Terms of service.

Terms:

Aileron Group, LLC and its affiliates ("Aileron" or "we") present its content on its websites or applications that post a link to these Terms of Use (the "Site") subject to the following terms and conditions (the "Terms"). We may periodically modify the Terms without prior notice, so please check back from time to time. These Terms were last updated on February 4th 2024. By accessing and using this Site, you agree to these Terms. For an understanding of Aileron's practices and policies related to the collection, use, and storage of user information, please read our Privacy Policy.

For an in-depth look at our terms of service see below number 9. In summary please read 1 through 9.

This agreement is enforceable even if in part is found to be unenforceable.

1. Copyrights

All content and functionality on the Site, including text, graphics, logos, icons, images, videos, and the selection and arrangement thereof, is the exclusive property of Aileron or its licensors. The Site Content is protected by U.S. and international copyright laws. Copying, reproducing, modifying, reverse engineering, uploading, publishing, posting, transmitting, or distributing the Site Content without written permission is prohibited, except for specified uses in Section 3 – Use of Site Content. All rights not expressly granted are reserved.

2. Trademarks

The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Aileron and its licensors. Unless expressly permitted by us or our licensors, you agree not to refer to or attribute any information to Aileron or its licensors in any public medium for advertising, promotion, or informing third parties without using or reproducing any Trademark.

3. Use of Site Content

Aileron grants a limited, non-exclusive, non-transferable license to access, download, display, and print one copy of the Site Content for internal, business use, provided you do not modify the Site Content, retain all copyright notices, and comply with these Terms. Reproduction, modification, reverse engineering, distribution, transmission, posting, or disclosure of the Site Content without Aileron’s written consent is prohibited. The license terminates if you do not comply with these Terms.

4. User Postings

You acknowledge that Aileron owns and has the right to use any information posted on the Site. By submitting information, you grant Aileron a worldwide, non-exclusive, transferable license to use, reproduce, publish, distribute, and exploit the submission for any purpose. You agree not to post materials that violate these Terms, and Aileron reserves the right to refuse or remove any information for any reason.

5. Notices of Infringement and Takedown by Aileron

Aileron prohibits posting information that infringes on copyright or intellectual property rights. If you believe your rights are infringed, submit a written notice to Aileron's Legal Department, including identification of the copyrighted work, description of the infringing material, contact information, a statement of good faith belief, and a statement of accuracy.

6. Disclaimers

The Site's content and functionality are provided on an "as-is" basis, without warranty of any kind. Aileron and its third-party content providers make no warranties, express or implied, regarding the ownership, accuracy, or adequacy of the Site Content. Aileron shall not be liable for any indirect, incidental, consequential, or punitive damages, losses, or lost revenues.

7. Indemnification

You indemnify Aileron and its predecessors, successors, and affiliates from any and all liability, expenses, or losses incurred due to your use of the Site or breach of these Terms. Aileron reserves the right to assume the exclusive defense of any matter subject to indemnification.

8. Third-party Websites & Providers

Aileron may provide links to third-party websites, and some content on the Site may be supplied or supported by third parties. Aileron has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies of the applicable third-party content providers.

9. Governing Law; Jurisdiction

These Terms are governed by the laws of the State of Indiana without reference to conflicts of laws principles.

Full Terms of Service

Welcome to www.ailerongrp.com (the “Site”), provided by Aileron Group, LLC and its affiliates (collectively “Aileron,” “we,” “our,” or “us”). This platform aims to allow our valued customers (“you” for the purpose of these Terms & Conditions (our “Terms”)) to discover and purchase various products, services, and merchandise, including digital downloads and access to online courses (our “Products”).

Upon accessing or utilizing the service, you are consenting to abide by the terms and conditions outlined in this agreement. Should any of these terms prove unacceptable to you or if you find any future changes unacceptable, refrain from using the service. Your ongoing utilization of the service, either at present or subsequent to the posting of any modifications to this agreement, will signify your acceptance and agreement to such changes.

