Terms & Conditions
Ardent Acumen LLC
Last updated: June 28, 2023
These Terms & Conditions (“Terms”) govern all use of Ardent Acumen LLC’s (“Company” “we” “us” “our”) websites:
and any portions of third-party websites that are exclusive to the Company (e.g., a community- or course-hosting platform). “Websites” refers to the Company’s websites and applicable portions of third-party websites. These Terms govern content, services, and products (collectively “Services”) available free or paid through the Company.
Please read these Terms carefully before using the Websites and before making use of or any purchases of Services. These Terms apply to all visitors, users, and others who access or use the Websites or Services. “Customer”, “you”, “User”, and “your” refers to you, the person accessing our Websites or using or purchasing our Services.
Accessing the Websites or Services, in any manner, whether automated or otherwise, constitutes use of the Websites or Services and your agreement to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Websites or Services.
If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
Any use or access by anyone under the age of 13 is prohibited. Certain Services may have additional requirements and/or restrictions.
All rights not expressly granted to you under these Terms are reserved to the Company.
-
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the Websites, email notification, another method, or combination of methods. In all cases, your continued use of the Websites and Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
-
The Websites allows you to access to some Services for a fee as well as access some Services without a fee. When Services are purchased, the purchase is intended to be used only by one person, unless specified otherwise. You are not allowed to share your purchase and/or provide access to such purchase to a third party. We may at our sole discretion engage third-party service providers from time to time to provide certain Services.
-
We will provide User support services via electronic mail. If you experience any difficulties using our Websites or Services please notify us via email at katie “at” ardentacumen.com. We will not be liable or in any way responsible for your own technical issues, internet speed, and other access/device/location matters. We reserve the right to solely determine whether such difficulty exists on our side.
-
The Company’s Privacy Statement explains how and why we collect, use, and share information about you when you access or use our Websites and Services. You understand that through your use of the Websites and Services, you consent to the collection and use of this information as set forth in the Privacy Statement.
-
In case our Websites or Services enable you to access them via a login, you agree that you will access, and/or use only one user account, unless expressly permitted by us. You may not use a username that: (1) belongs to someone else; (2) impersonates another person; (3) is misleading; (4) violates any intellectual property or other proprietary rights; (5) is vulgar or offensive; or (6) we reject, which we may choose to do in our discretion. All information you provide in your profile must be accurate. You agree not to: (1) circumvent, disable, or otherwise interfere with security-related features of the Websites; (2) disparage, tarnish, or otherwise harm, in our opinion, Websites and/or the Services; (3) use the Websites or Services in a manner inconsistent with any applicable laws or regulations; (4) interfere with, disrupt, or create an undue burden on the Websites or Services or the networks or services connected to them; (5) share access to our Services with a third party (unless otherwise permitted by us separately in writing); (6) attempt to bypass any measures of the Websites designed to prevent or restrict access to the Services, or any portion of the Websites.
-
In case our Websites or Services enable you to share your content you agree not to post or send (e.g., via messaging features) any prohibited content. Prohibited content includes content that is: (1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement of the intellectual property rights of any third party; (3) illegal in any way or that advocates illegal activity; (4) an advertisement or solicitation of funds, goods, or services; (5) content that violates a written code of conduct, user agreement, or other contract that is specific to a Service offered by the Company.
-
We offer paid Services for a fee. You are responsible for paying all fees charged by us and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. When you make a purchase, you agree not to use an invalid or unauthorized payment method. We reserve the right to disable access to any Service for which we have not received adequate payment. Unless otherwise stated, all fees are quoted in U.S. dollars. You are solely responsible for any sales, value-added, withholding, or similar taxes that apply to your purchase, whether domestic or foreign. You can purchase our Services via credit card or other electronic means. If you choose to pay electronically you authorize us to charge your credit card or bank account or other account for an amount of Service’s applicable fee. By purchasing any Services using an electronic means, you hereby consent and agree to abide by such third-party payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. Refund and cancellation policies are specific to each Service at the time of purchase and are detailed before the point of sale. Other terms such as promotional rates, subscription options, payment plans, or other options applicable to the purchase of a specific Service are also detailed before the point of sale.
-
Unless otherwise indicated, the Websites and Services are our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the Websites and Services and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in various jurisdictions including EU and US, international copyright laws, and international conventions. ALL rights reserved. No part of the Websites or Services may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from the Company.
