TERMS OF USE
These Website Terms of Use (the “Terms of Use” or “Terms”), governs your access to and use of the products and services (collectively the “Services”) provided by Chaka Strategy LLC (“Chaka”) through the website located at https://www.chakastrategy.com and our software applications available to website visitors (the “Site”) As used in the Terms, “We”, “Us”, and “Our” refers to Chaka.
We make the Site we offer on it available to you subject to these Terms of Use. By using the Site, you are accepting these Terms of Use and any modifications we make to them from time to time. You can review the most current version of the Terms of Use at any time by clicking on the Terms of Use link on the Site.
Read these Terms of Use carefully and completely. The Terms of Use describe Chaka’s rights with respect to the Site and your obligations with respect to your use of the Site. Do not use the Site if you do not want to accept these Terms of Use.
THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. PLEASE CAREFULLY REVIEW THE ARBITRATION, CLASS WAIVER AND JURY TRIAL WAIVER SECTIONS BELOW.
1. ELIGIBILITY. This Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without, limiting the foregoing, the Site and the Services offered on the Site are not available to individuals under the age of 18. If you do not qualify, you may not use the Site.
2. USE OF SITE. You are granted a limited non-exclusive, non-transferable and revocable license to access and use the Site and its content solely for your personal and non-commercial educational purposes. Chaka may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all Content downloaded or otherwise obtained through the Site, as well as any copies of such materials, whether made in accordance with these Terms or otherwise.
3. CHANGES TO TERMS/SITES. We may make changes to the Site and such Services we offer on the Site from time to time. We have the right, but not the obligation, to take any of the following actions in our sole discretion without providing prior notice to you:
4. PRIVACY. The protection of your personal information is important to us and we take care to protect the personal information you provide us. Chaka’s Privacy Policy is available at https://chakastrategy.com/privacy-policy/ (the “Privacy Policy”). By using the Site, you consent to all actions taken by Chaka with respect to your personal information in compliance with the Privacy Policy and/or these Terms.
5. ACCESS TO SITE.
(a) Limited Right to Use. Subject to these Terms, Chaka and its licensors grants you a personal, limited, nontransferable, nonexclusive, non-assignable, revocable license and right to access the Site through a generally available web browser or mobile device to view content and information and otherwise use the Site consistent with its functionality and in accordance with these Terms. Any other use of the Site is strictly prohibited and a violation of these Terms. All content included on the Site, such as courses, software, text, graphics, logos, images, designs, products, video, audio, data, and other material and the design and selection thereof (collectively “Content”) are owned by Chaka and its licensors or other providers of such materials owned or licensed property, and including but not limited to the copyright, trademark, patent, or other proprietary rights therein. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Chaka and their respective licensors and protected by U.S. and international copyright laws. You may use the Site only as permitted by law and these Terms. All rights not expressly granted to you in these Terms are reserved and retained by Chaka and/or it’s licensors or suppliers. No right, title, or interest in or to the Site or any Content therein is transferred to you, and all rights not expressly granted are reserved by Chaka. Any use of the Site that is not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
(b) Photography License and Release. As a result of your use of the Site and Services, you agree to grant Chaka a worldwide, non-exclusive, royalty-free, right and license to reproduce, display, exhibit, publish, broadcast, distribute and/or otherwise use, your name, image, likeness, photograph(s), statements, and/or any and all attributes of your personality and/or appearance in connection with marketing and/or promotional materials derived from your use of Chaka’s Services, without further authorization from and/or compensation to you or anyone acting on your behalf. Notwithstanding the foregoing, you further agree to release, discharge, and waive all claims, demands, losses, and liabilities of any nature against Chaka that you, your heirs, your executors, administrators and assigns had, now have, or hereafter may have arising out of the rights granted by you to Chaka as set forth in this section 5(b), including, but not limited to, claims in the nature of defamation, violation of the right of privacy, or right to publicity.
(c) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions:
(i) you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. The Site is solely for your non-commercial, personal, and educational use;
(ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site;
(iv) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Site, or any other system, device or property;
(v) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Site or violate the regulations, policies, or procedures of such networks;
(vi) you agree not to access (or attempt to access) any of the Site by means other than through the interface that is provided by Chaka or in any way undermine the security or the operations of the Site;
(vii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Site; and
(viii) you agree not to use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
(d) User Content. The Content also includes information that you and other users provide us in the course of using the Site, including without, limitation reviews, feedback, testimonials, or other information posted on the Site (collectively, “User Content”), which we may use to provide, maintain and improve the Site. Some Content may be visible to others (for example, the Site may allow you to upload, post, or otherwise share content). You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Site, or that you contribute in any manner to the Site; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it and to grant to Chaka the license set forth below; and such User Content shall be considered non-confidential and you license to Chaka all proprietary rights in and to such User Content to use, reproduce, modify, perform, display, distribute, publish, compile, and otherwise disclose to third parties any such User Content for any purpose.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any User Content accessed through the Site, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any User Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
Chaka reserves (i) the right to remove any User Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all, and (ii) the right to take any action with respect to an User Content that is deemed necessary or appropriate in Chaka’s sole discretion, including but not limited to, terminating or suspending your access to all or part of the Site or disclosing your identity or other information about you to law enforcement or any third party who claims that material posted by you violates their rights. YOU WAIVE AND HOLD HARMLESS CHAKA AND ITS, LICENSEES, SERVICE PROVIDERS, AND SUPPLIERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES OR THIRD PARTIES DIRECTING US TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF YOU.