You affirm that you possess the legal authority to enter into this agreement and be bound by its terms. If you are representing a company or entity, you warrant that you have the authority to legally bind such entity. Through the utilization of any services provided by us on the Site (the "Services"), you acknowledge the potential updates to this Privacy Policy. Material changes will be communicated through the posting of the revised Privacy Policy on the Site. Your continued use of the Site and/or any of our Services subsequent to such notice will indicate your assent to and acceptance of the updated Privacy Policy. Unless explicitly defined otherwise in this Privacy Policy, capitalized terms used herein retain the same meanings as in our Terms of Service.

The Service, Purchases.

A) The Site is designed to facilitate your exploration of Aileron Group, LLC and their ideas, allowing you to submit comments, purchase Products, and sign up for additional information about Aileron Group and related products and services of potential interest. Subject to your adherence to these Terms, our Privacy Policy, and our Terms and Conditions of Sale policy (collectively referred to as the "Policies"), we provide you with a limited, non-exclusive, nontransferable, and non-sublicensable license to access and utilize the Site for this purpose. To access specific sections of the Site, you may be required to create an account ("Account"). Upon creating an Account, we will collect certain information, including payment details. Please refer to our Privacy Policy for insights into how we collect, store, use, and share your information; the terms of the Privacy Policy are integrated into these Terms by reference. Safeguarding the confidentiality of your Account and password and limiting access to your computer are your responsibilities. We are not liable for any loss or damage resulting from unauthorized access or use of your User ID or password. Account registration and purchases require you to be 18 years or older. Using another person's Account without permission is strictly prohibited. We reserve the right to terminate your Account, cancel orders, or deny, restrict, or discontinue service or access to the Site to you or any other party, for any reason or without reason, at any time, without notice or liability. If we disable your account, you may lose access to the Service, your account details, or any files and content within it. Although we may not have set fixed upper limits on storage space or data duration, such limits may be established by us at any time, at our discretion.

B) All transactions involving the acquisition of products and/or services through the Service adhere to the Terms and Conditions of Sale accessible on this page and these terms are expressly integrated into this Agreement by reference.

Policy Acceptance (In part or in full)

A) You acknowledge and commit to (i) utilizing the Service exclusively for your personal, non-commercial use, aligning with this Agreement and any specified rules or usage provisions set forth by us on the Service, (ii) providing accurate, current, and complete information in your interactions with us, (iii) potentially receiving electronic communications (e.g., email notices) from us intermittently, and (iv) regularly reviewing the latest version of this Agreement posted on the Service for any applicable amendments. We reserve the unilateral right to refuse or suspend access to the Service for any individual, at any time and for any reason, without assuming any liability. It is prohibited to record, copy, distribute, or transmit any live offerings (such as Live Online Classes or live one-on-one sessions).

B) Your use of the Service, including data storage, is solely at your risk. We hold no obligation to back up data and retain the right to limit storage and remove content that violates this Agreement or any rules.

C) You are solely responsible for any breach of this Agreement and its consequences.

D) Technical difficulties leading to data loss or interruptions are unforeseeable, and we disclaim responsibility for such issues.

E) If you provide a mobile or residential number, you warrant ownership or have express permission. You consent to us calling or texting provided numbers for account-related messages.

F) Using the Service unlawfully or inconsistently with laws and regulations is strictly prohibited.

G) The Service must not be used for distributing objectionable material or any content deemed objectionable by us.

H) Unauthorized user access to the Service is strictly prohibited.

I) Exporting software or data in violation of U.S. laws is not allowed.

J) Selling, copying, duplicating, or any unauthorized use of the Service is strictly prohibited.

K) Removing proprietary notices from the Service is not allowed.

L) Using the Service beyond permitted purposes is strictly prohibited.

M) Framing the Service or using framing techniques is not allowed.

N) Collecting data through automated means is strictly prohibited.

O) Providing false information to register as a user is not allowed.

P) Posting hyperlinks to commercial services or sites is strictly prohibited.

Q) Impersonating any person or entity is not allowed.

R) Collecting personal data for commercial purposes is strictly prohibited.

