Terms & Conditions of Use

PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THIS SITE MEANS YOU AGREE TO THESE TERMS.

EFFECTIVE DATE: June 20, 2020

These Terms and Conditions of Use (the “Terms of Use”) apply to the website located at https://www.prosehq.com (the “Site”) and to the videos, podcasts, written materials, and courses provided by Pro Se HQ, LLC on the Site, YouTube, Patreon, or any other distribution platform ( collectively, the “Content”).

The Site and the Content are the property of Pro Se HQ, LLC, a Washington limited liability company (“PSHQ”). Please read these Terms of Use carefully. BY ACCESSING THIS SITE OR ANY OF THE CONTENT (NO MATTER WHERE THE CONTENT MAY BE LOCATED), YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE, WHICH FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SITE OR THE CONTENT. The Site and the Content are intended to be used solely by individuals over the age of 18.

OWNERSHIP OF SITE AND CONTENT

Unless otherwise indicated, this Site (including its design, text, content, selection and arrangement of elements, organization, graphics, and the design, compilation, and other matters related to this Site), as well as all of the Content, are protected under applicable intellectual property and other laws, including, without limitation, those of the United States. The Site, Content, and intellectual property rights therein are the property of PSHQ or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. The posting of any Content on this Site, YouTube, Patreon, or any other distribution platform does not constitute a waiver of any right of PSHQ in such Content. The reproduction, duplication, distribution (including by way of email or other electronic means), publication (including posting on another website) modification, copying or transmission of Content from this Site, YouTube, Patreon, or any other distribution platform in any form or by any means is strictly prohibited without the express prior written consent of PSHQ. Requests for permission to reproduce or distribute materials found on this Site and any Content can be made by contacting PSHQ in writing at 5114 Point Fosdick Dr., Ste. F PMB 1017, Gig Harbor, WA 98335 or by email at legal@prosehq.com. The Content may only be used for personal, non-commercial purposes.

LICENSE TO SITE AND CONTENT

PSHQ grants you a personal, limited, non-exclusive, non-transferable license to access, view, and make personal and non-commercial use of this Site and any Content that PSHQ makes accessible to you. You may not use this Site to gain unauthorized access to PSHQ networks or computer systems or to engage in any activity that disrupts or otherwise interferes or tampers with the Site (and associated servers or networks connected to the Site). You agree not to access the Site or any Content through any automated means (such as through the use of scripts or web crawlers, etc.).

TRADEMARKS

The PSHQ logo and all page headers, custom graphics, button icons, trademarks, service marks and logos appearing on this Site or in the Content, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of PSHQ (the “Marks”). All other trademarks, names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site or in the Content are the property of their respective owners. You are not authorized to display or use the Marks in any manner without the express prior written consent of PSHQ. You are not authorized to display or use trademarks, names, logos, service marks and/or trade dress of other owners without their express prior written consent. The use or misuse of the Marks or other trademarks, names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

PRIVACY & COOKIE POLICIES INCORPORATED

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy and Cookie Policy, which are located at https://www.prosehq.com/privacy-policy/ and https://www.prosehq.com/cookie-policy/, respectively, and which are incorporated herein by reference. Before using this Site or accessing the Site Content or any Content, wherever located, please read through the Terms of Use, Privacy Policy, and Cookie Policy carefully. All personal information provided to us as a result of your use of this Site and the Content will be handled in accordance with our Privacy Policy and Cookie Policy, as applicable.

DISCLAIMER AND ADDITIONAL TERMS, CONDITIONS AND AGREEMENTS

By agreeing to these Terms of Use, you acknowledge that you have read, understand, and agree to the Disclaimer, which is located at https://www.prosehq.com/disclaimer/ and is incorporated herein by reference.

