- This website is only for persons older than 13 years of age.
- You use the website and content entirely at your own risk.
- You cannot use any content elsewhere without asking.
- The content can change (often) without prior notice.
- You agree to respect all intellectual property rights.
- This is not a joint venture nor relationship with you.
- Your user account is free and participation voluntary.
- You agree to behave nicely in the community forums.
- We reserve the right to terminate access to this website.
- Uptime is not guaranteed and maintenance unpredictable.
This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Herby Olschewski and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access nor use the Website.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY
As a condition of your use of the Website, you warrant to Herby Olschewski that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Herby Olschewski or his suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Website content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Herby Olschewski and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Herby Olschewski or our licensors except as expressly authorized by these Terms.
The ZaGenie name, ZaGenie logo, Herby Olschewski, slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of Herby Olschewski or his affiliates or licensors. You must not use such marks without the prior written permission of Herby Olschewski. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
ACCURACY AND PERSONAL RESPONSIBILITY
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither Herby Olschewski nor any of his contractors or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
NO GUARANTEES AS TO RESULTS
As set forth more fully in the Disclaimer, you agree that Herby Olschewski has not made any guarantees about the results of taking any action, whether recommended on this Website or not. ZaGenie provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Herby Olschewski.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of ZaGenie or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
Visiting the Website or sending emails to Herby Olschewski constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
USE OF COMMUNICATION SERVICES
The Website may contain listings, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Herby Olschewski has no obligation to monitor the Communication Services. However, Herby Olschewski reserves the right to review materials posted to a Communication Service and to remove any materials at his sole discretion. Herby Olschewski reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Herby Olschewski reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Herby Olschewski’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. Herby Olschewski does not control or endorse the content, messages or information found in any Communication Service and, therefore, Herby Olschewski specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ZaGenie spokespersons, and their views do not necessarily reflect those of Herby Olschewski.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO THE WEBSITE
Herby Olschewski does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting ZaGenie, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Herby Olschewski is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Herby Olschewski’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of ZaGenie and Herby Olschewski is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. ZaGenie is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Herby Olschewski of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that ZaGenie may share such information and data with any third party with whom Herby Olschewski has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
USE OF TEMPLATES AND MATERIALS
ZaGenie provides various templates and/or materials for download and/or sale on this Website. Herby Olschewski grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or materials for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or materials in any manner, except for modifications in filling out the templates and/or materials for your authorized use.
By ordering or downloading, you agree that the materials you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Herby Olschewski.
USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL
ZaGenie from time-to-time provides various courses, programs, and associated material for sale on this Website. Herby Olschewski grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Herby Olschewski.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
USE OF FREE DOWNLOADABLE CONTENT
ZaGenie provides various resources on this Website, which users may access by providing Firstname, Lastname and Email Address. Herby Olschewski grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Herby Olschewski.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
ZaGenie may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. Herby Olschewski does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by ZaGenie agree to transfer all intellectual property rights they may have in any such interviews to Herby Olschewski and further provide a license to any rights they are unable to assign.
MONEY BACK GUARANTEE
We want you to be satisfied with your membership but we also want you to give your best effort to apply all of the strategies in the courses. We offer a 30-day refund period for the current month fees, not back-dated. However, in order to qualify for a refund you must submit proof that you did the work in the course and that the course still did not work for you. Please note, membership fees are recurring and controlled by a third party processor. We are not able to stop payments without a refund request being submitted via the Support Desk.
With respect to any refund, you must request your money back within 30 days of the current subscription. You may request your money back here >> https://artacadia.org/support/ That ticket must contain information about the option you purchased, the date of the purchase, and the email and name associated with any such purchase. You must also demonstrate that you have attempted to implement the program without success. To meet this requirement, you must submit the work outlined below (based on the program you are requesting a refund for):
HERBY OLSCHEWSKI MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. HERBY OLSCHEWSKI FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, HERBY OLSCHEWSKI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
YOU AGREE TO ABSOLVE HERBY OLSCHEWSKI OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT HERBY OLSCHEWSKI SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ZAGENIE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
ZAGENIE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ZAGENIE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, Herby Olschewski, any and all contracts you enter into with Herby Olschewski, and any and all of ZaGenie’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Johannesburg, South Africa. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against Herby Olschewski. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated and administered by Herby Olschewski from his offices within South Africa. If you access the Service from a location outside South Africa, you are responsible for compliance with all local laws. You agree that you will not use ZaGenie Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless Herby Olschewski, his officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Herby Olschewski reserves the right, at his own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Herby Olschewski in asserting any available defenses.
TERMINATION AND ACCESS RESTRICTION
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Herby Olschewski as a result of this agreement or use of the Website. Herby Olschewski’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Herby Olschewski’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Herby Olschewski with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
CHANGES TO TERMS
Herby Olschewski reserves the right, at his sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. Herby Olschewski encourages you to periodically review the Terms to stay informed of updates.
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