S) Posting irrelevant content, repeating content, or imposing an unreasonable load on infrastructure is strictly prohibited.

T) Attempting unauthorized access or disrupting the Service is strictly prohibited.

U) Posting certain types of content, like spam, is not allowed unless explicitly authorized.

V) Creating multiple user accounts for financial gain is strictly prohibited.

Products

We value the quality of our Products and strive for precision in our descriptions. Nonetheless, we do not guarantee that our Product descriptions are entirely accurate, comprehensive, reliable, current, or free from errors. If a Product does not match its description, your exclusive recourse is to return it in unused condition for a complete refund (subject to eligibility criteria, e.g., sales for live interactive offerings are considered final). Unless explicitly stated otherwise, the price exhibited for Products represents the full retail price and excludes any applicable sales or other taxes that may be mandatory for us to collect.

There is absolutely not guarantee of success. While our methods are tried, true, and have worked in multiple settings, there is not guarantee any part of our content will work for you or your team.

Rights Reservations and Access to Service / The Site

A) We hereby provide you with a personal, worldwide, non-assignable, and non-exclusive privilege to access and utilize the Service as explicitly permitted by the Agreement. Additionally, we grant you a limited, revocable, and non-exclusive authorization to establish a hyperlink to the Site or its subdomains, ensuring that the link does not present us, our affiliates, or the products or services offered by us or our affiliates in a false, misleading, derogatory, or otherwise objectionable manner, as determined solely by us. You are prohibited from assigning (or sub-licensing) your rights to use the Service, creating a security interest in or over your rights to use the Service, or transferring any part of your rights to use the Service. Any such attempt will be deemed null and void.

B) All rights, title, and interest in and to the Service that are not expressly granted to you under this Agreement are reserved by us. No implied licenses are conferred under this Agreement.

User Information & Content

A) You recognize that all information, such as data files, written text, computer software, music, audio files, or other sounds, photographs, videos, or images, to which you may have access as part of the Service or through its use, is the sole responsibility of the individual or entity from whom the User Content originated. This collective information is referred to as "User Content."

B) It is acknowledged that User Content presented to you through the Service may be protected by intellectual property rights owned by the individuals and/or entities providing such User Content to us or by other individuals or companies acting on their behalf. Unless expressly informed in writing by us or the owners of the User Content, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this User Content, either in whole or in part.

C) We retain the right (without any obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all User Content.

D) By using the Service, you comprehend that you may encounter User Content that you find offensive, indecent, or objectionable, and, in this regard, you utilize the Service at your own risk.

E) You agree that you are exclusively responsible for any User Content you create, transmit, or display while using the Service. Moreover, you acknowledge that we bear no responsibility to you or any third party for such User Content or the consequences of your actions, including any resulting loss or damage that we may incur.

Intellectual Property & the Like

A) You acknowledge and consent that we possess, or, where required, appropriate, or applicable, have licensed, all rights, title, and interest in and to the Site, encompassing features, materials, opportunities, and services provided on or through the Site. This includes all information, text, data, graphics, Product images, sound recordings, audio and visual clips, logos, software, and other materials therein, along with the compilation, collection, design, selection, and arrangement (collectively, the “Content”). It is recognized that the Content constitutes valuable proprietary information safeguarded by applicable intellectual property, proprietary rights, laws, and treaties of the United States and other countries. By accessing and using the Site and the Content, you do not acquire any ownership interest. Intellectual property and proprietary rights may include patents, copyrights, trademarks, service marks, registered trademarks, service marks, trade dress protection, trade secrets, and all such rights are and will remain the property of us or our licensors and content providers. Reproduction, modification, copying, framing, publishing, displaying, posting, transmitting, downloading, selling, creating derivative works, or distributing any Content, or any portion thereof, is prohibited without our express prior written permission, except as indicated within these terms.

B) All Aileron Group, LLC and Nathan Bussberg brands are trademarks owned by Aileron Group, LLC and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Additionally, page headers, custom graphics, button icons, and scripts are service marks, trademarks, or trade dress of Aileron or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Trademarks, product names, and company names and logos displayed on the Site belonging to their respective owners are protected by intellectual property laws.

