TERMS AND CONDITIONS
- User Agreement. Carrie Sechel, LLC (“Company”) provides www.carriesechel.com (this “Site”), its coaching and mentoring services and its digital products (collectively called the “Site and Services”) to you subject to the FOLLOWING TERMS AND CONDITIONS, WHICH FORM A BINDING AGREEMENT BETWEEN YOU AND COMPANY (the “Agreement”). PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT GOVERNS YOUR USE OF THE SITE AND SERVICES. BY ACCESSING AND/OR USING THE SITE AND SERVICES, YOU REPRESENT TO COMPANY THAT: (a) you are 18 years of age or older; (b) you are authorized to make promises, representations, purchases and agreements on your own behalf or on behalf of your employer, business enterprise or other person/entity (collectively included in the term “you” for purposes of this Agreement); (c) any information you provide will be true, accurate, current and complete; and (d) you agree to be legally bound by and comply with this Agreement. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE AND SERVICES. COMPANY MAY SUSPEND OR TERMINATE YOUR ACCOUNT OR REFUSE YOUR ACCESS TO THE SITE AND SERVICES OR ANY PORTION THEREOF IF YOU DO NOT FULLY COMPLY WITH THIS AGREEMENT.
2. Amendments to Agreement. Company reserves the right, in its sole discretion, to change, modify, supplement, terminate or otherwise amend all or any part of this Agreement (collectively called “Amendments”) at any time, effective immediately upon notice published on the Site. YOUR CONTINUED USE OF THE SITE AND SERVICES CONSTITUTES YOUR BINDING ACCEPTANCE OF SUCH AMENDMENTS. You agree to review this Agreement frequently to become aware of such Amendments and to ensure your compliance with them. All Amendments are hereby incorporated into this Agreement by this reference. IF AT ANY TIME THIS AGREEMENT IS NO LONGER ACCEPTABLE TO YOU, THEN YOU MUST IMMEDIATELY CEASE ALL USE OF THE SITE AND SERVICES.
3. Changes to Site. You acknowledge and agree that Company reserves the right, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Site and Services, or any portion thereof, for any reason; and (b) to interrupt the operation of the Site and Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
4. Ownership, Copyright and Trademarks. You acknowledge and agree that the Site and Services and all content utilized or available on and/or accessed through the Site and Services including without limitation, all materials, documents, data, software, information, statements, images, photographs, illustrations, audio and video clips, text, graphics, links, databases, digital downloads, user interfaces, icons, software, trademarks, service marks, trade names, trade dress, copyrights, patent rights intellectual property and other proprietary rights, logos, designs, titles, words, phrases, source code, object code and underlying operational instructions and statements (collectively called the "Content") are the property of Company and are protected by U.S. and international copyright, trademark and intellectual property laws and regulations. The compilation of the Content (meaning the collection, arrangement, assembly, look and feel) is also the exclusive property of Company and also protected by U.S. and international copyright, trademark and intellectual property laws and regulations. ALL RIGHTS ARE RESERVED IN CONNECTION WITH THE SITE, SERVICES AND CONTENT. You agree to comply with all applicable copyright, trademark and intellectual property laws and regulations and any additional copyright notices, information, or restrictions contained in or applicable to the Site, Services and Content. You understand and agree that you do not acquire any ownership rights by accessing or downloading the Site, Services and Content and you may not electronically store the same. You are responsible for complying with all applicable laws, rules, and regulations regarding your use of any downloads.
5. Your Use of Site. You may only use the Site, Services and Content for your personal, noncommercial purpose and the copyright, trademark, service mark and other intellectual property and proprietary notices contained in any download must be retained and you must include a link back to the Site, Services and Content from which it was obtained. For the avoidance of doubt, if you view, purchase or access the Site, Services and/or Content, you are receiving a revocable, limited, temporary, non-exclusive, non-transferrable license for personal, noncommercial use only, limited to you only. You may not use the Site, Services and Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others. You agree not to directly or indirectly: (a) use and/or re-publish the Site, Services or Content in whole or in part; (b) copy, modify, alter, publish, upload, transmit, transfer or sell, resell, reproduce, republish, duplicate, steal, create derivative works from, distribute, perform, display, post, distribute or in any way exploit the Site, Services or Content, in whole or in part; (c) interrupt or attempt to interrupt the operation of the Site, Services or Content in any way; (d) upload any viruses, worms, Trojan horses, or other forms of harmful computer code, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Site, Services or Content; (e) place the Site, Services or Content on a network; or (f) frame, link, meta tag, associate with advertisements or commercially exploit the Site, Services or Content. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT OR BY EXPRESS WRITTEN LICENSE SIGNED BY THE COMPANY’S PRESIDENT ARE RESERVED BY COMPANY. You are solely responsible for configuring your own hardware and software to access the Site, Services and Content. We do not warrant that the way we deliver the same is compatible with your hardware and/or software.
