TOB Courses Terms of Service


Terms of Use



These Terms of Use ("Terms") were updated on March 2nd, 2021.



More TOB Courses are created to guide you to an empowered place so that you can make decisions that are right for you. And to assure that we provide you the best, most secure experience we can, we created these Terms. These Terms help to protect you and us ("The Overwhelmed Brain") and apply to all your activities on the More TOB Courses website, any More TOB Courses mobile applications, our APIs, and other related services (“Services”).



We also provide details regarding the processing of personal data of our students and instructors in our Privacy Policy.



If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with More TOB Courses through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.



Accounts



You need an account for all activities on this platform. Do not share your username or password with anyone. You are responsible for all activity associated with your account. If you suspect someone else is using your account, contact us. You must have reached the age of consent for online services in your country to use More TOB Courses.



You need an account for most activities on this platform, including purchasing and enrolling in a course. The Overwhelmed Brain uses the online service Heights Platform to deliver the More TOB Courses course material. When setting up and maintaining your account, you must provide and continue to provide a valid email address. You do not have to provide your real name as you are allowed anonymity in the courses and message boards.



You assume complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. Guard your password.



You may not transfer your account to anyone nor use anyone else’s account. If you request access to an account not owned by you, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of a user's death, the account of that user will be closed.



You may not share your account login credentials with anyone else. You are responsible for what happens with your account. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may need to validate your identity to confirm that you are indeed the owner of your account.



You must be at least 18 years of age to create an account on More TOB Courses and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live and you'd like to set up an account, a parent or guardian can open the account and help you enroll.



If you are below this age of consent to use online services, you may not create a More TOB Courses account. If we discover that you have created an account that violates these rules, we hold the right to terminate your account.



You can have your account deleted at any time. Simply contact us if you have trouble deleting your account.



Course Enrollment and Lifetime Access



When you enroll in a course, you will have lifetime access to the course you purchased and the associated message board. Do not transfer or resell your course to anyone. We grant you lifetime access, except when we must disable the course because of legal or policy reasons.



Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).



In legal, more complete terms, More TOB Courses grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular course or feature of our Services.



All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a The Overwhelmed Brain authorized representative. This also applies to content you can access via any API.



We reserve the right to revoke access to a course at any point in time in the event where we decide or are obligated to disable access due to legal or policy reasons.



Pricing



If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable students to see pricing in other currencies.



If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, the payment systems we use (PayPal and Stripe) are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.



Payments



You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Boleto, SEPA, direct debit, or mobile wallet) for those fees. More TOB Courses works with third-party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.



When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.



Gift and Promotional Codes



More TOB Courses or our partners may offer coupon codes to students. Coupon codes can be applied during checkout to receive added value or a discount on the price of a course, product, or service.



These coupon codes, as well as any promotional value linked to them, may expire if not used within the period specified in your More TOB Courses account. Coupon codes offered by More TOB Courses may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law. Coupon codes offered by a partner are subject to that partner’s refund policies.



Content and Behavior Rules



You can only use More TOB Courses for lawful purposes. You’re responsible for all the content that you post on the Heights Platform platform. Please use respect and kindness when conversing on the message board with other students. Also, stay within the law and respect the intellectual property rights of others. If you violate these terms, your account can be removed. If you think someone is infringing your copyright on this platform, let us know.



You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.



You may not access our Services if you are from a territory where U.S. businesses are prohibited from engaging in business (such as Cuba, Iran, North Korea, Sudan, or Syria) or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government. Further, you agree not to upload any content or technology (including information on encryption) whose export is specially controlled under the Export Administration Regulations or other applicable regulations.



We may terminate or suspend your permission to use this platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.



Using More TOB Courses at Your Own Risk



Like other platforms where people can post content and interact, there can be risks involved where people can post content that is not in the best interest of other students.



By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. More TOB Courses has no responsibility to keep such content from you but we will do our best to moderate the content we see on the message boards. We will also delete any content that is flagged by students to be inappropriate and may subsequently terminate the account of students that continue to post inappropriate material.



