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Section 1: Definitions

1.1. “MyNewMe” or “the company” refers to MyNewMe LLC, a limited liability company registered in the United States of America, represented by Serge Brocteur, and operating the websites MyNewMe.info, MyNewMe.app, MyNewMe.fr, MyNewMe.be.

1.2. “Website” means any of the websites operated by the company, including MyNewMe.info, MyNewMe.app, MyNewMe.fr, MyNewMe.be, as well as any content, functionality or service offered on these sites.

1.3. “User” means any natural or legal person accessing or using the website or services offered by the company.

1.4. “Online training” means the online training services offered by the company on the MyNewMe websites.

1.5. “Products” means the products labeled “MyNewMe” or not, sold on the MyNewMe websites.

1.6. “Web Application” means the web application made available to users when purchasing online training, accessible on MyNewMe.app.

1.7. “Affiliate” means any natural or legal person who participates in the affiliate program offered by the company.

1.8. “Commission” means the commission that the affiliate can earn by promoting the online training offered on the MyNewMe websites.

Section 2 – Object

The purpose of these general terms and conditions is to define the terms and conditions applicable to the use of the MyNewMe websites, the sale of products and services by MyNewMe LLC, as well as the use of any content, information, software, functionality, application, and associated services provided by the MyNewMe websites.

These general terms and conditions govern all contractual between MyNewMe LLC and users of the MyNewMe websites, whether they are customers who have purchased products or services on the MyNewMe websites, or simply visitors to the MyNewMe websites.

The use of the MyNewMe websites implies full and complete acceptance of these general terms and conditions. Users are invited to carefully read these general terms and conditions before browsing the MyNewMe websites, purchasing products or services, or using associated services.

These general terms and conditions are subject to US, Canadian, and European law, as applicable. MyNewMe LLC reserves the right to modify these general terms and conditions at any time, without notice or compensation. The general terms and conditions in effect at the time of use of the MyNewMe websites will apply.

Section 3: Access and Use of the Website

3.1 Access and Registration

Access and use of the website are open to all users, subject to prior registration as a user. The user guarantees that all information provided during registration is true, accurate, up-to-date, and complete. The user is responsible for maintaining the confidentiality of their username and password to access their user account. It is the user's responsibility to keep their username and password confidential. Any fraudulent, abusive, or illegal use of the user's username and/or password will result in immediate termination of the user account.

3.2 Lawful Use

The user agrees to use the website in a lawful manner, in accordance with these terms and conditions, and all applicable laws and regulations regarding intellectual property, personal data protection, and privacy. The user agrees not to use the website to:

Carry out illegal or fraudulent operations;

Publish illegal, defamatory, obscene, offensive, threatening, or violent content;

Infringe upon the intellectual property rights of MyNewMe LLC or third parties;

Collect personal data of other users or third parties for spamming, harassment, or any other abusive use.

3.3 Suspension or Termination of Access

MyNewMe LLC reserves the right, at its sole discretion, to suspend or terminate the user's access to the website, in whole or in part, for any violation of these terms and conditions or applicable law, without notice or liability. In the event of termination, the user must immediately cease all use of the website.

Section 4: User Account

4.1 Creation of a User Account

To access certain services and products on the website, users must create a user account. The information required to create a user account includes a valid email address, a unique username, and a secure password. Users agree to provide accurate, up-to-date, and complete information when creating their account.

4.2 Use of User Account

Users are responsible for all activities that occur under their user account and must take all necessary measures to protect their login information. Users must immediately inform MyNewMe LLC of any unauthorized use of their user account or any other security breach.

4.3 Deletion of User Account

Users may delete their user account at any time by sending a written request to MyNewMe LLC at the email address indicated on the website. Deletion of the user account results in the deletion of all data associated with the user account.

4.4 Suspension or Termination of User Account

MyNewMe LLC reserves the right to suspend or terminate the user account of any user who violates these terms and conditions or any other applicable policy. MyNewMe LLC also reserves the right to refuse access to the website to any user at any time and without notice.

4.5 User Responsibility

Users are responsible for any abusive or illegal use of their user account and any violation of these terms and conditions. Users indemnify and hold MyNewMe LLC harmless from any liability, claim, loss, or damage arising from the use of their user account.