(e) Social Media. By tagging or connecting to one of Chaka’s official social media accounts on platforms, such as LinkedIn, you grant Chaka a non-exclusive, royalty-free, worldwide license to use, reproduce, and display your content (including photos, videos, and captions) on our Site, social media accounts, and in other marketing materials. We may credit your social media handle when reposting your content. By participating in our online community and submitting such content, you agree to defend, indemnify and hold harmless Chaka from any claims, damages, or liabilities arising out of or related to the use of your submitted content, including but not limited to claims of copyright infringement, violation of privacy rights, or failure to obtain necessary permissions. If you would like us to remove your content from our channels, please contact us at info@chakastrategy.com
6. USER INFORMATION. To use certain parts of the Site, you must register for a user account (“Account”) and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that:
(a) all required registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information; and
(c) your use of the Site does not violate any applicable law or regulation.
You are entirely responsible for maintaining the confidentiality of your Account log-in information and for all activities that occur under your Account. You agree to immediately notify Chaka of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Chaka is not liable for any loss or damage arising from your failure to comply with the above requirements. We have the right to disable any Account, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
7. COPYRIGHT COMPLAINTS. In operating the Site, Chaka may act as a “service provider” (as defined by DMCA) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that Chaka does not own or control may be transmitted, stored, accessed, or otherwise made available using the Site. Chaka has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Chaka or a third-party, or that has otherwise violated any intellectual property laws or regulations, or these Terms. If you believe any material available through the Site infringes a copyright, you should notify Chaka using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). Chaka will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Please send infringement notices under the DMCA to: Copyright Agent, Chaka Patterson, Chaka Strategy LLC at info@chakastrategy.com.
Please provide the following information in the notice:
8. THIRD-PARTY SERVICES. The Site may contain links and interactive functionality interacting with the websites of third parties, including social networking sites such as LinkedIn, Meta and similar sites. We do not endorse and we are not responsible for and have no liability for functionality, actions, inactions, privacy setting, privacy policies or content of any such website. YOUR USE OF THE THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
9. INDEMNITY. You agree to defend, indemnify and hold harmless Chaka and their respective affiliates, parent corporations, licensors, suppliers, officers, directors, employees, contractors, agents, successors, and assigns from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of: (i) your use or misuse of Site and its’ Services, (ii) your use of any information obtained from the Site, (iii) your violation of these Terms or any third-party terms and conditions of use/service, (iv) any User Content; or (v) your violation of any law or the rights of any third party. Chaka reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Chaka and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Chaka’s prior written consent. Chaka will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. WARRANTY DISCLAIMERS. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ADVICE RECEIVED VIA THE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY ASPECT THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE.
11. LIMITATION OF LIABILITY.
OUR LIABILITY AND/OR RESPONSIBILITY FOR PRODUCTS AND/OR SERVICES PROVIDED ON OR THROUGH THE SITE IS LIMITED TO DAMAGES ARISING FROM OUR WILLFUL MISCONDUCT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL: (i) CHAKA OR THEIR LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY “CHAKA PARTIES” AND EACH A “CHAKA PARTY”) BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF AN APPLICABLE CHAKA PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (ii) ANY CHAKA PARTY’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT OR OTHERWISE, EXCEED THE GREATER OF TEN THOUSAND DOLLARS ($10,000.00) OR THE FEES ACTUALLY PAID BY YOU TO CHAKA FOR THE SERVICES OR THE PRODUCT GIVING RISE TO THE CLAIM IN THE PRIOR 12 MONTHS (IF ANY).
12. TERM AND TERMINATION.
(a) Term. These Terms will remain in full force and effect so long as you continue to access or use the Site, or until terminated in accordance with the provisions of these Terms. At any time, Chaka may: (i) suspend or terminate your rights to access or use of the Site and remove and discard any Content within the Services, or (ii) terminate these Terms with respect to you if Chaka in good faith believes that you have used the Site in violation of these Terms, including any incorporated guidelines, terms or rules.
(b) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Site, including any license granted under these Terms, will automatically terminate.
13. DISPUTE RESOLUTION/ARBITRATION.
(a) Disputes. You and Chaka agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Site, its contents, tools, Services, or these Terms of Use (a “Claim”) will be determined solely by confidential and binding arbitration, instead of a court. The venue for the arbitration shall be the State of Illinois.
(b) What is Arbitration? Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision and that you and Chaka are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and/or the termination of the Site.
