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Terms and Conditions of Use

Zimmerman Courses
Terms and Conditions of Use

Please read these Terms and Conditions of Use (the “Terms”) carefully before downloading the Zimmerman Education course (the “Course”) provided to you by Clay Zimmerman, Inc. d/b/a Zimmerman (“Zimmerman”).  By agreeing to this contract, you agree to be bound by these Terms:

Non-refundable, non-transferrable.

Zimmerman has the sole discretion to refuse the sale of the Course and to revoke access to the Course if you do not follow the Terms.

All copyrights, trademarks, trade names, logos, and other intellectual property rights (registered and unregistered) contained or incorporated in the Course are the property of, and belong solely to, Zimmerman.  Nothing in the Terms grants you a right or license to use any copyrighted material, trademark, trade name, logo, or other intellectual property of Zimmerman, except as expressly provided in these Terms.

In exchange for your payment for the Course, the Course is being provided solely to you, for your personal or internal business purposes, and not for any commercial purpose.  You may view the Course electronically on any device you choose.  You may not e-mail the Course.  You may not take screen shots or images of the Course.  You may not display, reproduce, copy, create derivative works from, sell, distribute, or disclose the Course, or any part thereof, to any other person or entity.  Anyone who does the foregoing without Zimmerman’s prior written consent is liable for copyright infringement and other applicable claims.

The Course is provided to you AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

Zimmerman may terminate your access to the Course immediately and without notice if in Zimmerman’s sole discretion you fail to comply with any term or provision of these Terms.  Upon such termination, you must cease use of the Course and destroy any printed or electronic copies of the Course.

These Terms shall be governed by and construed in accordance with the laws of the State of Arkansas and are subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law.  By using the Course, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.  If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.  These Terms constitute the entire agreement between Zimmerman and you relating to your use of the Course.  The failure of Zimmerman to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.

You will receive specific instructions in your inbox on how to view the Course.  These instructions must be followed in order to view it.  Please do not hesitate to contact us if you have any trouble. 

Payment Plans

If you signed up for a payment plan to purchase the Course, you are agreeing to make all payments for the Course.  You may not cancel at any time.

Your payment will occur on the same day each month that you made your first payment (i.e., if you purchased the course on September 10, all of your payments will be on the 10th each month). 

Should you fail to make a payment, we will continue to attempt to charge your card.  After the first failed attempt, we will suspend access to the Course until payment is made.  If we are not able to obtain payment from you, we will proceed to exercise all legal rights and remedies we have against you for breaching the Terms of this contract.  In such event, you may be responsible for all attorneys’ fees and other costs of collection incurred by Zimmerman in enforcing its rights under this contract.

Non-Disparagement

By accepting the services, products, or courses of Zimmerman, you agree not to publish any website, forum, or social media untrue negative reviews or disparaging comments or statements about Zimmerman, its services, products, courses, owners, or employees.

When you use the website or purchase any service, product, or course from Zimmerman, you agree not to engage in any form of conduct or make any statements or representations that disparage or otherwise harm the reputation, goodwill, or commercial interests of Zimmerman.

You understand that should you violate this agreement, Zimmerman will suffer irreparable harm and damages.  You agree that actual damages would be difficult or impossible to ascertain.  You further agree that liquidated damages in the amount of $25,000.00 per publication, posting, conduct, or statement that violates this agreement is a reasonable estimate of the damages incurred or to be incurred by Zimmerman.  You agree that the amount of liquidated damages is fair and reasonable and does not act as a penalty to you, but rather a reasonable fee associated with the damages Zimmerman will suffer.

You also agree that Zimmerman may prevent or cure breach of this agreement by appropriate injunctive relief.  By accepting the terms of this non-disparagement agreement, you authorize Zimmerman to present this agreement to any online or print service provider as an agreement by you to allow Zimmerman to request and authorize removal of any untrue negative review or disparaging comment or statement. 

You agree that consideration has been exchanged between Zimmerman and you to allow this agreement to be in full force and effect.

Contractual Responsibility

By purchasing the Course, you agree to all information stated above and to full responsibility for agreed upon service fees. Payments will be made on time. You agree to respond in a timely manner to inquiries from Zimmerman regarding the Course and payment issues and Zimmerman agrees to do the same.  Zimmerman has the sole discretion to revoke access to the Course if you do not follow the Terms.