Section 5: Orders

5.1 Placing an order

Users can place orders through the website by selecting the product or course of their choice and filling out the order form. Information related to the order must be complete and accurate, and users are responsible for verifying this information before placing an order.

5.2 Order acceptance

The user's order will be deemed accepted when MyNewMe sends an order confirmation by email or any other equivalent means. MyNewMe reserves the right to refuse any order without giving a reason.

5.3 Prices and payment

Prices for products and courses are indicated on the website and may be changed at any time by MyNewMe. Delivery fees and applicable taxes are also indicated at the time of ordering. Payments can be made using the payment methods accepted by MyNewMe, such as credit cards or online payment services. Users are responsible for verifying payment information before placing an order.

5.4 Order cancellation

Users may cancel their order within 14 days of receiving the products or course confirmation, in accordance with applicable consumer protection laws. Requests for cancellation must be sent to MyNewMe by email or any other equivalent means. Return fees for products are the responsibility of the user.

5.5 Product availability

Products and courses are offered subject to availability. If a product or course is unavailable, MyNewMe will inform the user by email or any other equivalent means and offer an alternative or a refund.

5.6 MyNewMe's liability

MyNewMe is committed to honoring orders as quickly as possible and providing products and courses that comply with the descriptions presented on the website. However, MyNewMe cannot be held responsible for delivery delays, description errors, or harm suffered by the user in connection with the use of products or courses.

5.7 Applicable law

Orders placed through the website are governed by applicable laws relating to online contracts and consumer protection, and in particular by the United Nations Convention on Contracts for the International Sale of Goods (CISG), where applicable.

Section 6: Payment and Invoicing

6.1 Prices and Payment Methods

Prices displayed on the website are in US dollars (USD) and do not include applicable taxes unless otherwise stated. Payments are made using the payment methods available on the website.

6.2 Invoicing

An invoice will be issued for each order and sent to the email address provided by the customer when registering their order. The customer is responsible for providing a valid email address to receive invoices.

6.3 Fees and Taxes

The customer is responsible for all taxes and other fees related to their order, including transaction fees for online payments. Applicable taxes will be added to the total order amount in accordance with local laws and regulations.

6.4 Unpaid orders

In the event of partial or total non-payment of an order, MyNewMe reserves the right to suspend or terminate the customer's user account, suspend delivery of any current order, and/or refuse any future orders until the situation is rectified.

6.5 Billing disputes

Any billing disputes must be reported to MyNewMe in writing within 7 days of receiving the invoice. After this period, the customer will be deemed to have accepted the billing.

6.6 Transaction security

MyNewMe is committed to implementing all necessary security measures to ensure the confidentiality and security of the customer's payment information. Online payments are processed by third-party payment providers who are subject to strict data protection security standards.

Section 7: Affiliate Program

MyNewMe offers an affiliate program that allows users to promote MyNewMe's products and services in exchange for a commission. By signing up for the affiliate program, the user agrees to the following terms and conditions:

7.1 Affiliate Program Enrollment

The user must enroll in the affiliate program by providing accurate and complete information during enrollment. MyNewMe reserves the right to reject the enrollment of any user who does not meet the admission criteria established by MyNewMe.

7.2 Obligations of the Affiliate User

The affiliate user agrees to promote MyNewMe's products and services in a legal and ethical manner. The affiliate user must comply with all applicable advertising and marketing laws and regulations, as well as all MyNewMe affiliate policies. The affiliate user must also respect the intellectual property rights of MyNewMe and its partners.

7.3 Commission

The affiliate user will receive a commission for each sale generated by their marketing efforts. The commission will be paid to the affiliate user 30 days after the sale, once the minimum commission amount of $25 has been reached. MyNewMe reserves the right to change the commission amount and payment terms at any time.

7.4 Termination

MyNewMe reserves the right to terminate an affiliate user's account at any time, for any reason. The affiliate user may also terminate their account at any time by sending a written request to MyNewMe. Account termination will end the affiliate user's participation in MyNewMe's affiliate program.