7. Information/Submissions by You. You agree that any information or materials that you or individuals acting on your behalf submit or post on the Site or otherwise provide to Company will not be considered confidential or proprietary. By submitting or posting any information, images or other materials to the Site or by otherwise providing such information, images or other materials to Company (“User Content”), you grant to Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such User Content, and you further agree that Company is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Company or that is contained in any User Content. You warrant that you will not provide any User Content to Company which (a) is false, fraudulent, inaccurate, defamatory, harassing, threatening, vulgar, obscene or pornographic or otherwise offensive and inappropriate in Company’s sole discretion; (b) infringes the intellectual property rights, including copyrights, of any third party or any rights of publicity or privacy of any third party; (c) violates any law, statute, ordinance or regulation; or (d) advocates illegal activity whatsoever. Company reserves the right (but assumes no obligation) to delete, move or edit any User Content for any reason. You are not authorized to post on or transmit to the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law. If you do so, you agree to assume all claims, costs, losses, expenses, damages and liabilities caused by such activity and will indemnify, defend and hold Company harmless from and against the same.
8. Passwords. If you have provided a username and password to access the Site, then that username and password is for your personal use only and you agree not to allow others to use the same. You are solely responsible for maintaining the confidentiality and security of your username and password. You are also solely responsible for all activities (whether by you or by others) that occur under your username and password including, without limitation, any purchases or posts made using your account. You agree to notify Company immediately of any unauthorized use of your username or password or any other breach of security of which you become aware. You agree that Company will not be liable for any loss or damage caused by your failure to protect your username, password and account and for any unauthorized use of your account and you will be liable for the losses of Company and others due to such unauthorized use.
11. Disclaimers. (a) General - Company attempts to be as accurate as possible, but Company does not represent, guarantee or warrant that the Site, Services and Content are accurate, complete, reliable, current, or error-free. Company does not represent, guarantee or warrant that the Site, Services and Content and your use of the same will be free from technical inaccuracies, typographical errors, interruptions, interferences, viruses, attacks, corruptions, defects, omissions, deletions, delays or failures in operations or transmissions, and/or theft, destruction, unauthorized access or security intrusions by any person or entity and Company expressly disclaims any liability relating thereto. Any feedback you provide to Company will be deemed to be non-confidential and Company will be free to use the same on an unrestricted basis; (b) Coaching - the Site, Services and Content are not intended to diagnose, treat or cure any mental health or medical conditions and you agree not to use the same in place of any form of professional therapy, counselling or treatment; (c) Legal or Financial - the Site, Services and Content are not and should not be interpreted or used as legal or financial advice or a substitute thereof; and (d) Earnings and Results - the Site, Services and Content are not and should not be interpreted or used as a promise or guarantee of any earnings, outcomes, profitability, business and/or particular results whatsoever. SOME STATES DO NOT ALLOW DISCLAIMERS SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
12. Personal Responsibility. You accept full responsibility for the consequences of your use, or non-use of the Site, Services and Content and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation in connection therewith to your life, family or business. You agree that Company is not responsible for the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other results of any kind in connection with your use of the Site, Services and/or Content.
13. Testimonials. The testimonials, examples, case studies and photos that may be used in connection with the Site, Services and Content are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, they represent what is possible for illustrative purposes only and they do not represent the “average” or “typical” experience in any way.
