Terms & Conditions

GO PRO INSIDER TERMS & CONDITIONS

            These Terms and Conditions (these “Terms”), together with the terms stated in the online order form to which these Terms are linked, attached, or incorporated by reference (the “Order”) and any terms, conditions, policies, or document referenced in these Terms (collectively, the “Agreement”) constitute a binding agreement between the person named in the Order (“you” or “your”) and Go Pro Insider LLC (“GPI,” “we,” or “us”), as authorized agent on behalf of the counterparty stated in the Order (“Owner”) concerning the service to access online content (the “Content”), in each case as referenced in the Order.

1. Agreement.

• Representations. By submitting the Order or accessing the Content you confirm, represent, and warrant that: (a) you have read and understand the Agreement and agree to be bound by its terms and conditions; (b) you are 18 years of age or older or have legal capacity to enter into the Agreement; and (c) if you are submitting the Order on behalf of another person, you have authority to act on such other person’s behalf.

• Changes to Terms. GPI may, from time to time, change these Terms applicable to the Content services. Such changes will be effective immediately, but if you have an ongoing subscription to the Content services, any material changes will be effective at the start of the next billing cycle after posting, unless otherwise stated. Your continued subscription or use of the Content services after the effect of any such change constitutes your agreement to the changed Terms.

2. Access.

• Limited Use. Your subscription to the Content service will continue and automatically renew until cancelled. During your Content service subscription, we grant you a limited, non-exclusive, non-transferable right to access the Content service and view the Content through the Content service as specified in the Order or as modified from time to time as provided in these Terms. The Content service may include different subscription plans or tiers or different billing cycles (for example, monthly or annual) that include access to different Content and other benefits or functionality as described in the Order. Some Content, benefits, or functionality may only be available for limited periods as described in the Order or as described in the Content service as may be changed from time to time. The Content service and the Content viewed through the Content service may only be accessed by you on a supported device.  The Content and Content service are for your personal and non-commercial use only and may not be shared with any other person, except as expressly permitted in the Agreement. Except for the foregoing, no right, title or interest is provided to you. You agree not to use the service for public performances. You agree to use the Content service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on use of the Content service or Content therein.

• Geographic Limitations. You may view the Content only in geographic locations where GPI offers the Content service and have licensed the Content. The available Content may vary by geographic location and may change from time to time.

• Language Options. The Content and Content service interface are in the English language. The Content services support the conversion of the text of the Content and the Content service interface into various languages as may be supported by the Content services from time to time. You may select your preferred supported language through your Content service account.

• Changes. The Content service, including the library of available Content and portions of information and materials for any particular piece of Content, is regularly updated and may be altered or removed at any time without notice. A feature of the Content service is the limited availability of some Content, for example, only for 72 hours after initial posting, and thereafter such Content will be removed from the Content services. In addition, GPI continually tests various aspects of the Content service, including but not limited to the GPI website, user interfaces, and availability of particular Content.

• No Circumvention. Except as expressly permitted through the Content service, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use Content and information contained on or obtained from or through the Content service. You also agree not to circumvent, remove, alter, deactivate, degrade, or thwart any of the Content protections in the Content service; use any robot, spider, scraper, or other automated means to access the Content or Content service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Content service; insert any code or product or manipulate the Content in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Content service, including any software viruses or any other computer code, files, or programs. We may terminate or restrict your use of the Content service if you violate these Terms or are engaged in illegal or fraudulent use of the Content service.

• Display Quality. The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are solely responsible at your cost for adequate Internet access. GPI makes no representations or warranties about the quality of your display of the Content.

3. Account Obligation. You are responsible for any activity that occurs through your account for the Content services, including any charges to your account and charges or fees through your account or changes to subscription plans or tiers. You are responsible for updating and maintaining the accuracy of the information you provide to GPI relating to your account for the Content services. GPI may (but is not obligated to) terminate your account or suspend your account or access to Content in order to protect you, other Content service subscribers, GPI, Owner, or GPI’s contractors from identity theft or other fraudulent activity. GPI is not obligated to credit or discount your subscription for account suspensions.

4. Your Expenses and Obligations. Without limiting the terms and conditions of the Agreement:

• Remote Access. You are solely responsible for all costs associated with accessing the Content services or GPI’s support thereof, including without limitation, internet access with sufficient capacity, computer equipment (including without limitation, webcam and microphone), and software (including without limitation, the video or voice conferencing or communications software platform supported by GPI for use with the Content services), as the foregoing may be updated or changed from time to time).

• Third-Party Terms and Conditions. You may be required to agree to the terms and conditions of and/or payment of fees to third parties to access the Content services or GPI’s support thereof, which may include terms and conditions of video or conferencing or communications software platform.  If you fail to agree to such third-party terms and conditions or pay any third-party fees, then your access to the Content service may be denied to the extent that such third-party terms, conditions, or payments are required.

