Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Country refers to: California, United States
Agreement) refers to The Party Goddess, Inc./Goddess to Go!, Inc., 5032
Alhambra Ave., Los Angeles, CA 90032.
Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service. This Terms and Conditions agreement has
been created with the help of the Terms and Conditions Generator.
Website refers to The Party Goddess/The Profit Goddess, accessible from
www.thepartygoddess.com , www.theprofitgoddess.com , and/or
www.marleymajcher.com
You means the individual accessing or using the Service, or the company, or
other legal entity on behalf of which such individual is accessing or using the
Service, as applicable.
Acceptance of the Terms of Use
Welcome to the website of The Party Goddess, The Profit Goddess, including
but not limited to Marley Majcher. The following terms and conditions,
together with any documents they expressly incorporate by reference
(collectively, these “Terms of Use”), govern your access to and use
of, www.theprofitgoddess.com , www.thepartygoddess.com,
and/or www.marleymajcher.com , including any content, functionality and
services offered on or through each of the websites listed above (each
website is defined as the “Website” for the purposes hereof), whether as a
guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By
using the Website, you accept and agree to be bound and abide by these
Terms of Use and our Privacy Policy, found at Privacy Policy, incorporated
herein by reference. If you do not want to agree to these Terms of Use or the
Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 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 the Company and meet all of the foregoing
eligibility requirements. If you do not meet all of these requirements, you must
not access or use the Website.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use of
the Service.
Your access to and use of the Service is conditioned on Your acceptance of
and compliance with these Terms and Conditions. These Terms and
Conditions apply to all visitors, users and others who access or use the
Service.
By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then
You may not access the Service.
You represent that you are over the age of 18. The Company does not permit
those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance
of and compliance with the Privacy Policy of the Company. Our Privacy Policy
describes Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the Website and
tells You about Your privacy rights and how the law protects You. Please read
Our Privacy Policy carefully before using Our Service.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole
discretion. All changes are effective immediately when we post them, and
apply to all access to and use of the Website thereafter. However, any
changes to the dispute resolution provisions set forth in Governing Law and
Jurisdiction will not apply to any disputes for which the parties have actual
notice prior to the date the change is posted on the Website.
Continued use of the Website following the posting of revised Terms of Use
means that you accept and agree to the changes. You are expected to check
this page from time to time so you are aware of any changes, as they are
binding on you.
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.
You are responsible for:
• Making all arrangements necessary for you to have access to the
Website.
• Ensuring that all persons who access the Website through your internet
connection are aware of these Terms of Use and comply with them.
• Access the Website or some of the resources it offers, you may be
asked to provide certain registration details or other information. It is a
condition of your use of the Website that all the information you provide
on the Website is correct, current and complete. You agree that all
information you provide to register with this Website or otherwise,
including but not limited to through the use of any interactive features
on the Website, is governed by our Privacy Policy, and you consent to all
actions we take with respect to your information consistent with our
Privacy Policy.
• 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
• We have the right to disable any user name, 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 of Use.
Information about You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By
using the Website, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
Intellectual Property Rights
Website and its entire contents, features and functionality (including but not
limited to all information, software, text, displays, images, video and audio,
and the design, selection and arrangement thereof), are owned by the
Company, its licensors or other providers of such material and are protected
by United States and international copyright, trademark, patent, trade secret
and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create
derivative works of, publicly display, publicly perform, republish, download,
store or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM
incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser
for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages
of the Website for your own personal, non-commercial use and not for
further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you
may download a single copy to your computer or mobile device solely
for your own personal, non-commercial use, provided you agree to be
bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you make take
such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any
graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights
notices from copies of materials from this site.
• You must not access or use for any commercial purposes any part of
the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other
person with access to any part of the Website in breach of the Terms of Use,
your right to use the Website will cease immediately and you must, at our
option, return or destroy any copies of the materials you have made. No right,
title or interest in or to the Website or any content on the Website is
transferred to you, and all rights not expressly granted are reserved by the
Company. Any use of the Website not expressly permitted by these Terms of
Use is a breach of these Terms of Use and may violate copyright, trademark
and other laws.
General Information about Intellectual Property Products
Among the products offered by the Company are certain sample legal
agreements (“Intellectual Property Products”). If you “purchase” any
Intellectual Property Product from the Company, the Company will not
transfer to you title to any copy, or original, of the product. Instead, you will
have purchased a nontransferable license to modify or finalize the product for
use by you in your own personal legal transactions. All Intellectual Property
Products are provided on a nonexclusive license basis only for
noncommercial purposes, without any right to re-license, sublicense,
distribute, assign, or transfer such license. Intellectual Property Products are
provided for a charge and without any representations or warranties, express
or implied, as to their suitability, legal effect, completeness, currentness,
accuracy, and/or usefulness.
THE INTELLECTUAL PROPERTY PRODUCTS ARE PROVIDED “AS IS”, “AS AVAILABLE”,
AND WITH “ALL FAULTS”, AND THE COMPANY DISCLAIMS ANY WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT ACCEPT RETURNS OR ISSUE
REFUNDS WITH RESPECT TO INTELLECTUAL PROPERTY PRODUCTS.
