Terms and Conditions

These Terms and Conditions (“Terms”) govern your access and use of our website and the services offered thereon (collectively, the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Platform.

Definitions

“Agreement” refers to the terms and conditions listed in this document.
“Company” refers to abrodsky.com and its operators.
“Content” means any information, data, text, graphics, images, videos, audio, software, or other materials available on the Platform.
“Site” refers to any web page associated with abrodsky.com (https://abrodsky.com).
“Platform” means any information, documentation, or resources associated with https://abrodsky.com.
“Event” refers to any course, training, consulting, or speaking engagement delivered by a member of the Company.
“Term” refers to the period of time during which You interact with, or are engaging in materials belonging to, the Company.
“User” means any individual or entity that accesses or uses the Platform.
“You” or “your” means the User.
“We” or “our” means the owner and operator of the Platform.

Access and Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use only.
You agree to use the Platform in accordance with these Terms and all applicable laws and regulations.
You are solely responsible for your activities on the Platform and any Content you use or submit.
You may not use the Platform for any illegal or unauthorized purpose, including but not limited to:
- Infringing on the intellectual property rights of others.
- Defaming, harassing, threatening, or otherwise harming others.
- Interfering with the operation of the Platform.
- Distributing viruses or other harmful code.
- Collecting or using personal information of others without their consent.

Recording Policy

Any form of audio, digital, and/or video recording of Company presentations or courses by the Client or any of its employees is strictly prohibited, unless explicit written consent is obtained in advance from Company, at its sole discretion.

Intellectual Property

Client acknowledges and agrees that Company and its licensors retain ownership of all intellectual property rights related to the Programs, Services, and Materials, regardless of patent protection. Materials associated with abrodsky.com acknowledged as the property of Andrew Brodsky, licensed to Andrew Brodsky.

Virtual Training of Content

If the Client has ordered live online training (“Virtual Training”), the following conditions apply. Client agrees to ensure that only employees with purchased licenses have access to virtual content. In the event of unauthorized access, Client will take immediate measures to stop it and promptly inform Company. To prevent unauthorized use and distribution of Company’s content, Client and its affiliates shall refrain from recording any virtual program delivery.

For Virtual Training, Client agrees to follow registration instructions provided by Company and acknowledges that once registration is confirmed, it cannot be canceled. Regardless of attendance, the registration fee is earned by Company. On-demand course, speaking, or training, or consulting access is subject to terms provided on the on-demand platform site. Additional provisions apply specifically to on-demand courses, programs, speaking, consulting, and training engagements.

Content

We may, but are not obligated to, monitor or review Content submitted by Users.
We reserve the right to remove or modify any Content that we deem, in our sole discretion, to be:
- Offensive, harmful, or abusive.
- In violation of these Terms or any applicable law.
- Otherwise inappropriate for the Platform.
You retain all ownership rights to your Content, but by submitting Content to the Company, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content on the Platform and in any other media or format.

Payment and Cancellation

Client shall be responsible for all applicable charges, as well as any sales and/or withholding taxes at the prevailing rates during the invoicing period. Company will itemize and add such charges and taxes to the invoice, with the Client being liable for the prompt settlement of these taxes, unless the Client furnishes a valid exemption certificate or an alternative document deemed acceptable by the relevant tax authority.

For speeches, consulting, or similar events ordered by the Client, applicable fees shall be invoiced in two installments: 50% upon signing and the remaining 50% following the completion of the event.

In the event of a cancellation or rescheduling of a course, training, consulting, or speaking engagement (“Event”) by the Client, the Client is responsible for all non-refundable travel costs incurred, irrespective of the cancellation date. Cancellation with more than 30 calendar days’ notice incurs no fee, and any previously paid fees will be credited to the Client’s next Event or purchase, excluding non-refundable travel costs. Cancellation with 30 or fewer calendar days’ notice results in the Client being responsible for 100% of the delivery fee for the Event.

An Event is deemed “rescheduled” only if the new date falls within 5 business days of the last day of the original Event, and the Client signs an amended agreement (or equivalent). If the Event is rescheduled with the same master trainer, no cancellation fee is incurred. However, if a new master trainer is engaged for the rescheduled Event, the Client is responsible for compensating the original master trainer with 20% of the day fee for the lost opportunity. Failure to reschedule within the specified time frame or sign an amended agreement will be treated as a cancellation, subject to the aforementioned terms.