5. Price and Payment.

• Fees. You will pay the subscription fee in accordance with the payment plan and terms set forth in the Order and as may be modified as provided in these Terms and, unless cancelled as provided in these Terms, at the beginning of each billing cycle thereafter.  You must cancel your subscription before it renews as stated in these Terms in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method. If GPI does not receive payment by the due date or if previously paid fees are withdrawn or reversed for any reason, GPI may suspend your Content services account or access to the Content or both until full payment is received. All sales are in U.S. Dollars and will be converted to your country’s currency by your Payment Method provider.  Your Payment Method provider may impose fees or an unfavorable exchange rate associated with any conversion to U.S. Dollars.  Prices do not include, and you will pay, any sales, use, value added, or other tax applicable to the sale. GPI reserves the right to change or cancel pricing or promotions at any time without notice.

• Billing Cycle. The subscription fee for the Content service and any other charges you may incur in connection with your use of the Content service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the Order (for example, monthly or yearly) and periodically thereafter during the subscription term. In some situations, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription, or if your paid subscription began on a day not contained in a given month. We may authorize your Payment Method in anticipation of authorized charges through various methods, including authorizing it up to approximately one billing cycle as soon as you register.

• Payment Method. At the beginning of each billing cycle, you authorize GPI or its payment processor to charge your current, valid, accepted payment method (the “Payment Method”) for the price stated in the Order and as may be modified as provided in these Terms.  If you pay an initial charge, down payment, or partial payment for the Content services, you authorized GPI or its payment processor to charge the Payment Method for such additional charges at such times as stated in the Order until all amounts owed are paid in full.  You will comply with all applicable terms and conditions of your Payment Method provider.  You remain responsible for any uncollected amounts.  You may update your Payment Method through your settings in the Content services or by contacting GPI customer service.

• Changes to the Price and Subscription. You may change your Content service subscription at any time through your Content service account settings or contacting GPI customer service. If you upgrade your Content service subscription tier, GPI will grant you access to the Content associated with that subscription tier promptly upon making the change, and GPI will charge you a prorata amount of the difference between your prior subscription tier and the new subscription tier for the applicable billing cycle.  If you downgrade your Content service subscription tier, the change, including any change in fees, will be effective on your next billing cycle. GPI reserves the right to change its subscription plans or adjust pricing for the Content service or any components thereof in any manner as GPI determines in its sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect on the next billing cycle following notice to you.

• No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. However, except as provided in the Agreement, following any cancellation you will continue to have access to the Content service through the end of your current billing cycle. Please note that you are still responsible for payment if you do not timely cancel as permitted by these Terms or even if you do not access the Content services.

• Remedies. Without limiting any other remedy available, if you fail to pay any amounts when due, (i) GPI may charge you an additional late fee on any amount past due multiplied by one and a half percent (1.5%) per month or at the highest amount permitted by applicable law, whichever is less, until paid in full, and (ii) GPI may suspend access to the Content services or any part at its discretion.

6. Privacy and Security. The creation, collection, storing, use, disclosure, or other processing by or through the Content services of information that identifies, relates to, or is reasonably capable of being associated or linked with an identified or identifiable individual or household will be governed by GPI’s privacy policy available through the Content services, as the same may be modified from time to time.

7. Cancellation.

• Cancellation. You may cancel your Content service subscription at any time, and you will continue to have access to the Content service through the end of the then-current billing cycle. To cancel, submit a cancellation request through your account on the Content service or send an email to GPI’s customer support using the email address on the GPI website of your desire to cancel your Content subscription. You may be required to provide information necessary to verify your identify and your account. Cancellations received less than 72 hours prior to the start of the next billing cycle are not effective until the end of the next billing cycle. If you timely cancel your subscription, your account will automatically close at the end of the then-current billing cycle.

• Survival. The rights and obligations of Sections 1, 3, 4, 5, 7, 8, 9, 10, 12, 13, and 14 of these Terms and each subsection thereof will survive the expiration, cancellation, or termination of the Agreement.

8. Disclaimers and Obligations. The Content and Content services are provided AS IS, AS AVAILABLE, and WITH ALL FAULTS, and GPI DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REGARDING ACCURACY, COMPLETENESS, TIMELINESS, TRANSLATION, ACCESS, COMPATIBILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE, AND NON-INFRINGEMENT.  Without limiting the foregoing, you agree:

• No Assurance of Success. The Content may include presentations about income growth opportunities. You understand that there can be no assurance that any prior successes by other individuals, or past results in income earnings, can be used as an indication of your future success or results. You acknowledge monetary and income results are based on many factors. GPI and Owner disclaim any representations or warranties, express or implied, that you will get rich, that you will do as well, or that you will make any money at all, including without limitation, if you do not do the work required or you ignore or fail to follow advice presented to you. The products and services of GPI and others included or referenced in the Content may have unknown risks involved and are not suitable for everyone. Making decisions based on any information presented in products, services, or web site used or referenced in the Content should be done only with the knowledge that you could make no money at all. All products and services by GPI or others included or referenced in the Content are for educational and informational purposes only.