14. No Warranties. THE SITE, SERVICES AND CONTENT ARE, TO THE GREATEST EXTENT PERMITTED BY LAW, PROVIDED AND/OR SOLD TO YOU BY COMPANY "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF PRODUCT COMPATABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF NONINFRINGEMENT, OR THAT THE SAME WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION AND YOUR USE OF THE SITE, SERVICES AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY AND/OR THE SITE, SERVICES AND CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU EXPRESSLY AGREE THAT YOUR USE AND/OR PURCHASE THE SITE, SERVICES AND CONTENT ARE AT YOUR SOLE RISK. SOME STATES DO NOT ALLOW EXCLUSIONS OF WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability. YOU EXPRESSLY AGREE THAT IN NO EVENT WILL COMPANY OR ANY OF ITS SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES, CONTRACTORS, INSURERS, VENDORS, SUPPLIERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER LOSS OR DAMAGE, OF ANY KIND OR NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOOD WILL, INCOME OR DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL INJURY ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OR INABILITY TO USE THE SITE, THE SERVICES AND CONTENT OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF USE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, COMPANY IS FOUND TO BE LIABLE FOR ANY DAMAGE OR LOSS UNDER THIS AGREEMENT, THEN COMPANY’S TOTAL AND MAXIMUM AGGREGATE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ALL DAMAGES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO COMPANY FOR THE APPLICABLE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE SUCH LIABILITY ACCRUED. YOU AGREE THAT THE COMPANY WOULD NOT PROVIDE THE SITE, SERVICES, AND CONTENT ABSENT THE FOREGOING LIMITATIONS AND THE SAME WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
16. Breach of Agreement and Indemnity. If you breach this Agreement, Company may, in its sole discretion and without prior notice, terminate and/or block your access to the Site, Services and Content, without liability to you or any third party. You acknowledge that your breach of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate and therefore, you consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedy Company may have at law or in equity. You further agree to defend, indemnify and hold Company (which term includes its shareholders, members, managers, directors, officers, employees, agents, representatives, attorneys, contractors, insurers, vendors, suppliers, successors and assigns) harmless from and against any and all demands, liabilities, costs, losses, damages, expenses, attorneys’ fees and claims arising out of or related in any way with: (a) your access to or use of the Site, Services and/or Content; (b) any of your User Content; and (c) your breach of any provision in this Agreement. You also agree that Company will be entitled to recover from you, and you agree to pay, all costs, losses, damages, expenses and attorneys’ fees incurred by Company as a result of or connected in any way with your breach, in addition to any other relief granted to Company.
17. Copyright Infringement Claims. Company does not knowingly permit anyone to post materials on the Site (or in connection with the Services and Content) where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act, including 17 USC § 512 ("DMCA"). Pursuant DMCA, notifications of claimed copyright infringement should be sent by U.S. Mail postage prepaid to Carrie Sechel, LLC at 612 Coventry Place, Amherst, Ohio 44001 or by email at email@example.com (please include "Notice of Infringement" in the subject line). ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE PROCEDURE BELOW WILL RECEIVE NO RESPONSE. Company will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Company will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located;
- your address, telephone number, email address and all other information reasonably sufficient to permit Company to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
18. Miscellaneous. This Agreement constitutes the entire agreement between you and Company and governs your use of the Site, Services and Content, superseding any prior agreements between you and Company. The provisions of this Agreement are severable, and if any one or more provision is found by a court of competent jurisdiction to be invalid, illegal or judicially unenforceable, in whole or in part, that provision will be removed from this Agreement (or reformed as permitted) and the remaining provisions will continue in full force and effect. Company's failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such provision, nor prevent any exercise or enforcement thereafter of the same or other right or provision. Company will not be responsible for failures to fulfill any obligations due to causes beyond its control. No Company employee or agent has the authority to vary this Agreement or any other Company policies, in whole or in part. This Agreement is binding on you, your heirs, representatives, successors and permitted assigns and will inure to the benefit of Company and its successors and assigns. Except as set forth herein, this Agreement shall not benefit or create any right or cause of action in or on behalf of any third party. This Agreement may not be assigned by you without the prior written consent of Company. Your promises and obligations contained in this Agreement will be construed as agreements independent of any other provision of this Agreement and will survive the termination of this Agreement for any reason. You agree and represent that you have carefully considered this Agreement and any ambiguities shall not be enforced against the drafter but will be fairly read so as not to prejudice the rights of Company.
19. Governing Law. All disputes, claims or controversies arising out of this Agreement, or the validity or performance of this Agreement (collectively referred to as the "Litigation") shall be governed by and construed and enforced in accordance with the laws of the State of Ohio without regard to any conflict of laws principles. You and Company hereby: (a) irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the federal or state courts located in Lorain County, Ohio for the Litigation; (b) waive any objection to such venue/jurisdiction; and (c) agree not to plead or claim that the Litigation has been brought in any inconvenient forum or that there are indispensable parties to the Litigation that are not subject to such venue/jurisdiction. Nothing herein will prohibit the parties from settling their disputes in any forum as they may mutually agree, including binding or non-binding mediation or arbitration. Any cause of action you may have with respect to the matters contained herein or your use of the Site, Services and/or Content must be commenced within one (1) year after the claim or cause of action arises.
20. Notices. Any notices to be given to Company pursuant to this Agreement may be given by U.S. mail to Carrie Sechel, LLC at 612 Coventry Place, Amherst, Ohio 44001 or by email at firstname.lastname@example.org. Any notices to be given to you pursuant to this Agreement will be sent to the email address you provide to Company and will be deemed given 24 hours after the email is sent, unless Company is notified that the email address is invalid. Alternatively, Company may give you notice by certified mail, postage prepaid, to the address you provide to Company, if an address was supplied. In such case, notice shall be deemed given 3 days after the date of mailing.
Effective October 2, 2019
© 2019, Carrie Sechel, LLC