For live online Events with a Company producer, cancellation or rescheduling with 6 or more business days’ notice incurs no fee. If the Client cancels or reschedules with 5 or fewer business days, the Client is responsible for 100% of the producer fee.

All payment transactions will be in United States Dollars (USD) unless otherwise agreed on by both the Company and User.

All notices of cancellation or rescheduling must be provided in writing and will be deemed received by the Company upon actual receipt. Notices may be delivered via email to the designated Client Advisor.

Disclaimers

THE PLATFORM AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT.
OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUIVALENT TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES, ADVICE, SPEAKING, OR TRAINING THROUGH THE COMPANY OR PLATFORM.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE COMPANY OR PLATFORM.
YOU USE THE PLATFORM AT YOUR OWN RISK.

Limitation of Liability and Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR ANY CONTENT.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO DISCONTINUE YOUR USE OF THE PLATFORM.
COMPANY COMMITS TO HOLD HARMLESS AND INDEMNIFY CLIENT AND CLIENT’S OWNERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (“INDEMNIFIED PARTIES”) FROM ANY AND ALL CLAIMS AND LIABILITIES ASSERTED BY THIRD PARTIES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM ALLEGATIONS OF PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT IN CONNECTION WITH THE AUTHORIZED USE OF THE PROGRAMS AND SERVICES (“CLAIM”). THIS INDEMNIFICATION OBLIGATION EXTENDS, EXCLUDING INSTANCES WHERE INFRINGEMENT RESULTS FROM CONTENT PROVIDED BY CLIENT OR AN INDEMNIFIED PARTY. COMPANY RETAINS THE RIGHT TO OVERSEE THE DEFENSE OF SUCH LITIGATION, ENCOMPASSING THE ENGAGEMENT OF LEGAL REPRESENTATION AND COVERING ALL ASSOCIATED COSTS. HOWEVER, COMPANY SHALL NOT SETTLE ANY CLAIM AGAINST CLIENT UNLESS IT UNCONDITIONALLY ABSOLVES CLIENT OF ALL LIABILITIES.
WITHIN THE BOUNDARIES PERMITTED BY LAW, THE COMPANY’S ACCOUNTABILITY TO THE CLIENT REGARDING ANY PROGRAMS OR SERVICES PROVIDED HEREIN SHALL NOT SURPASS AN AMOUNT EQUIVALENT TO THE TOTAL SUM PAID BY THE CLIENT TO THE COMPANY FOR PROGRAMS AND SERVICES WITHIN THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE INCIDENT LEADING TO THE CLAIM.
IN THE EVENT THAT ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE, SUCH PART SHALL BE CONSTRUED IN ACCORDANCE WITH APPLICABLE LAW, AND THE REMAINING PORTIONS SHALL CONTINUE IN FULL EFFECT. THE COMPANY’S FAILURE TO ENFORCE ANY ASPECT OF THIS AGREEMENT SHALL NOT BE INTERPRETED AS A WAIVER OF THAT PARTICULAR PROVISION OR THE RIGHT TO ENFORCE IT. A BREACH OF THIS AGREEMENT GRANTS THE COMPANY THE RIGHT TO SEEK DAMAGES, REASONABLE ATTORNEYS’ FEES, AND COSTS INCURRED IN RECTIFYING THE BREACH IF LEGAL ACTION OR ARBITRATION BECOMES NECESSARY, AND THE COMPANY IS DETERMINED TO BE THE PREVAILING PARTY BY A COURT OF COMPETENT JURISDICTION.
COMPANY, OPERATING AS AN INDEPENDENT CONTRACTOR FOR CLIENT, ASSERTS THAT RIGHTS AND OBLIGATIONS PERSIST POST-TERMINATION OR EXPIRATION. UNFORESEEN EVENTS LIKE WAR, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, OR THIRD-PARTY NONPERFORMANCE EXCUSE BOTH PARTIES FROM PERFORMANCE DELAYS, EXCLUDING PAYMENT OBLIGATIONS. NO DELAY OR OMISSION IN EXERCISING RIGHTS UNDER THIS AGREEMENT CONSTITUTES A WAIVER. THE FORM, EXECUTED IN COUNTERPARTS OR ELECTRONICALLY, REPRESENTS THE ENTIRE AGREEMENT, SUPPLANTING ANY PRIOR AGREEMENTS. COMPANY RETAINS THE RIGHT TO ASSIGN, TRANSFER, DELEGATE, OR PLEDGE THIS FORM AND ASSOCIATED RIGHTS WITHOUT CLIENT CONSENT FOR MERGERS, SPIN-OFFS, OR SUBSTANTIAL STOCK/ASSETS SALES. THIS AGREEMENT MAY ONLY BE MODIFIED IN WRITING, SIGNED BY BOTH PARTIES. COMPANY DOES NOT GUARANTEE THE TIMELINESS OF PRODUCTS/SERVICES ON THE WEBSITE AND DOES NOT COMMIT TO UPDATING THEM.