• Due Diligence. You are solely responsible for doing your own due diligence when it comes to making business and financial decisions and all information, products, and services that have been provided by GPI or at or referenced in the Content should be independently verified by your own qualified professionals including checking with your accountant, lawyer, or professional advisor, before acting on this or any information.

• Responsibility for Own Actions. The information, products, and services of GPI or others should be carefully considered and evaluated before reaching a business decision and whether to take any action (or refrain from acting). You agree that GPI and Owner are not responsible for the success or failure of your business decisions relating to products or services of GPI or others or any information presented in the Content or elsewhere by GPI or others.

• Third-Party Services and Devices. GPI is not responsible for and you will look solely to the manufacturer, distributor, or supplier of any third-party devices or services you may use to access the Content or Content services. GPI disclaims any representation or warranty with respect to such third-party devices or services, including without limitation, ongoing capability with the Content or Content services.

9. Limitations of Liability. You agree that GPI, Owner, and their respective affiliates and licensors are not liable for any special, indirect, incidental, exemplary, punitive, or consequential damages, or any damages whatsoever resulting from loss of profits or business opportunity, arising out of, in connection with, or related to the Agreement, the Content, Content services, GPI’s performance or non-performance, or for any other reason, whether in an action of contract or tort (including, without limitation, negligence), whether or not GPI or Owner have been advised of the possibility of such damages. In addition, GPI’s, Owner’s, and their respective affiliates’ and licensors’ maximum liability and your sole remedies will not exceed the amounts actually paid by you to GPI within the 12-month period prior to the claim with respect to the direct cause of the claim.  You must promptly notify GPI in writing of any claim arising out of or related to the Agreement, the Content, Content services, or GPI’s performance or non-performance, but in no case more than 30 days after you knew or should have known of the claim.  You may not maintain any such claim for which timely notice has not been made, but in no case more than one year after the cause of action accrues.

10. Exclusions. The laws of some jurisdictions may prohibit the disclaimer of certain warranties or limitations on the remedies for their breach.  To the extent any such laws apply and may not be waived by you, the applicable disclaimers and limitations of liability in these Terms are modified to the extent necessary to comply with such laws.

11. Force Majeure. If GPI is unable to perform any obligation because of any event beyond its reasonable control and/or causes making it illegal, impossible, or commercially impractical, including without limitation, acts of God; strikes or labor disputes; failure of the internet, network, or communications providers; failure of platform providers; or governmental orders or restrictions, GPI will be relieved from its performance to the extent, and for the duration, that such performance is delayed or prevented by such event or cause.

12. Remedies. Without limiting any other remedies, if GPI seeks to enforce or choses to defend a claim arising out of or related to the Agreement, you will pay GPI’s costs and expenses arising therefrom or related thereto, including without limitation, attorneys’ fees, to the extent that GPI substantially prevails in such enforcement or defense.

13. Disputes.

• Arbitration. Any dispute, claim, or controversy arising out of or relating to the Agreement, the Content, Content services, including the determination of the scope or applicability of this provision, will be determined by arbitration in Las Vegas, Nevada under the commercial arbitration rules of the American Arbitration Association. Judgment on the award in the arbitration will be binding and may be entered in any court having jurisdiction. This arbitration provision will not preclude GPI from seeking provisional equitable remedies from a court of appropriate jurisdiction, and to the extent necessary to determine whether to grant any such remedy, to decide the underlying claims upon which any such remedy is sought, and such action or suit will not be considered a violation of the terms of this provision.  The fees and expenses of the arbitration and the arbitrator(s) will be borne equally by each party.  You acknowledge that you had the opportunity to consult with any attorney or other advisor of your choice about this arbitration provision.

• No Class or Consolidation. EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GPI agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

• Exclusive Jurisdiction. Subject to the foregoing, any dispute arising out of or related to the Agreement must be brought exclusively in a court sitting in Las Vegas, Nevada, except that GPI may seek temporary equitable remedies or enforce the orders of any court in any court of competent jurisdiction.

14. General. The Agreement contains the complete agreement and understanding concerning its subject matter and supersedes all other agreements or understandings. Except as provided otherwise in the Agreement, the Agreement may only be amended in a writing that is signed by GPI’s authorized representative. Any waiver by GPI of any obligation or remedy is not an ongoing waiver. Except as expressly permitted in the Agreement, you may not transfer, assign, or delegate any interest, right, or obligation under the Agreement. This Agreement is governed by Nevada law, excluding its rules on conflicts of law.

[End of Terms]