7.5 Limitation of Liability

MyNewMe will not be liable to the affiliate user or any third party for losses or damages resulting from the affiliate user's participation in MyNewMe's affiliate program, except in cases of gross negligence or willful misconduct by MyNewMe. In addition, MyNewMe does not guarantee that the affiliate program will be available continuously or without interruption.

It is important to note that this section is for example purposes only and the actual terms and conditions may vary depending on the company's needs and applicable legal requirements. It is recommended to consult a lawyer for the drafting of general terms and affiliate policies.

Section 8: Delivery and Returns

8.1 Delivery of Online Courses and Products

Online courses and MyNewMe-branded products will be accessible immediately after payment. For non-MyNewMe-branded products, delivery times depend on stock availability. Estimated delivery times are provided for informational purposes only and are not guaranteed.

8.2 Returns

Users have the right to return products within 14 days of receipt, in accordance with European and Canadian consumer protection laws. Products must be returned in their original condition and return shipping costs are the responsibility of the user. Refunds will be issued within 14 days of receiving the returned products.

8.3 Refunds

Refunds are issued within 14 days of receiving the returned products or refund request. Refunds will be issued via the same payment method used during the purchase.

8.4 Customer Service

For any questions or requests regarding deliveries or returns, users can contact MyNewMe LLC customer service via email at @mynewme.info. Customer service will strive to respond to all requests as soon as possible.

Section 9: Intellectual Property

9.1 All intellectual property rights related to the MyNewMe websites, including but not limited to copyright, trademarks, trade names, patents, and industrial designs, are the exclusive property of MyNewMe LLC.

9.2 Users are not authorized to reproduce, distribute, transmit, modify, publicly display, publish, sell, assign, lease, license, or otherwise exploit the elements protected by the intellectual property rights belonging to MyNewMe LLC, without the prior written authorization of MyNewMe LLC.

9.3 Users retain ownership of all content they upload to the MyNewMe websites. However, by uploading content to the MyNewMe websites, users grant MyNewMe LLC a non-exclusive, transferable, sub-licensable, worldwide, and royalty-free license to use, reproduce, distribute, publicly display, transmit, modify, create derivative works, and/or publish the content in question, for the purpose of providing the services offered on the MyNewMe sites and promoting those services.

9.4 Users must not remove, obscure, or alter any copyright notices, trademarks, or other proprietary notices that appear on the MyNewMe websites.

9.5 Users who infringe on MyNewMe LLC's intellectual property rights may be subject to legal action. MyNewMe LLC reserves the right to take all appropriate legal measures to protect its intellectual property rights, including pursuing legal action, claiming damages, and obtaining an injunction.

Section 10: Personal Data and Privacy

MyNewMe is committed to protecting the privacy of its users and processing personal data in accordance with applicable data protection laws. Personal data collected by MyNewMe may include information such as name, email address, postal address, phone number, payment information, and login information.

The user is informed that personal data collected will be used to process orders, provide the services offered by MyNewMe, manage user accounts, improve the services offered, conduct data analysis, conduct customer satisfaction surveys, and comply with legal and regulatory obligations.

MyNewMe may share personal data with third parties to provide the services offered, such as payment and delivery providers. In these cases, MyNewMe will ensure that the third parties involved provide an adequate level of protection for personal data.

Users have the right to request access, rectification, or deletion of their personal data by sending a request to the email address [insert contact email address]. Users also have the right to object to the processing of their personal data for legitimate reasons.

MyNewMe implements appropriate security measures to protect personal data against unauthorized access, modification, or destruction. However, it is important to note that despite these security measures, no method of transmitting data over the Internet is completely secure, and MyNewMe cannot guarantee the absolute security of transmitted personal data.

By using the services offered by MyNewMe, the user agrees to the collection and use of their personal data in accordance with this privacy policy. If the user does not agree to this privacy policy, they are invited not to use the services offered.

Section 11: Limitations of Liability

MyNewMe LLC cannot be held responsible to the user for any direct or indirect loss or damage resulting from the use or inability to use the services offered on the MyNewMe sites, including but not limited to loss of profits, loss of business, loss of data, or loss of reputation.

Under no circumstances shall MyNewMe LLC's liability to the user exceed the total amount paid by the user to MyNewMe LLC for the services in question.

MyNewMe LLC cannot be held responsible for damages caused by third parties, including other users, even if those third parties have been authorized to access the MyNewMe website.