C) In compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), procedures for receiving written notifications of claimed copyright infringement and processing such claims have been implemented. If you believe a copyright is being infringed by a user of the Site, submit written notice to our designated agent for notice of claims of copyright infringement by emailing info@ailerongrp.com

D) Your written notice must:

• Contain your physical or electronic signature.

• Identify the allegedly infringing material with sufficient precision to allow us to locate it.

• Include adequate information for us to contact you.

• State that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law.

• Assert that the information in the written notice is accurate.

Rights you Grant Us

A) You maintain the copyright and any other rights already possessed in User Content submitted, posted, or displayed on or through the Service.

B) By submitting, posting, or displaying User Content, you grant us a worldwide, perpetual, fully sublicensable, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, and otherwise exploit any User Content submitted or posted on or through the Service, in any manner or media, now known or hereafter developed.

C) Participation in any public forums related to the Service grants us the right to: (i) record your voice using recording technology (deemed "Recordings"); (ii) edit such Recordings at our discretion; and (iii) use Recordings, along with your name, photographs, and likenesses, in connection with the Service, our general business purposes, and all related uses, advertising, and publicity, across all media, known or developed in the future, throughout the world, perpetually.

D) Your feedback, suggestions, or ideas may be used in future modifications of the Service, other products or services, advertising, or marketing materials. You provide us with a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty-free license to use your feedback in any way.

E) Aileron requests that you refrain from submitting confidential and/or proprietary ideas, suggestions, or information. If submitted, Suggestions become the exclusive property of Aileron, and you acknowledge Aileron's right to use them without obligation of confidentiality or nondisclosure.

F) You acknowledge that we are not responsible for protecting or enforcing any intellectual property rights granted by you to us, and we have no obligation to do so on your behalf.

G) Regarding User Content submitted via the Service, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such User Content in line with the Service and this Agreement. You agree not to submit material subject to third-party proprietary rights without proper ownership or permission.

H) You understand that we may (i) transmit or distribute your User Content over public networks and in various media; and (ii) make changes to your User Content as necessary for technical requirements. This license permits us to take these actions.

I) You represent and warrant that you have all the rights, capacity, power, and authority necessary to grant all the licenses mentioned above.

Privacy Policies

To understand our data protection practices, please refer to our privacy policy. This document outlines how we handle your personal information and safeguard your privacy during your use of the Service. Your agreement to the use of your data is in accordance with our privacy policy.

Changes to Agreement

We reserve the right to change, amend, or modify this Agreement, either wholly or partially, at any time, with or without notice. You acknowledge and agree that such changes become effective upon posting on the Service or as otherwise communicated by us. Additional rules and policies related to the Service may be posted or notified to you, becoming integral parts of this Agreement. Your use of the Service after any changes signifies your acceptance and commitment to comply with them. We will update and timestamp each update.

Release and Indemnification

You agree to release, indemnify, and hold us and our affiliates, directors, officers, employees, agents, and third-party licensors harmless from liabilities, losses, damages, claims, and expenses, including attorneys' fees, related to your use of the Service, violation of this Agreement, the Recordings, and any User Content you make available through the Service. This section survives the termination of this Agreement.

No Guarantees or Warranties

The Service is provided on an "as-is" and "as-available" basis, without any warranty or representation. We disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to merchantability, title, non-infringement, quality, and fitness for a particular purpose. We do not warrant the accuracy, reliability, or completeness of any information provided in connection with your use of the Service. Your download of material through the Service is at your own discretion and risk. There is absolutely zero guarantee for success for the use of any of our programs.

Liability Disclaimer

To the fullest extent permitted by law, we, our affiliates, and their directors, officers, employees, agents, or third-party licensors shall not be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages or losses arising from or related to this Agreement, the Service, or any interactions with us. This limitation of liability applies to various scenarios, including use or misuse of the Service, inability to use the Service, interruption or termination of the Service, or deletion/corruption of data.