By enrolling in courses that pertain to your emotional well-being, you are choosing to assume all risks voluntarily, including any psychological risk you may be exposed to. The course material often asks you to reflect and process information that could be difficult or painful, so it's important that you have access to professional assistance if and when needed. Professional assistance can include a medical or psychological doctor, coach, or other mental health and well-being specialist. You assume full responsibility for the choices you make before, during, and after your enrollment in a course. The course creator, The Overwhelmed Brain, and More TOB Courses will do their best to guide you through processes through the curriculum and occasionally on the message board, but it is your responsibility to secure a professional that can help you if you require immediate and/or one on one assistance with a mental, emotional, or psychological issue.



When you interact on the message boards, you must be careful about the types of personal information that you share. We cannot control what students do with the information they obtain from other students on the platform. Due to the anonymous nature of the message boards, you should not share your email or other personal information about yourself for your own safety.



We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of other students on the platform.



When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.



More TOB Courses Rights



You do not have permission to tamper without authorization our Services, including the website, present or future apps and services, our logos, API, code, and content.



Our content is protected by copyright, trademark, and other laws of both the United States and foreign countries. You do not have permission without authorization to use the More TOB Courses name or any of The Overwhelmed Brain, Love and Abuse, or More TOB Courses trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding More TOB Courses or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.



You may not do any of the following while accessing or using the More TOB Courses platform and Services:



  • access, tamper with, or use non-public areas of the platform (including content storage), The Overwhelmed Brain's computer systems, or the technical delivery systems of The Overwhelmed Brain's service providers.
  • disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
  • copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on The Overwhelmed Brain platform or Services.
  • access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
  • in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as The Overwhelmed Brain or More TOB Courses); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.


Miscellaneous Legal Terms



These Terms were created to clarify the legal relationship between us and you.



Binding Agreement



You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with More TOB Courses. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.



If you are not a student but are accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.



If you are reading these terms in any language other than English, the possibility for misinterpretation is present; therefore, you understand and agree that the English language will be the control if there is any conflict.



These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.



If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.



Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.



Disclaimers



It may happen that the Heights Platform or The Overwhelmed Brain is down, either for planned maintenance or because something goes wrong with the site. It could also happen that we encounter security issues. Regardless of the reason for the downtime, you accept that you will not have any recourse against us in any of these types of cases.



The Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.



We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will More TOB Courses or its affiliates, suppliers, partners, or agents be held liable for any damages due to such interruptions or lack of availability of such features.



We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.



Limitation of Liability



As stated before, there may be risks of using our Services, such as mental health and psychological issues that could arise. Because of this, you fully accept these risks and agree that you will have no recourse to seek damages against us even if you suffer loss or damage from using our platform and Services.



To the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the cost of the course(s) or product(s) you purchased. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.



Indemnification



If you behave in a way that puts The Overwhelmed Brain or More TOB Courses in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Paul Colaianni, The Overwhelmed Brain, More TOB Courses and any officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.



Legal Actions and Notices



No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.



Any notice or other communication to be given hereunder will be in writing and given by email (by us to the email associated with your account or by you to on our contact form).



Relationship Between Us



You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.



No Assignment



You may not assign or transfer these Terms (or the rights and licenses granted under them). Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.



Dispute Resolution



If there’s a dispute, we will help you resolve the issue. Most disputes can be resolved, so before seeking legal recourse, please contact us first. It is preferred to resolve all problems without going to a court of law.



Going to Arbitration



If we can’t resolve our dispute amicably, you and The Overwhelmed Brain agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.



The Arbitration Process



All disputes must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.



No Class Actions



We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.



Changes



Notwithstanding the “Updating these Terms” section below, if More TOB Courses changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing More TOB Courses written notice of such rejection by mail to The Overwhelmed Brain, LLC, 6234 Old Highway 5, Ste D9, # 2, Woodstock, GA 30188 or by email from the email address associated using our contact form, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and More TOB Courses in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.



Updating These Terms



From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and More TOB Courses reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. Modifications will become effective on the day they are posted unless stated otherwise.



Any revised Terms shall supersede all previous Terms.



Contact Information



The best way to get in touch with us is to use our contact form. We’d love to hear your questions, concerns, and feedback about our Services.