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AGREEMENT AND TERMS OF USE

UPDATED ON November 4th, 2016.

PLEASE SCROLL DOWN AND READ THE PURCHASING AGREEMENT AND TERMS OF USE BELOW.

This Network Membership + Purchases from Acorn Network Agreement and Terms of Use (this "Agreement") governs your use of all digital products and services from Samantha Bowen (also trading as "Acorn Network" and will henceforth be referred to as "Acorn Network"), unless other terms and conditions expressly govern. Examples of such digital products and services include all services and products listed on our website. The terms 'Membership" and "Service" are used interchangeably throughout this document. These products and services are provided either directly by Acorn Network and its subsidiaries ("we", "us", "our") or through various third party platforms.

If you agree to be bound by the terms of this Agreement, you should check the box indicating your agreement to the terms of this Agreement on the registration page for the Service. If you do not agree to be bound by the terms of this Agreement, you should not check the box but you will not be able to proceed with the registration process for the respective Service and become a member. To the extent you have access to, or are using, a Service without having completed our registration process, you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement as explained in Section 7 below.

1. Changes to Agreement

We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Agreement that the terms have been "updated" or similar words). The changes also will appear in this document, which you can access at any time by going to the Agreement and Terms of Use link at the footer of the Membership signup webpage, or by emailing info@acorn-network.com.au for a copy. By using a Service after changes are made to this Agreement you signify that you agree to be bound by such changes.

2. Privacy and Your Account

Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in Australia or any other country where Acorn Network has facilities, and by using a Membership online or purchasing a product/service, you consent to the transfer of information outside of your country. If your access to a Membership or any other content, product, or service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Membership and distinguish you from other subscribers (such as your email address or name). If you access a Membership or any other content, product, or service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Membership or product/service, they will have the ability to view information about your account and make changes through the website for the Membership or any other content, product, or service. Similarly, if you tell someone the answer to your security question, they will be able to request information about your account and make changes through Customer Membership. You agree to notify us promptly if you change your billing and delivery addresses and email address so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address shall be deemed sufficient notice.

3. Fees and Payments

You must be 18 years of age or older to purchase a subscription to the Membership or any other content, product, or service offered by us through the Acorn Network. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your account for a Membership (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription and any renewal. As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance and an opportunity to cancel. If you need to update your credit card details or you want to use a different credit card, please email info@acorn-network.com.au for more information on how to make changes. If you believe someone has accessed a Membership using your user name and password without your authorisation, please immediately notify us contacting us via info@acorn-network.com.au. You are responsible for any fees or charges incurred to access a Membership through an Internet access provider or other Third Party service.

4. Term; Cancellation and Renewal

4.1 Term and Renewal. This Agreement shall remain in full force and effect while you use the Membership or any other content, product, or service. Your subscription for Network Membership will renew automatically until it is cancelled in accordance with this Section. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 2 days prior to the date your subscription renews, except as otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card unless you pay by check.

4.2 Cancellation Policy for other subscriptions. We may cancel your subscription at any time upon notice to you (NB: highly unlikely and we endeavour to never do this to our amazing and highly valued members). You may cancel your subscription prior to any renewal term by contacting info@acorn-network.com.au. If you have only purchased a limited items (e.g. Mentor Mojo) subscriptions are not applicable past the nominated/limited emails sent to you and will subsequently be removed from receiving further emails relevant to this item or any other content, product, or service.

5. Subscription Policies.

By subscribing to a Membership or any other content, product, or service, you are subject to our privacy policy and terms of service which can be found at any time via the Membership subscription webpage. We reserve the right to change these policies at any time and you should refer to them frequently to ensure you are aware of current policies.

6. Availability of Membership through other Platforms; Third Party Payment Services.

6.1 If you access a Membership or any other content, product, or service through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement.

6.2 From time to time, we may use a third party not affiliated with us to process payments for a Membership or any other content, product, or service (a “Third Party Processor” - e.g. Stripe). You agree that this Third Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third Party Processor you may be subject to additional terms of use/service and privacy policy(ies) of the Third Party Processor.

7. Limitations on Use.

7.1 Only one individual may access Network Membership or any other content, product, or service at the same time using the same user name or password, unless we agree otherwise.

7.2 The text, graphics, images, video, artwork, metadata and other data, design, organisation, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the "Content") available through the Memberships or any other content, product, or service are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:

7.2.1 You may occasionally distribute a copy of an article, or a portion of an article, from a Membership or any other content, product, or service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Membership, original source attribution, and the phrase "Used with permission from The Acorn Network". Please consult the Acorn Network via email info@acorn-network.com.au if you have any questions. If you need to distribute an article from a Membership or any other content, product, or service to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement please consult us as soon as possible.

7.2.2 You may occasionally use our "E-mail This" service to e-mail an article from a Membership or any other content, product, or service to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from a Membership.

7.2.3 While you may occasionally download and store articles from the Membership or any other content, product, or service for your personal use, you may not otherwise provide others with access to such articles. The foregoing does not apply to any sharing functionality we provide through the Membership or any other content, product, or service that expressly allows you to share articles or links to articles with others. In addition, you may not use articles you have downloaded for personal use to develop or operate an automated trading system or for data or text mining.