In addition, we may require you to follow additional rules, guidelines, or other terms and conditions in order to use various features of our Site or participate in certain promotions or activities available through our Site or for other reasons. In such cases, you may be asked to expressly consent to such additional rules, guidelines, or other terms and conditions by, for example, checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. For example, you will be required to enter into a separate agreement if you use this Site (or any other site associated with PSHQ) to purchase one of our programs. If any of the terms or conditions of a click-through agreement are different than the terms of these Terms of Use, then the terms of the click-through agreement will supplement and amend these Terms of Use, but only with respect to the matters governed by such agreement. In addition, certain areas of our Site may be operated by third party service providers. Such areas may be governed by certain additional terms, conditions, or policies of those third-party providers.

SITE SUBMISSIONS

You may choose to submit information to PSHQ through our Site for various reasons, such as to login, provide a testimonial, or make a purchase. By submitting information to PSHQ, you are authorizing us to utilize this information for the purpose for which it was submitted and for such other purposes as are set out in our Privacy Policy. Nothing in these Terms of Use or the Site shall constitute an offer or promise of employment or licensing relationship. We may or may not review all or any information submitted to us. 

Except for personally identifiable information such as names, addresses, and financial information, unsolicited information submitted to us via the Site or any other method is assigned to PSHQ free of charge, together with all worldwide rights, title, and interest in all copyrights and other intellectual property rights in such submission, and PSHQ and its affiliates and related entities may use, sublicense, adapt, distribute, publicly perform, publish, display, or delete such submission at its sole discretion. By sending any unsolicited submission to PSHQ, you waive the right to make any claim against PSHQ, its parents. or affiliates related to use of the submission. 

With our prior written consent, you may create hyperlinks directly to the home page of this Site, provided that: (i) the hyperlink accurately describes the content as it appears on the Site; (ii) each page within our Site is displayed in full, without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the applicable page within our Site; and (iii) you do not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site, PSHQ, or its agents. You may not copy any portion of the Site or Content to a server, except as part of an incidental caching of pages. If you wish to link to or obtain a license with regard to the Site or any Content other than as described herein, you must contact PSHQ by email at legal@prosehq.com or by mail at 5114 Point Fosdick Dr., Ste. F PMB 1017, Gig Harbor, WA 98335 before doing so. If PSHQ has provided links or pointers to other websites, then no inference or assumption shall be made and no representation shall be understood or implied that PSHQ is connected with, operates, or controls such other websites. PSHQ is not responsible for the content or practices of third-party websites that may be linked to or from this Site.

TERMINATION

PSHQ reserves the right to immediately terminate your use of or access to this Site at any time for any reason or for no reason, in its sole discretion. PSHQ further reserves the right to modify or discontinue publication of this Site, the Content, or any portion thereof at any time without notice. 

If you believe that any material contained in this Site or any Content infringes your copyright, you should notify PSHQ of your copyright infringement claim in accordance with the following procedure, and PSHQ will process notices of alleged infringement which it receives and will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to PSHQ by mail addressed to 5114 Point Fosdick Dr., Ste. F PMB 1017, Gig Harbor, WA 98335, or by e-mail sent to legal@prosehq.com. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Site; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  If you are a user outside the United Sates and are not subject to the DMCA, you should notify PSHQ of your copyright infringement claim in writing and in accordance with the above procedure and other applicable intellectual property laws.

NO WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR THE CONTENT OR ANY GOODS OR SERVICES SOLD THROUGH THIS SITE (OR THROUGH ANY SITE WITH WHICH THIS SITE IS LINKED), ALL OF WHICH ARE EACH PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITH RESPECT TO THIS SITE, ANY GOODS OR SERVICES SOLD THROUGH THIS SITE, AND ANY SITE WITH WHICH THIS SITE MAY BE LINKED, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING MALWARE AND VIRUSES). WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE OR ANY SITE WITH WHICH IT IS LINKED, OR CONTAINED IN ANY CONTENT, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, LICENSEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.

EXCLUSION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PSHQ, ON BEHALF OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, LICENSEES, AND SUPPLIERS, DO EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES AND DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, AND OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OF THE CONTENT, THE PURCHASE OF GOODS OR SERVICES SOLD THROUGH OR RELATING TO THIS SITE OR ANY WEBSITE WITH WHICH THIS SITE OR THE CONTENT MAY BE ASSOCIATED. YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS. 

