contractors, agents, officers and
directors, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to
attorney's fees), resulting from or arising out of a) your use and access of
the Service, by you or any person using your account and password, or b) a
breach of these Terms.
Limitation Of Liability
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In no event shall Neversink Education, nor its directors, employees, partners,
agents, suppliers, or affiliates, be liable for any indirect, incidental,
special, consequential or punitive damages, including without limitation, loss
of profits, data, use, goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the Service; (ii)
any conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorized access, use or alteration of
your transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have been
informed of the possibility of such damage, and even if a remedy set forth
herein is found to have failed of its essential purpose.
Disclaimer
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Your use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.
Neversink Education its subsidiaries, affiliates, and its licensors do not
warrant that a) the Service will function uninterrupted, secure or available
at any particular time or location; b) any errors or defects will be
corrected; c) the Service is free of viruses or other harmful components; or
Exclusions
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Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.
Governing Law
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These Terms shall be governed and construed in accordance with the laws of New
York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.
Changes
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We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will provide at least 15 days notice
prior to any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Service.
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If you have any questions about these Terms, please contact us.