TERMS OF USE
Use of the web site https://www.powerfulyouacademy.com/ (the “Site”) and its contents is subject to the following terms and conditions. By using the Site, or by clicking the “I agree” checkbox, you accept and agree to be legally bound by these Terms of Use, whether or not you are a registered member of the Site. If any of these Terms of Use is unacceptable to you, do not use the Site.

The Site is operated by Anna Burgess, the founder and CEO of "Powerful You Academy" (“Powerful You Academy”) in support of its mission to educate and to disseminate knowledge and information. As used in these Terms of Use, the terms “we,” “us” and “our” refer to Powerful You Academy.

1. Changes to terms of use are binding
We may change these Terms of Use from time to time without advance notice. Your use of the Site or any of its content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use from time to time for any changes.

2. Copyright and other protection

The Site and the video material, audio material, text, images, graphics and other content available on the Site (collectively, the “Content”) are protected by copyright, trademark and other laws. The Content consists in part of a series of videos, videos and reading material of Powerful You Academy courses (the “Course content”). We or others own the copyright and other rights in the Site and the Content. You may use the Site and the Content only in the manner and for the purposes specified in these Terms of Use.

3. Use of the Site and Content—permissions and restrictions

You may only make noncommercial uses of the Site and the Content. You may access the Course Content for your own personal use. In addition, you may download any Course Content for which a downloading option. You may not retransmit, publish, distribute, display or otherwise make available any of the Course Videos or other Content to others. In no event may you alter or modify the Course Videos or any other Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content. You agree to retain all copyright and other notices on any Content you obtain from the Site.

4. Fair use and other lawful uses.
Nothing in Section 3 above is intended to restrict you from making uses of Course Content that, in the absence of permission granted under these Terms of Use, would not infringe or violate Powerful You Academy or anyone else’s copyright, trademark, or other rights.

5. Reserved rights; no violation of law or others’ rights.

All rights in the Site and the Content that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights.

6. User accounts; account termination policy

The Site users can register and establish an account. If you register, you agree to provide accurate and complete information when creating or updating your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify us immediately of any unauthorized use of your account or other breach of security. You may not use another’s account without permission. We will terminate your account in appropriate circumstances if you are determined to be a repeat infringer. We also may terminate your account if you violate any provision of these Terms of Use or fail to comply with our requests concerning your account.

7. User submissions and rules of conduct.
Account holders will be able to participate in online discussion forums and to submit or post comments, profiles and/or other content on the Site (collectively, “User Content”). You are solely responsible for any User Content you post or submit to the Site, and for the consequences of posting or submitting it. By posting or submitting User Content to the Site, you grant us a nonexclusive, worldwide, irrevocable, fully paid, perpetual license to use, reproduce, prepare derivative works of, distribute, display, perform, and otherwise make available your User Content in connection with the Site and for our broader educational purposes, including without limitation for promoting or redistributing part or all of the Site (and derivative works thereof) in any manner or media, and to authorize others to do the foregoing. By posting or submitting User Content to the Site, you represent and warrant that you have the right to grant us the foregoing rights, and that neither your User Content nor our use of it as permitted under the foregoing license will infringe or violate anyone’s rights.

You agree not to submit or post any content, or engage in any other activity in connection with the Site, that:

(a) Infringes anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity

(b) Violates any law or regulation
(c) Is intentionally false or misleading

(d) Defames, threatens, or harasses anyone

(e) Is harmful, dangerous, abusive, or offensive

(f) Is obscene or contains pornography

(g) Contains or utilizes any computer virus, other malicious code, or program that may damage or interfere with the operation of any

system, or may unlawfully intercept any data or personal information

(h) Contains or consists of advertising or any form of commercial solicitation or activity

(i) Otherwise interferes with the functioning of the Site or other users’ use or enjoyment of the Site

Although we will have no obligation to monitor or take action with respect to User Content, we reserve the right to remove any User Content that we believe violates the above standards or any other provision of these Terms of Use, and to terminate the applicable user’s account and right to use the Site, in addition to any other rights or remedies available to us. We do not approve or endorse any User Content, and you agree that we will have no responsibility or liability in connection with your use of any User Content.