The Intellectual Property Products are only samples and may be
inappropriate for your particular circumstances or may be outdated or
contain errors. You should consult with legal counsel to determine the
appropriate legal or business documents necessary for your particular
transactions. In addition, information contained in any Intellectual Property
Product or otherwise made available on this Website or through the
Company’s services is not intended to and does not constitute legal advice,
recommendations, or legal counseling, and no attorney-client relationship is
formed. Your use of information contained in any Intellectual Property Product
or otherwise made available on this Website or through the Company’s
services is entirely at your own risk. The Company is not a law firm or a lawyer
referral service.
Trademarks
The Company name, the terms including but not limited to But Are You
Making Any Money?, The Profit Goddess!, Goddess to Go, How To Be A Profit
Goddess, DYHR, Double Your Hourly Rate, Rabbit Coaching and Cashmere Lite,
are the Company logos and all related names, logos, product and service
names, designs and slogans are trademarks of the Company or its affiliates
or licensors. You must not use such marks without the prior written permission
of the Company. All other names, logos, product and service names, designs
and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with
these Terms of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the US or other
countries).
• For the purpose of exploiting, harming or attempting to exploit or harm
minors in any way by exposing them to inappropriate content, asking
for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any
material which does not comply with the Content Standards set out in
these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional
material, including any “junk mail”, “chain letter” or “spam” or any other
similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company
employee, another user or any other person or entity (including, without
limitation, by using e-mail addresses associated with any of the
foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or
enjoyment of the Website, or which, as determined by us, may harm the
Company or users of the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden,
damage, or impair the site or interfere with any other party’s use of the
Website, including their ability to engage in real time activities through
the Website.
• Use any robot, spider or other automatic device, process or means to
access the Website for any purpose, including monitoring or copying
any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the
Website or for any other unauthorized purpose without our prior written
consent.
• Use any device, software or routine that interferes with the proper
working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other
material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or
disrupt any parts of the Website, the server on which the Website is
stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed
denial-of service attack.
• Attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages
or profiles, forums, bulletin boards and other interactive features (collectively,
“Interactive Services”) that allow users to post, submit, publish, display or
transmit to other users or other persons (hereinafter, “post”) content or
materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in
these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential
and non-proprietary. By providing any User Contribution on the Website, you
grant us and our affiliates and service providers, and each of their and our
respective licensees, successors and assigns the right to use, reproduce,
modify, perform, display, distribute and otherwise disclose to third parties any
such material for any purpose.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have
the right to grant the license granted above to us and our affiliates and
service providers, and each of their and our respective licensees,
successors and assigns.
• All of your User Contributions do and will comply with these Terms of
Use.
• You understand and acknowledge that you are responsible for any User
Contributions you submit or contribute, and you, not the Company,
have fully responsibility for such content, including its legality, reliability,
accuracy and appropriateness.
• We are not responsible, or liable to any third party, for the content or
accuracy of any User Contributions posted by you or any other user of
the Website.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see
our Copyright Policy for instructions on sending us a notice of copyright
infringement. It is the policy of the Company to terminate the user accounts
of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely
for general information purposes. We do not warrant the accuracy,
completeness or usefulness of this information. Any reliance you place on
such information is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such materials by you or
any other visitor to the Website, or by anyone who may be informed of any of
its contents.
Changes to the Website
We may update the content on this Website from time to time, but its content
is not necessarily complete or up-to-date. Any of the material on the Website
may be out of date at any given time, and we are under no obligation to
update such material.
Monitoring and Enforcement; Termination
We may terminate or suspend Your access immediately, without prior notice
or liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in
our sole discretion.
• Take any action with respect to any User Contribution that we deem
necessary or appropriate in our sole discretion, including if we believe
that such User Contribution violates the Terms of Use, including the
Content Standards, infringes any intellectual property right or other
right of any person or entity, threatens the personal safety of users of
the Website or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party
who claims that material posted by you violates their rights, including
their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to
law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any
or no reason, including without limitation, any violation of these Terms
of Use.
• Without limiting the foregoing, we have the right to fully cooperate with
any law enforcement authorities or court order requesting or directing
us to disclose the identity or other information of anyone posting any
materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES
AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN
BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF
ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT
AUTHORITIES.
However, we do not undertake to review material before it is posted on the
Website, and cannot ensure prompt removal of objectionable material after it
has been posted. Accordingly, we assume no liability for any action or
inaction regarding transmissions, communications or content provided by
any user or third party. We have no liability or responsibility to anyone for
performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of
Interactive Services. User Contributions must in their entirety comply with all
applicable federal, state, local and international laws and regulations. Without
limiting the foregoing, User Contributions must not:
• Contain any material which is defamatory, obscene, indecent, abusive,
offensive, harassing, violent, hateful, inflammatory or otherwise
objectionable.
• Promote sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other
intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of
others or contain any material that could give rise to any civil or
criminal liability under applicable laws or regulations or that otherwise
may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful
act.