Confidential Information

The following types of information will not be considered Confidential Information:
- publicly available information at the time of disclosure by the disclosing party
- information that becomes public without fault of the receiving party
- information known to the receiving party before disclosure
- information obtained from a third party not under a confidentiality obligation
For three years after the Term, both parties commit to maintaining the other party’s Confidential Information strictly confidential. They will not directly or indirectly disclose or reveal it to any third party or seek to use it for any purpose, except as envisioned in this document or mandated by a court or governmental authority of competent jurisdiction. In such cases, the disclosing party will be notified of the disclosure requirement.
In the event of a disclosure requirement, the notifying party shall provide such notice through a reliable method, including but not limited to certified mail or email, ensuring prompt communication.

Termination

We reserve the right to terminate your access to the Platform at any time and for any reason, with or without notice.
You may terminate your access to the Platform at any time by discontinuing your use of the Platform.
Upon termination, ongoing services will cease, and any outstanding payment obligations will remain due. Post-termination commitments, if any, shall be outlined in the Agreement.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the State of Texas.

International Users

We not guarantee the suitability of Site information for download outside the United States. For users outside of the U.S., personal information may be collected, processed, and stored according to U.S. law and abrodsky.com’s Privacy Policy. By using the Site, non-U.S. users acknowledge and agree to the potential collection, use, and disclosure of their personal information outside their resident jurisdiction, with the understanding that U.S. law may not offer the same level of protection. Refusal to consent prohibits Site usage.

Disputes

By using this website, materials, or its associated services, you agree that any dispute, claim, or controversy arising out of or related to your use of the website, its services, or these terms and conditions shall be resolved exclusively through binding arbitration.

Agreement

These Terms constitute the entire agreement between you and us with respect to your access and use of the Platform.
Any prior or contemporaneous agreements, representations, or understandings are superseded by these Terms.
This Agreement, along with any related agreements, is the sole agreement governing your access to the Company and its affiliate programs, superseding all prior agreements and understandings. We may amend this Agreement at any time without specific notice, and the latest version will be available on our website. It is advisable to review the Agreement before engaging with the Company or its resources.

Copyright

The Platform and its related elements are protected by applicable copyrights, trademarks, and proprietary rights. Unauthorized copying, redistribution, use, or publication of these resources or materials, including free documents provided by the Company, is strictly prohibited. Your use of the Platform does not grant ownership rights to any viewed content or materials. You must not alter or obscure copyrights or other intellectual property notices.
The Platform content, including but not limited to designs, code, text, graphics, and other materials, is the exclusive property of Andrew Brodsky. Without prior written permission, no modification, distribution, reproduction, or any form of use is allowed. Uploading, republishing, or transferring Platform content to other sites or databases is strictly prohibited. This Agreement does not grant any license to intellectual property rights unless explicitly stated.
For more information about data privacy and protection, please view our privacy policy at https://abrodsky.com/privacy-policy.

Amendments

We reserve the right to modify these Terms at any time, with or without notice to you. It is your responsibility to ensure periodic examination of these Terms and to discontinue usage should you disagree with any modifications. Continued use of the Platform after any such modification constitutes your acceptance of the modified Terms.
Your continued use of the Platform after any such modification constitutes your acceptance of the modified Terms.
The language in this Agreement shall be interpreted as to its fair meaning.
You may not use the Platform for any use that is prohibited by law or these Terms or for the performance of any illegal activity or other action that infringes the rights of Andrew Brodsky or others.

Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

Andrew Brodsky

Terms and Conditions