8. Disclaimer of warranties

THE SITE AND THE CONTENT ARE PROVIDED “AS IS.”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR COLLABORATORS, LICENSORS, CONTENT PROVIDERS AND DISTRIBUTORS (COLLECTIVELY, OTHER THAN PROVIDERS OF USER CONTENT, OUR “COLLABORATORS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR COLLABORATORS MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY USER CONTENT OR CONTENT PROVIDED BY OTHERS. NEITHER WE NOR OUR COLLABORATORS WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

9. Limitations of liability and remedies
WE MAKE THE SITE AND THE CONTENT AVAILABLE AT A FEE. YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN SOLE RISK. IN NO EVENT SHALL WE OR OUR COLLABORATORS BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF USE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHE. PROVISIONS OF THESE TERMS OF USE, WE OR OUR COLLABORATORS ARE FOUND LIABLE TO YOU (IN CONTRACT, TORT OR OTHERWISE) FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF USE, OUR LIABILITY AND THE LIABILITY OF OUR COLLABORATORS SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50) IN AGGREGATE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnity

You agree to indemnify and hold harmless Powerful You Academy and our Collaborators, and our and their respective officers, fellows, governing board members, directors, employees, and agents, from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Site or any of the Content, your provision of any User Content, and/or your failure to comply with any provision of these Terms of Use.

11. Links to other sites
Links on the Site to third-party web sites are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.

12. Trademarks

Nothing in these Terms of Use or on the Site will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed on the Site. You agree not to use or register any name, logo, or insignia of Powerful You Academy
or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.

13. Copyright complaints

We respect the intellectual property rights of others. If you believe your copyright has been violated on the Site, please notify us, where you will find the contact information for our designated agent under the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3) for further information). That contact information pertains only to notifications of claimed infringement. Please direct all other communications concerning the Site to [email protected]

14. Applicable law and jurisdiction; access from outside
The Site is controlled and operated from our facilities in and around Long Island, Nassau County, New York. These Terms of Use, and any claim or dispute that arises from or relates to your use of the Site or the Content, will be governed by the laws of the state of New York, without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in Nassau County, New York. You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). If you choose to access our website from locations other than New York, you will be responsible for compliance with all local laws of those other locations.

15. Termination; discontinuation of Site or elements.
The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless we otherwise specifically agree in writing, but the other provisions of these Terms of Use will survive any such termination. We reserve the right at any time in our sole discretion to cease providing any Content, to change or discontinue any aspect or element of the Site, or to cease making the Site available.

16. Eligibility

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully competent to use the Site and to enter into and comply with these Terms of Use. In any case, you affirm that you are at least 13 years of age, as the Site is not intended for children who are under 13 years of age. Use of the Site by anyone under 13 years of age is not authorized.

17. GENERAL PROVISIONS
(a)Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions.
(b)Assignment
Your rights under these Terms of Use are personal, nonexclusive and nontransferable.
(c) Headings.
Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use.
(d) Waiver
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits.
(e) Changes of terms
We may change these Terms of Use from time to time without advance notice. Your use of the Site or any of the Content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.


Additional EEA Privacy Disclosures (GDPR)

Effective Date: September 22, 2020

Last Updated:

The following EEA privacy disclosures (the “Disclosures”) provide information about the collection, use, processing and sharing of data about individuals located in the European Union, Iceland, Liechtenstein or Norway (the “European Economic Area” or “EEA”).

In these Disclosures,

· “GDPR” means the European Union’s General Data Protection Regulation;

· “Personal Data” means information that relates to an individual who is directly or indirectly identified or identifiable; and

· “EEA Processing Activities” means the collection, use, processing or sharing of Personal Data when those activities are within the scope of the GDPR.

These Disclosures apply only to the use of Personal Data in EEA Processing Activities. Further, these Disclosures apply only to the Powerful You Academy. In these Disclosures the words “we” or “our” refer to Powerful You Academy. In some cases a Powerful You Academy may provide other information about its EEA Processing Activities in its own supplemental or separate disclosures.These Disclosures apply to EEA Processing Activities by any means, including hardcopy (such as paper applications or forms) and electronic means (such as websites and mobile applications).

1. How We Collect and Use Personal Data
We collect several categories of Personal Data in circumstances that may involve EEA Processing Activities, including data you provide, data collected automatically (potentially including location data), and data we obtain from third party sources.

We use the Personal Data that we collect to carry on various educational activities. As described in more detail below, we rely on a number of legal bases to lawfully process your Personal Data.

The ways in which we collect and use your data vary depending on the relationship between you and us, as well as the Powerful You Academy with which you interact. The following sections of these Disclosures describe in more detail how we collect and use Personal Data in various circumstances that may involve EEA Processing Activities. Please note that, depending on the situation, some of the processing of Personal Data we do in the various circumstances described below may not fall within the scope of the GDPR.

