Terms

Agreement between user and Richard Pickett .com

Welcome to https://RichardPickett.com. The https://RichardPickett.com website (the “Site”) is comprised of various web pages operated by Richard Pickett. https://RichardPickett.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://RichardPickett.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

1. Privacy

Your use of https://RichardPickett.com is subject to Site’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Any use of Site outside the Terms will result in immediate termination of all access, and cancellation of any agreement, written or otherwise, between Site and user.

2. Disclaimer

Any reference or income examples of my businesses and/or the examples of others are exceptional results, which do not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. No income claims, promises, predictions or guarantees are being made of any kind. Every business or marketing venture involves some degree of risk. Ultimately it is up to you to decide what is right for you. Every effort has been made to accurately represent our product(s) and its potential. Any claims made or examples given are believed to be accurate, however, should not be relied on in any way in making a decision whether or not to purchase. Each individual’s success depends on his or her background, dedication, desire and motivation–as well as other factors not always known and sometimes beyond your control.

3. Electronic Communications

Visiting https://RichardPickett.com or sending emails to Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

3.1. List Management

Site operates a contact list for the purpose of distributing information, sales, and marketing. Site implements a double-opt-in function to ensure all email address on it’s contact list have consented to receiving emails from Site. Purchased or rented lists, or list obtained by any means other than double-opt-in are not used by Site. Site provides both an unsubscribe link on each email as well as a contact form through which list removal may be requested. As specified in CAN SPAM, Site will remove any email address making such request within 10 business days of said request. Site also provides a physical address within Terms as well as at the bottom of each email to facilitate contact if needed.

3.2. List Management Services

Site provides List Management and Email Marketing as services. All users of these Services agree to abide by the same Terms and Privacy Policy and implement the same List Management controls in use of Services.

4. Your account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Site is not responsible for third party access to your account that results from theft or misappropriation of your account. Site and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Site does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://RichardPickett.com only with permission of a parent or guardian.

5. Cancellation/Refund Policy

You may cancel your subscription at any time. Your cancellation will be immediate and irrevocable. Because services are rendered on an on-going basis they are not qualified for a refund.

6. Links to third party sites/Third party services

https://RichardPickett.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Site and Site is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Site is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Site of the site or any association with its operators.

Certain services made available via https://RichardPickett.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://RichardPickett.com domain, you hereby acknowledge and consent that Site may share such information and data with any third party with whom Site has a contractual relationship to provide the requested product, service or functionality on behalf of http://RichardPickett.com users and customers.

7. No unlawful or prohibited use/Intellectual Property

You may not use Site for any purpose which is illegal as determined by the laws applicable to your locality, laws applicable where Site is operated, and laws applicable where Site is accessed.

Additionally, Site may not be used to promote or display violence, unkind or abusive content, or the vices of humanity, such as smoking, drinking, or gambling.

You are granted a non-exclusive, non-transferable, revocable license to access and use https://RichardPickett.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Site that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Site or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Site content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Site and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Site or our licensors except as expressly authorized by these Terms.

7.1 Ownership of Rights

No right, title, or interest in and to our Services or any of the materials on or made available via our Services is transferred to you as a result of you accessing or using such materials. Personal Excellence and its licensors retain all rights in, title to, interest in, and ownership of (including all intellectual property rights in and to) all our Services, materials on or made available via our Services, Terms, Privacy Policy, and Confidential Information (collectively, “Intellectual Property”). All rights not expressly granted to you in these Terms are reserved by Personal Excellence.

7.2 Free Content

As a visitor, you are authorized to access and use our Website and Free Content for your informational use, subject to these Terms. In addition, you are granted a personal, non-sublicensable, non-exclusive, revocable, and limited license to (a) distribute and reproduce; or (b) create derivative works of our Free Content, subject to the terms in this Agreement and the following terms:

  1. The platform you are reproducing our Free Content on does not have any unlawful or objectionable content;
  2. You must provide (a) clear attribution to Personal Excellence by name and (b) a visible and human- and machine-followable link back to RichardPickett.com (or the URL the content is taken from our Website) on all places where our Free Content is used;
  3. For downloadable resources, please link to our webpage where the resource can be found. Do not link directly to the resource. Do not hotlink any images on our articles, but upload them to your server. When sharing our free videos, please embed them directly from our YouTube channel; do not upload our videos anywhere.
  4. You may create derivative works of our Free Content, subject to these Terms, provided that they stay true to the message of the Free Content. For example, you may translate one of our articles to another language provided that the translation is true to the message of the article. You may not use our material for satire, to spread hate, or in any way not true to the intent or purpose of the content.
  5. You agree not to:
    1. remove, obscure, or alter any watermark or copyright notices;
    2. resell, lease, rent, or sublicense our Free Content;
    3. frame or utilize framing techniques to enclose our Website or Free Content; or
    4. reproduce our Free Content in an unreasonable way as determined by Site.
  6. While we are fairly flexible in allowing others to use our free content, please do not copy and paste an unreasonable number of our articles (more than 10) on your website. You may not aggregate our RSS feed and by extension, our content, as part of another blog. This includes the use of any robot, spider, crawler, scraper, or other automated means or interfaces not provided by us to access or extract our content.
  7. You may not: present our Free Content in a way that looks like you have a relationship with us or that we have endorsed you for any purpose.
  8. This license does not apply to the intellectual property of any third party, such as images not created by Personal Excellence. Please contact the respective owners for their permission.

7.3. Site Design

You may not copy our Site Design in any way. “Site Design” means, without limitation, our HTML code, CSS, logo, look and feel of our Website, and graphics. You shall not: extract or reverse engineer any part of our Site Design; create derivative works of our Site Design; or create another website with a similar look and feel as our Website.

7.4. Premium Products, Live Courses, 1-1 Coaching.

When you purchase access to our Premium Products, Live Courses, or 1-1 Coaching, you are granted a personal, non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, and limited license to access and use the product or service you purchase, subject to these Terms and the following terms:

  1. Only for Intended, Personal Use.  This license is for the sole purpose of enabling you to benefit from our products or services as intended by us, and is meant for your personal, non-commercial use. For example, if you purchase access to our Anti-Procrastination Course, the intended use is to use the program to address procrastination and improve your productivity, not to study the materials and extract information for your own product or service. You may not use our materials to get ideas, content, techniques, or information for your product, service, or business, or for any purpose not set forth in these Terms.
  2. No Sharing; Non-Transferable. You may not: (a) share the materials made available via our product or service in part or in whole, or (b) share your access with anyone. This includes but is not limited to worksheets, slides, audio content, video content, and account access. Users who wish to access or use the materials must purchase their own access to our products or services from Personal Excellence, subject to these Terms.
  3. Protect Your Account. For purchases that come with an account access, you agree to protect your account and account information from any unauthorized access. Notify us immediately if you suspect there is a security breach related to your account.
  4. No Distribution, Reverse Engineering, or Derivative Works. You may not: (a) copy, distribute, transmit, reproduce, publish, upload, email, publicly perform, or publicly display; (b) reverse engineer, decompile, or disassemble; or (c) modify, extract, translate, adapt, or create derivative works of any of the product or service or any of the information or materials in or made available via the product or service.
  5. No Recording or Downloading. You may not record or download any of the materials unless expressly permitted. For example:
    1. For our Premium Products, you may not use software or scripts to record or download videos in the course portal that have not been permitted for downloading.
    2. For our Live Courses and 1-1 Coaching, you may not record any of the live sessions or 1-1 calls, in any manner (whether by video or audio recording, screen capture, or other forms of recording), in part or in whole.
  6. No Reselling, Leasing, Renting, or Sublicensing. Your purchased access is for your use only. You may not resell, lease, rent, or sublicense our product or service or access to our product or service, in part or in whole.
  7. No Other Rights. Except for the express rights contained in these Terms, Personal Excellence grants you no other rights or licenses (whether express, implied, by virtue of estoppel or exhaustion, or otherwise) to our Intellectual Property.

8. International Users

The Service is controlled, operated and administered by Site from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site Content accessed through http://RichardPickett.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

9. Indemnification

You agree to indemnify, defend and hold harmless Site, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Site reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Site in asserting any available defenses.

10. Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RICHARD PICKETT.COM, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

RICHARD PICKETT .COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. RICHARD PICKETT .COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RICHARD PICKETT .COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RICHARD PICKETT .COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

11. Termination/access restriction

Site reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee and you hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Site as a result of this agreement or use of the Site. Site’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Site’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Site with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Site with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Site with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

12. Changes to Terms

Site reserves the right, in its sole discretion, to change the Terms under which https://RichardPickett.com is offered. The most current version of the Terms will supersede all previous versions. Site encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Site welcomes your questions or comments regarding the Terms:

Richard Pickett .com
2000 Mallory Ln Ste 130-323
Franklin, TN 37067

Email Address:
Richard@RichardPickett.com

Telephone number:
(832) 303-9154

Effective as of May 15, 2012
Updated Nov 21, 2018