• Cause annoyance, inconvenience or needless anxiety or be likely to
upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with
any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes
and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or
any other person or entity, if this is not the case.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the
Company under any provision of this Terms and Your exclusive remedy for all
of the foregoing shall be limited to the amount actually paid by You through
the Service or 1.00 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the
Company be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of
profits, loss of data or other information, for business interruption, for personal
injury, loss of privacy arising out of or in any way related to the use of or
inability to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of this
Terms), even if the Company or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its essential
purpose.
liability for incidental or consequential damages, which means that some of
the above limitations may not apply. In these states, each party's liability will
be limited to the greatest extent permitted by law.
IN NO EVENT WILL THE COMPANY, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO
USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR
SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS
OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING
TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and
defects without warranty of any kind. To the maximum extent permitted under
applicable law, the Company, on its own behalf and on behalf of its Affiliates
and its and their respective licensors and service providers, expressly
disclaims all warranties, whether express, implied, statutory or otherwise, with
respect to the Service, including all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement, and warranties
that may arise out of course of dealing, course of performance, usage or
trade practice. Without limitation to the foregoing, the Company provides no
warranty or undertaking, and makes no representation of any kind that the
Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's
provider makes any representation or warranty of any kind, express or
implied: (i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service will
be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency
of any information or content provided through the Service; or (iv) that the
Service, its servers, the content, or e-mails sent from or on behalf of the
Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
You understand that we cannot and do not guarantee or warrant that files
available for downloading from the internet or the Website will be free of
viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data.
Some jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to You. But in such a case the
exclusions and limitations set forth in this section shall be applied to the
greatest extent enforceable under applicable law.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL
MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER
PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO
YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE
LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS
CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY
PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE
COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE,
RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,
THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES
WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
All matters relating to the Website and these Terms of Use and any dispute or
claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in
accordance with the internal laws of the State of California without giving
effect to any choice or conflict of law provision or rule (whether of the State of
California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of
Use or the Website shall be instituted exclusively in the federal courts of the
United States or them courts of the State of California in each case located in
the City of Los Angeles although we retain the right to bring any suit, action or
proceeding against you for breach of these Terms of Use in your country of
residence or any other relevant country. You waive any and all objections to
the exercise of jurisdiction over you by such courts and to venue in such
courts.
Your use of the Application may also be subject to other local, state, national,
or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to
resolve the dispute informally by contacting the Company.
Geographic Restrictions
The owner of the Website is based in the state of California in the United
States. We provide this Website for use only by persons located in the United
States. We make no claims that the Website or any of its content is accessible
or appropriate outside of the United States. Access to the Website may not be
legal by certain persons or in certain countries. If you access the Website from
outside the United States, you do so on your own initiative and are responsible
for compliance with local laws. United States Legal Compliance You represent
and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the
United States government as a "terrorist supporting" country, and (ii) You are
not listed on any United States government list of prohibited or restricted
parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of
such provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under these Terms shall not affect a party’s
ability to exercise such right or require such performance at any time
thereafter nor shall the waiver of a breach constitute a waiver of any
subsequent breach.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates,
licensors and service providers, and its and their respective officers, directors,
employees, contractors, agents, licensors, suppliers, successors and assigns
from and against any claims, liabilities, damages, judgments, awards, losses,
costs, expenses or fees (including reasonable attorneys’ fees) arising out of or
relating to your violation of these Terms of Use or your use of the Website,
including, but not limited to, your User Contributions, any use of the Website’s
content, services and products other than as expressly authorized in these
Terms of Use or your use of any information obtained from the Website.
Entire Agreement
The Terms of Use, our Privacy Policy, Copyright Policy and Terms and
Conditions constitute the sole and entire agreement between you and us with
respect to the Website and supersede all prior and contemporaneous
understandings, agreements, representations and warranties, both written
and oral, with respect to the Website.
These Terms and Conditions may have been translated if We have made
them available to You on our Service. You agree that the original English text
shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms
at any time. If a revision is material We will make reasonable efforts to provide
at least 30 days' notice prior to any new terms taking effect. What constitutes
a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
Contact Us & Feedback
If you have any questions about these Terms and Conditions, You can contact
us:
All other feedback, comments, requests for technical support and other
communications relating to the Website should be directed
Thank you for visiting the Website.
Inc., you agree to receive text messages related to appointment reminders, coaching tips,
coaching session notifications, program updates, and relevant business communications.
You can cancel the SMS service at any time. Just text “STOP” to 213-645-2433. After you send
the SMS message “STOP” to us, we will send you an SMS message to confirm that you have
been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to
join again, simply sign up as you did the first time and we will resume sending SMS messages to
you.
If you are experiencing issues with the messaging program, you can reply with the keyword
HELP for more assistance, or you can get help directly at 213-645-2433 or
Carriers are not liable for delayed or undelivered messages.
from you. You will receive approximately 3 messages per week. If you have any questions
about your text plan or data plan, it is best to contact your wireless provider.