(a) Personal Data We Obtain from You

Website

As is true of most digital platforms, we gather certain data automatically when you use one of our website, such as your IP address, browser type and device type. Certain web-forms also collect Personal Data you provide, for example when you enter the data into form fields on a feedback page. If we also process data through our websites or mobile applications. We and our third-party vendors collect Personal Data for the primary purposes of conducting analytics, responding to your requests and providing you with relevant information.

Admission

We collect and use various kinds of Personal Data when you apply for admission to a program or course offered by us. The primary source of these data is your application. The Personal Data collected by us, or on our behalf, during the admissions process is collected for the primary purposes of considering your admission to the relevant program or course, evaluating your eligibility for financial aid, if applicable.

Employees and Job Applicants

We collect your Personal Data when you apply to work for us. Further Personal Data collection occurs at hiring and throughout your relationship with us. The Personal Data collected by us, or on our behalf, are collected for the primary purpose of providing employment or enabling authorized persons to utilize our services and facilities.

Educational Programs Conducted in the EEA

We conduct certain educational programs in the EEA, among others, and collect Personal Data as part of our administration of these offerings. The Personal Data collected by us, or on our behalf, are collected for the primary purpose of providing educational offerings and, if applicable, evaluating qualification for certificates and credit.

2. Personal Data We Obtain from Third Party Sources

As part of our EEA Processing Activities, we may obtain certain Personal Data about you from third party sources, which we may use for the purposes and in the ways described in “How We Collect and Use Personal Data” above and in “Additional Uses of Personal Data” below.
In some cases, we may obtain your consent for additional uses.

Partners and Service Providers

We use partners and service providers, such as application facilitators, payment processors, and analytics providers, to perform services on our behalf. Some of these partners have access to Personal Data about you that we may not otherwise have and may share some or all these data with us.

Supplemental Personal Data
We may receive additional Personal Data from third-party sources, such as public or private databases (for example, compilations of email or postal addresses), or companies or institutions that may sponsor or facilitate your participation in one of our programs, which we may also append to existing Personal Data.

3. Additional Uses of Personal Data

In addition to the uses described above, including under “How We Collect and Use Information” and “Personal Data We Obtain from Third Party Sources,” we may use your Personal Data for the following purposes. These additional uses may under certain circumstances be based on your consent, may be necessary to fulfill our contractual commitments to you, may be necessary for legal compliance, or are necessary to serve our legitimate interest in the following operations:

· Conducting our operations and administering our educational offerings;

· Contacting you to respond to your requests or inquiries;

· Providing you with newsletters, articles, service alerts or announcements, event invitations, and other information that we believe may be of interest to you;

· At your request, processing and fulfilling transactions for merchandise or other Powerful You Academy products;

· Alerting you about a safety or security announcement;

· Conducting research, surveys and similar inquiries to help us understand trends and needs of our applicants, students and others using our websites or other services;

· Meeting the requirements of our accreditors;

· Performing marketing, promotions and advertising, either directly or through third-parties. These activities may include interest-based

advertising, targeted advertising and online behavioral advertising in order to increase the likelihood that the content would be of interest

to you;

· Preventing, investigating, taking action regarding or providing notice of fraud, unlawful or criminal activity, other misconduct, security or

technical issues, or unauthorized access to or use of Personal Data, our website or data systems; or
· Responding to subpoenas, court orders, or other legal process; enforcing our agreements; protecting the health, safety, rights or property of you, us or others; and meeting legal obligations.

4. Data Retention

We will retain your Personal Data for as long as is necessary for the purposes set out in these Disclosures unless a longer period is required under applicable law, or is needed to resolve disputes or protect our legal rights or otherwise to comply with legal obligations.

Where we are processing Personal Data based on our legitimate interests, we generally will retain the data for a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of the data subjects.

Where we are processing Personal Data based on your consent, we generally will retain the information for the period of time necessary to carry out the processing activities to which you consented, subject to your right, under certain circumstances, to have certain of your Personal Data erased (see “Your Rights” below).

Where we are processing Personal Data based on contract, we generally will retain the information for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from the contractual relationship.

Where we are processing Personal Data based on the public interest, we generally retain the information for the period of time that continues to serve that underlying interest.