These limitations of liability apply to the extent permitted by applicable law and are not intended to limit or exclude the liability of MyNewMe LLC in cases of negligence, fraud, or misrepresentation.

Section 12: Indemnification

The user agrees to defend, indemnify, and hold harmless MyNewMe LLC, as well as its directors, officers, employees, agents, suppliers, and respective partners, from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorney's fees, arising out of or related to the use of the website or a violation of these Terms and Conditions, including these provisions regarding intellectual property, data confidentiality, and use of services.

Section 13: Dispute Resolution

In the event of a dispute between the user and MyNewMe LLC, the parties agree to first seek resolution through amicable means. If the dispute cannot be resolved amicably, the competent courts will be those of the United States.

This provision does not limit the user's right to seek additional protection under applicable law in their country of residence. If applicable law provides additional protection for the user, MyNewMe LLC agrees to comply with such laws and to comply with court decisions rendered by the competent courts.

However, in the case of a dispute with a user located in the European Union, the parties agree to first seek resolution through amicable means. If the dispute cannot be resolved amicably, the competent courts will be those of Liège in Belgium.

For disputes with users located in countries other than the United States or the European Union, the parties agree to first seek resolution through amicable means. If the dispute cannot be resolved amicably, the competent courts will be those of the state where MyNewMe LLC is headquartered.

Section 14: Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time and without notice, in order to comply with applicable law, update our privacy policy, or for any other reason we deem necessary. All modifications will be effective immediately upon posting on our websites. You are encouraged to regularly review the Terms and Conditions for any potential modifications.

If you continue to use our websites after the posting of modifications to the Terms and Conditions, it means that you accept the modifications and are bound by the new Terms and Conditions. If you do not accept the modifications, you must immediately stop using our websites.

In the event of a conflict between a previous version of the Terms and Conditions and a current or future version, the current or future version will prevail to the extent permitted by applicable law.

Section 15: Applicable Law and Jurisdiction

These general terms and conditions shall be governed, interpreted, and enforced in accordance with the applicable laws of the United States, Canada, and Europe, without regard to conflicts of laws that may arise. Any dispute arising out of these general terms and conditions or the use of the site shall be subject to the exclusive jurisdiction of the competent U.S. courts, unless the applicable law requires another competent jurisdiction. The parties agree to submit to the personal jurisdiction of these courts and expressly waive any objections as to the jurisdiction, form, or venue of these courts to resolve any dispute. The parties also agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these general terms and conditions.

Section 16: Final Provisions

16.1 Partial Invalidity

If any provision of these general terms and conditions is deemed to be invalid or unenforceable by a court or competent authority, such provision shall be deemed to be modified to the minimum extent necessary to make it enforceable and effective. If such modification is not possible, the provision in question shall be removed from these general terms and conditions, without prejudice to the validity of the other provisions.

16.2 Applicable Law

These general terms and conditions shall be governed and interpreted in accordance with the laws of the State of New Mexico, without regard to conflicts of laws. Any legal action arising out of or related to these general terms and conditions shall be brought in the courts of the State of New Mexico, United States, to the exclusion of any other jurisdiction.

16.3 Language

These general terms and conditions have been written in the English language. If they are translated into any other language for convenience, the English version shall prevail in case of any divergence or contradiction.

16.4 Entire Agreement

These general terms and conditions constitute the entire agreement between the user and MyNewMe LLC and supersede all prior or contemporaneous agreements and discussions, written or oral, concerning their subject matter. These general terms and conditions may only be amended in writing and signed by an authorized person of MyNewMe LLC.

16.5 Waiver

The failure of MyNewMe LLC to enforce any right or provision of these general terms and conditions shall not constitute a waiver of such right or provision, unless MyNewMe LLC has agreed otherwise in writing.

16.6 Assignment

MyNewMe LLC is authorized to assign, transfer, or subcontract any or all of its rights or obligations under these general terms and conditions without the prior consent of the user. The user may not assign or transfer any of its rights or obligations under these general terms and conditions without the prior written consent of MyNewMe LLC.

16.7 Contact

If you have any questions regarding these general terms and conditions, you may contact us at the following address: @mynewme.info.