7.3 Additional Restrictions on Use of the Content.

7.3.1 You agree not to rearrange or modify the Content available through a Membership or any other content, product, or service. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Membership or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Membership other than as expressly authorised by us is prohibited.

7.3.2 You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Membership. You may not access parts of the Membership or any other content, product, or service to which you are not authorised, or attempt to circumvent any restrictions imposed on your use or access of the Membership or any other content, product, or service.

7.3.3 As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.

7.3.4 You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to a Membership or any other content, product, or service.

7.3.5 Any unauthorised or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.

7.3.6 You may not access or view the Memberships or any other content, product, or service with the use of any scripts, extensions, or programs that alter the way the Memberships or any other content, product, or service are displayed, rendered, or transmitted to you without our written consent.

7.4 You agree not to use the Memberships or any other content, product, or service for any unlawful purpose. We reserve the right to terminate or restrict your access to a Membership or any other content, product, or service if, in our opinion, your use of the it may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.

8. Community; User Generated Content.

8.1 User Name. We require you to register to access and use certain of our community areas. We require that you use your own first and last name as your user name for these community areas. With certain exceptions, when you register for these community areas, we will prefill your user name with your own name. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please immediately contact us via info@acorn-network.com.au

8.2 User Generated Content.

8.2.1 User Content. We offer you the opportunity to comment on and engage in discussions regarding our Content. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities are referred to as "User Content" in this Agreement and are subject to various terms and conditions as set forth below.

8.2.2 Cautions Regarding Other Users and User Content. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organisations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own investment decisions and for properly analysing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user. We do not routinely screen, edit, or review User Content. However, we reserve the right to monitor or remove any User Content from the Memberships at any time without notice. You should also be aware that other users may use our Memberships for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or in error.

8.2.3 Grant of Rights and Representations by You. If you upload, post or submit any User Content on a Membership, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Membership or via other content, product, or service, you grant Acorn Network, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable right and license to use, distribute, publicly perform, display, translate, adapt reproduce, and create derivative works from your User Content in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without any duty to compensate you.

You waive all moral rights you may have in any User Content. You agree that we may modify or alter your User Content without seeking further permission from you. You also grant us the right to authorise the use of User Content, or any portion thereof, by Subscribers and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Memberships and to allow other Subscribers or users to request access to your User Content, such as for example through an RSS Feed. You agree that you are financially responsible for any claim against us arising from any User Content you create.

8.2.4 We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Memberships or membership or any other content, product, or service, including email accounts, postings, profiles or other personalised information you have created while a Member.

8.2.5 Rules of Conduct. Please proceed in good faith, and treat others as you would have them do unto you.

8.2.6 Copyright Policy. Please refer to footer at the bottom of this page.

9. Additional Terms Applicable to Acorn Network.

The Network Membership is a subscriber loyalty program of The Acorn Network which is accessible through acorn-network.com.au and which provides members with certain benefits (“Member Benefits”) such as invitations to special events, special offers from our partners and the ability to enter contests (the third parties involved in hosting such events, providing such special offers or promoting or fulfilling prizes for such contests are referred to as “Suppliers”). These events, offers, contests and other benefits are subject to change and/or cancellation at any time. Only certain subscribers are eligible for membership. As is the case with this Agreement generally, we reserve the right to modify these additional terms as well as the eligibility criteria for membership at any time. Under no circumstances shall we be responsible for any loss or damage resulting in any way in connection with Acorn Network including, without limitation, any Member Benefits available via Acorn Network or through Suppliers, attendance at an event organised through Acorn Network, or from the conduct of any other Acorn Network Members, whether online or offline. 

10. Contest and Promotions.

From time to time, we, our advertisers, Suppliers or other parties may conduct promotions and other activities on, through or in connection with one or more the Memberships, including, without limitation, contests and sweepstakes (collectively, “Promotions”). In some case, you may be able to win a prize (“Prize”) as part of a Promotion. Each Promotion may have Additional Terms and/or Rules or eligibility requirements which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law.

11. Third Party Web Sites, Services and Software

Your use of any third party websites, content, data, information, applications, goods, services or materials (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on our part or of our affiliates. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), whether the Services' or our logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

12. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.

YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES,MEMBERSHIPS AND THE CONTENT, TOOLS, MEMBER BENEFITS, PRIZES AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice. ACORN NETWORK AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS ("THE ACORN  NETWORK PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES OR SUCH CONTENT, TOOLS, MEMBER BENEFITS OR PRIZES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERISED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE ACORN NETWORK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE ACORN NETWORK PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

13. Agreement to Arbitrate.

13.1 The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the Australian Court system in accordance with the applicable judicial system. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in Perth in the State of Western Australia. You agree that by entering into this Agreement, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. As stated in Section 14 below, Western Australian law applies to any arbitration under this section, but the parties acknowledge that the Western Australian court system governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of this Agreement. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

14. General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Western Australia, without regard to any conflict or choice of law principles. For all litigation which may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the State of Western Australia. Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement. 

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