-
Using our Websites or Services does not give you the ownership of or any intellectual property rights in our Websites or Services. Subject to these Terms and our policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Websites and Services. You may use our Websites and Services only for your personal, non-commercial use, unless you obtain our written permission to otherwise use the Websites and Services. You agree you will not lease, sell, grant, or otherwise exploit our Websites and Services in a way prohibited by these Terms. You agree you will not modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Websites or Services.
You may establish a hypertext link to the Websites so long as the link does not state or imply any sponsorship of your site by us or by the Websites. However, you may not, without our prior written permission, frame or inline link any of the content of the Websites or Services, or incorporate into another website or other service any of our material, content, or intellectual property.
-
You hereby represent and warrant to the Company that you own all right, title, and interest in and to any information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”) that you provide or upload to the Websites or Services, or that you have sufficient rights, whether by implication, estoppel, or otherwise, to grant the Company the rights.
By submitting Content to us via the Websites, you are representing: (1) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (2) that you are eighteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name or email address, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
You will indemnify, defend, and hold harmless the Company and its affiliates from any and all third-party claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees and court costs) that result from a breach or alleged breach of any representation or warranty.
-
If you believe that material located on or linked to by Websites or Services violates your copyright, you are encouraged to notify the Company at the contact information displayed at the end of these Terms. Please provide the following information: (1) the identity of the infringed work, and the identity and location of the of the allegedly infringing work; (2) your name, address, daytime phone number, and e-mail address; (3) a statement that you have a good-faith belief that the use of the allegedly infringing work is not authorized by the copyright owner, their agent, or the law; (4) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed; and (5) your electronic or physical signature.
The Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Company will terminate a user's access to and use of the Website and/or Services if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights. In the case of such termination, the Company will have no obligation to provide a refund of any amounts previously paid to the Company.
-
Throughout the Websites and Services, we may provide links and pointers to websites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Websites or Services or on websites linked to by us on the Websites or in the Services. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Company. Neither Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Websites by anyone other than an authorized Company representative while acting in his/her official capacity.
The owner(s), member(s), and employee(s) of Ardent Acumen are not doctors, professional healthcare providers, or licensed therapists. By accepting Ardent Acumen’s services, you agree not to use any information given to you as medical advice to treat any medical condition in either yourself or others. You must not rely on the information/materials provided by Ardent Acumen or on any of its affiliated websites as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter, including any mental health issues, you should consult your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, including mental health issues, you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information Ardent Acumen provides or makes available to you.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITES AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITES OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITES OR MATERIALS ON THE WEBSITES OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless Company its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
-
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITES, ANY MATERIALS, PRODUCTS, OR SERVICES, OR WITH ANY OF THE WEBSITES’ TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES AND THE SERVICES. THE WEBSITES AND SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THEIR ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
You acknowledge and agree that no representation has been made by Company or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase Services on the Websites. All links are for information purposes only and are not warranted for content, accuracy, or any other implied or explicit purpose.
-
The Company may terminate your access to all or any part of the Website and/or Services at any time, with or without cause, with or without notice, effective immediately. You can stop using our Website and Services at any time. You may delete your user account by using Website features, if applicable.
-
You agree to indemnify, defend and hold harmless Company and its affiliates, and their respective licensors and service providers, and all officers, directors, owners, agents, or licensors of any of the foregoing (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorney’ fees, sustained by any of the Indemnified Parties in connection with any claim arising out of your use of our Websites or Services, or any breach by you of these Terms. Under no circumstances shall we be liable for any amount exceeding the fee paid for the Services.
-
If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have in accordance with these Terms or granted by law.
-
These Terms shall be governed by the laws of the State of Colorado, without giving effect to any conflict of laws principles. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in Denver, Colorado. In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.
-
The Terms together with the Privacy Policy constitute the sole and entire agreement between you and us regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.
Specific Services are governed by these Terms, the Privacy Policy, and any additional written agreement(s) made at the time of use or purchase of specific Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
-
These Terms shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither these Terms nor any rights hereunder may be assigned without the prior written consent of Company. Notwithstanding the foregoing, all rights and obligations under these Terms may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.
-
For questions or clarifications regarding these Terms and/or any other matters related to our Websites or Services, please write to us at:
Ardent Acumen LLC
295 Beryl Way
Broomfield, CO 80020