5. How We Share and Disclose Personal Data
We will not share, sell, rent, swap, or authorize any third party to use your email address for commercial purposes without your permission. We may share your Personal Data with third parties in the ways described in these Disclosures.

We may share your Personal Data with third parties as described in the “How We Collect and Use Personal Data” section above. Additionally, we may share information as described below:

· Payment processing;

· Customer relationship management (CRM) services;

· Marketing and analytics;

· Processing admissions applications;

· Alumni and donor outreach and engagement;

· Event registration and coordination;

· Providing course platforms or tools that enable or enhance our offerings;

· Course registration and administration;

· Course evaluations and assessments;

· Enrollment verification;

· Research collaboration;

· Educational operations and collaborations;

· Performing human resources administration; and

· System maintenance and security.

6. Cookies and Similar Technologies

We may collect Personal Data about you, or information that becomes Personal Data if combined with other information, when you visit or use our websites and online services. This information may be collected through the use of cookies, which are small data files placed on your computer or mobile device that allow us to collect certain information whenever you visit or interact with our websites or online services. Some of these cookies are managed by us (first-party cookies), while others are managed by third parties that we do not control (third-party cookies). This information may also be collected through the use of other data collection technologies (such as web beacons, pixels or tags) that embed graphic files in our websites and online services. These graphic files contain a unique identifier that enables us to recognize when someone has visited our website or online services, or in the case of web beacons, opened an email that we have sent them.

These small data files or graphic files serve various functions:

·
Strictly Necessary: Necessary to deliver our services;·
Performance and Functionality: Enhance the performance and functionality of our services but are non-essential to their use;·
Analytics and Customization: Allow us to understand the effectiveness of our services and marketing campaigns, as well as to customize our services based on this information; or·
Advertising: Make advertising messages more relevant to you and your interests.You can control the use of certain cookies and similar technologies by:·
Opting out of targeted online advertising through advertising networks
·
Setting or amending your web browser controls to accept or refuse cookies (please visit your browser’s help menu for more information).If you choose to reject certain cookies and similar technologies, you may still use our websites and online
services, although
your access to some functionality and features may be restricted. If you have any questions regarding our use of cookies and other similar technologies, please contact us as set forth in the “Contact Us” section below.

7. Your Rights
We will provide you, upon your reasonable, good faith request, with information about whether we hold any of your Personal Data as part of our EEA Processing Activities to the extent required by and in accordance with applicable law. In certain cases, you may also have a right, with respect to your Personal Data collected and used in the EEA Processing Activities, to:

· correct or update any of your Personal Data that is inaccurate;
· to restrict or limit the ways in which we use your Personal Data;

· to object to the processing of your Personal Data;

· to request the deletion of your Personal Data; and

· to obtain a copy of your Personal Data in an easily accessible format.

To submit a request, please send an email message to [email protected]. Because we want to avoid taking action regarding your Personal Data at the direction of someone other than you, we will ask you for information verifying your identity. We will respond to your request within a reasonable timeframe.

You also have the right to withdraw your consent to our processing of your Personal Data as part of the EEA Processing Activities, where our processing is solely based on your consent, subject to certain limitations at law. In some cases, you can do this by discontinuing use of the services involved in the EEA Processing Activities. This would include by closing all of your online accounts with us and contacting us at [email protected] to request that your Personal Data be deleted. If you withdraw your consent to the use or sharing of your Personal Data for the purposes set out in these Disclosures or the other Harvard privacy statements that link to or expressly adopt these Disclosures, you may not have access to all (or any) of the related services, and we might not be able to provide you all (or any) of the services. Please note that, in certain cases, we may continue to process your Personal Data after you have withdrawn consent and requested that we delete your Personal Data, if we have a legal basis to do so.

8. User Generated Content

Some of our services involved in EEA Processing Activities may enable users to submit their own content. Unless otherwise indicated, please remember that any Personal Data you submit or post as user-generated content could become public information. You should exercise caution when deciding to disclose your personal, financial or other information in such submissions or posts. We cannot prevent others from using that information in a manner that may violate these Disclosures, the law or your personal privacy and safety. We are not responsible for the results of such postings.

9. Updates to the Disclosures

We may update these Disclosures from time to time without prior notice by posting revised Disclosures to this site. You can determine when these Disclosures were last revised by checking the Last Updated date in these Disclosures.10.

Contact Us

If you have any questions, comments, requests or concerns about these Disclosures or other privacy-related matters, you may contact us through [email protected]