Either party may submit a dispute to final and binding arbitration. You may file for an arbitration by first sending to Chaka a written Notice of your Claim (“Notice of Claim”). The Notice of Claim to Chaka should be sent to our registered agent Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware 19808, Attn: Chak Strategy. The Notice of Claim should include both the mailing address and email address you would like Chaka to use to contact you. If Chaka elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by Chaka, must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific amount of damages or other relief sought.
You and Chaka agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Chaka, therefore, agree that, after a Notice of Claim is sent but before either you or Chaka commence arbitration against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Terms of Use. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if Chaka is represented by counsel, its counsel may participate in the conference as well, but Chaka agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or Chaka may commence an arbitration proceeding by filing a Demand for Arbitration. You agree that you may not commence any arbitration unless you and Chaka are unable to resolve the claim within 60 days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with Chaka during that time. You may download or copy a form of notice and a form to initiate arbitration at https://www.fedarb.com/arbitration-submission-forms. The arbitration will be conducted by the Federal Arbitration Inc. (“FedArb”) in accordance with its Rules for Arbitration in effect at the time the Claim is made rules, which are available at https://www.fedarb.com/fedarb-rules/, except as modified by this Agreement. Unless Chaka and you agree otherwise, any arbitration hearings will take place in the county of either your residence or of the mailing address you provided in your Notice of Claim.
(c) Discovery/Document Exchange/Evidence/Burden. Discovery and/or the exchange of documents in any such arbitration proceeding shall be permitted to the extent allowed by Fed.R.Civ. P. 26(a)(1), and as to other documents or information, upon a finding of good cause by the arbitrator. The Federal Rules of Evidence shall govern the admissibility of information or evidence presented at the arbitration, and the Party seeking a remedy shall have the burden of proving by a preponderance of the evidence of such Party’s entitlement thereto.
(d) Selection of Arbitrator. A single, neutral arbitrator, with at least ten years of experience, shall be mutually selected by the Parties. In the event the Parties are unable to mutually agree upon an arbitrator, the Parties shall select an arbitrator as provided for by the rules governing the dispute. You may obtain a copy of the FedArb Rules and Procedures at https://www.fedarb.com/fedarb-rules/.
(e) Arbitral Decision/Review. The arbitrator shall have the authority to hear and grant dispositive motions in the matter. The arbitrator shall also have the exclusive authority to determine whether a claim is arbitrable or otherwise covered by these Terms. Within 30 days of the close of the arbitration hearing, or at any later time to which the parties agree, the arbitrator shall issue a final written decision, separately stating his or her findings of fact and conclusions of law on which the ruling is based with respect to any ruling on dispositive motions or a final arbitration award. The arbitrator shall have no authority or power to add to or to subtract or otherwise modify this Terms. The arbitrator’s award or other decision shall be final and binding on the Parties. Judgment on any award may be entered in any court having jurisdiction as set forth immediately below.
Payment of all filing, administration, and arbitrator fees will be governed by the FedArb Rules. You are required to pay FedArb’s initial filing fee, but Chaka will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the FedArb Rules and Chaka will not reimburse your initial filing fee. The parties agree that the FedArb has discretion to modify the amount or timing of any administrative or arbitration fees due under the FedArb Rules where it deems appropriate, provided that such modification does not increase the FedArb fees to you or Chaka and you and Chaka waive any objection to such fee modification.
(f) Class-Action Waiver. You and Chaka agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, if you have elected arbitration, unless both you and Chaka agree otherwise, the arbitrator may not consolidate any other person’s Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If Chaka believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that Chaka may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this section shall be null and void. This section shall survive the expiration or termination of these Terms of Use.
(g) Right to Opt-Out. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider within 30 day of receiving the arbitration notice and to Corporation Service Company, 251 Little Falls Drive Wilmington, Delaware 19808, Attn: Chaka Strategy, LLC., via USPS Priority Mail or hand delivery. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. Chaka may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented.
I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THROUGH THESE AGREEMENTS TO ARBITRATE, CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL, I HAVE READ AND UNDERSTAND MY AGREEMENT TO THESE TERMS, AND I AGREE TO BE BOUND AS SET FORTH ABOVE.
14. MISCELLANEOUS.
(a) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Chaka regarding the use of the Site. Any failure by Chaka to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(b) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Chaka’s prior written consent. Any attempted or unauthorized assignment shall be null and void. These Terms may be assigned by Chaka without restriction. These Terms are binding upon any permitted assignee.
(c) Notifications. Chaka may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, hard copy, or posting of such notice on the Site.
(d) Jurisdiction. These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Site shall be filed only in the federal or state courts sitting in Cook County, Illinois. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action these Terms of Use.
16. CONTACT INFORMATION.
If you have any questions on this Terms of use, please contact us: Chaka Strategy, LLC 1839 S. Prairie Avenue, Chicago, IL 60616 and info@chakastrategy.com.
Date Posted: 08/27/25