These Terms of Use give you specific legal rights and you may also have other rights which vary by jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions only allow limitations and exclusions subject to certain conditions. If the law of any such jurisdiction is determined to govern any claim arising from or related to this contract, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability to the extent that it is unlawful for us to do so. 

INDEMNITY

You agree to defend, indemnify and hold harmless PSHQ, its owners, directors, officers, managers, members, employees, and agents, from and against all the liabilities, claims, damages, and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of this Site and Content, any content you submit, post to, or transmit through this Site, or your breach or alleged breach of these Terms of Use.

You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and the Content. If you provide us any information through the Site, you agree to provide true, accurate, current, and complete information about yourself. You agree not to attempt to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or system. Any unauthorized modification, tampering, or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. If you become aware of misuse of this Site by any person, then please contact the Site Administrator at info@prosehq.com with your concerns. PSHQ reserves all rights and remedies available to it. 

GENERAL PROVISIONS

These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms of Use, will be substituted with a valid and enforceable provision reflecting the intent of the invalid provision, and shall not affect the validity and enforceability of any remaining provisions. No provision of these Terms of Use shall be deemed waived by PSHQ except with prior written consent of PSHQ.  PSHQ’s failure to exercise, or delay in exercising, any right or remedy under these Terms of Use will not operate as a waiver of that right or remedy.  These Terms of Use may be assigned by PSHQ in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. PSHQ’s failure to act with respect to a breach of this agreement does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. 

MODIFICATION

PSHQ reserves the right to modify or amend these Terms of Use without notice at any time. The latest Terms of Use will be posted on the Site, and you should always review these Terms of Use prior to using the Site or any Content to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Site and Content. Use by you of the Site or any Content following any modifications or amendments to these Terms of Use shall signify your acceptance of the then-current version of these Terms of Use, including any such modifications or amendments.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail to PSHQ, 5114 Point Fosdick Dr., Ste. F PMB 1017, Gig Harbor, WA 98335 (in the case of notice to PSHQ) or to the email address you provide to PSHQ (in the case of notice to you). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you any notice by sending it via certified mail, with postage prepaid and return receipt requested, to any mailing or billing address that you have provided to PSHQ. In such case, notice shall be deemed given 3 days after the date of mailing.

CONTACTING PSHQ

Any questions, comments, or issue with this Site should be addressed to the Site Administrator at info@prosehq.com. The website https://www.prosehq.com is operated by Pro Se HQ, LLC.

GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any principles of conflicts of law. You agree that venue shall exclusively lie in, and you agree to submit to the exclusive jurisdiction of, the courts of the State of Washington in Pierce County or, if appropriate, the United States District Court for the State of Washington in Tacoma for resolution of any dispute, action, or proceeding arising from or related to this Agreement or your use of the Site or Content. You further irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding arising from or relating to this contract between you and PSHQ, and you agree that in any such dispute, action, or proceeding you shall not bring any claims on a class-action or other representational basis and that no claims of any other person who is not your immediate family member shall be joined to your claims in any such dispute, action, or proceeding without the written consent of PSHQ.

DISPUTE RESOLUTION

Both parties agree not to initiate any civil process of adjudicating any claim against the other without first pursuing the following steps: The parties shall first attempt, promptly and in good faith, to resolve any dispute informally between them. If the parties are unable to resolve any such dispute informally within thirty (30) days, then either party shall submit the controversy or dispute to individual mediation in Pierce County, Washington. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law consistent with these Terms of Use.

ACCEPTANCE

You agree that your act of viewing the Site, registering an account on the Site, or viewing any Content (whether located on the Site or elsewhere) shall operate to conclusively establish that you understand these Terms of Use constitute a binding contract between you and PSHQ and that you understand, accept, and agree to comply with these Terms of Use.