California Waiver

California residents waive California Civil Code 1542, stating that a general release does not extend to claims unknown or unsuspected to exist in their favor at the time of executing the release.

Term and Termination

This Agreement is effective until terminated by us or you. We can terminate it at any time without notice if you fail to comply with any material provision. You may terminate it by deleting your user account and discontinuing use of the Service. Upon termination, you must cease using the Service.

Governing Law and Venue for Disputes

DISPUTE RESOLUTION; ARBITRATION; CHOICE OF LAW

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

A. You agree that by using the Site, Content, any Service, or any Products, you are waiving the right to a court or jury trial or to participate in a class action. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class, representative, or collective proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

B. You agree that any and all claims and disputes arising from or relating in any way to the subject matter of these terms, your use of the Service, or your and our dealings with one another shall be finally settled and resolved through binding individual arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. The arbitration will be conducted by Judicial Arbiter Group, Inc. (“JAG”) using one arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAG arbitrators in accordance with the arbitration rules and procedures of JAG. If JAG is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and we agree upon in writing or that is appointed pursuant to Section 5 of the Federal Arbitration Act. For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and we must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Indianapolis, Indiana. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

C. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. Neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. You understand and agree that by agreeing to resolve any dispute through individual arbitration, you are each waiving the right to a court or jury trial. Any dispute shall be arbitrated on an individual basis and not as a class action, representative action, class arbitration, or any similar proceeding. The arbitrator may not consolidate the claims of multiple parties.

D. Any cause of action or claim you may have arising out of or relating in any way to these terms of use, your use of the Service, any products, or your and our dealings with one another must be commenced in arbitration within two (2) years after the cause of action accrues. After that two (2)-year period, such cause of action or claim is permanently barred. Some jurisdictions do not allow time limitations other than those set forth in such state’s statute of limitations laws. In such cases, the applicable statute of limitations provided for under the laws of such state shall apply.

E. You agree that all challenges to the validity and applicability of the arbitration provision—i.e. whether a particular claim or dispute is subject to arbitration—shall be determined by the arbitrator. Notwithstanding any provision in these terms to the contrary, if the class-action waiver above is deemed invalid or unenforceable, you agree that you shall not seek to, and waive any right to, arbitrate class or collective claims. If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in Indianapolis Indiana, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these terms. This arbitration agreement will survive termination of your use of the Service and your relationship with us. This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.

F. If you wish to opt-out of the agreement to arbitrate, within 45 days of when you first use the Service or submit through the Service a request for information, you must send us a letter stating “Request to Opt-Out of Agreement to Arbitrate” at email info@ailerongrp.com. In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state or Federal courts in the State of Indiana, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. These terms will be governed by the laws of the State of Indiana, without giving effect to any principles of conflicts of laws.

Severability

If any provision of this Agreement is found to be invalid, unenforceable, or contrary to applicable law, that provision will be interpreted, limited, or modified as necessary to eliminate the invalidity, unenforceability, or conflict with the law, and all other provisions of this Agreement will remain in full force and effect.

No Assignment, Sublicense, or Transfer

You are not permitted to assign, sublicense, or transfer this Agreement or any of its rights or obligations without our prior written consent. Any attempt to do so will be deemed null and void, and we reserve the right to immediately terminate this Agreement at our sole discretion.

Communications by Us

You consent to receive electronic communications from us, which may include emails, notices posted on the Service, and other forms of communication. All electronic communications from us will satisfy any legal requirement for written communication, and they will be binding and enforceable as terms or amendments to this Agreement, to the extent intended.

Entire Agreement

This Agreement constitutes the entire understanding and agreement between the parties regarding its subject matter. All provisions that should survive the termination of this Agreement will continue to remain in effect upon expiration. Any waiver or promise not to enforce a right under this Agreement must be in writing and signed by the waiving party. No vendor, distributor, dealer, retailer, agent, salesperson, or any other person is authorized by us to modify this Agreement or make any warranties, representations, or promises different from or in addition to those expressly set forth in this Agreement.