PRIVACY & TERMS OF SERVICE
Updated December 31, 2022
Coach Carol Ray LLC is committed to protecting your privacy. We take the responsibility of protecting your privacy seriously and are required to comply with various obligations under privacy laws. Any information collected from this site may be used in accordance with this policy.
I. Collection and Use of Personal Information
II. What personal information we collect
When you create a Coach Carol Ray LLC user account by signing up for our free content, purchasing a program, joining one of our communities, or contacting us, we collect a variety of Personal Data including but not limited to first and last name, email address, mailing address, gender, age, country, state, Facebook information, postcode, university as well as information about your alcohol consumption and wellbeing. When payment, or payment information, is required, we will direct you to submit credit card information through a third-party.
III. How we use your personal information
The personal information we collect allows us to keep you updated on our latest product announcements and upcoming events. If you don’t want to be on our mailing list, you can opt out anytime by navigating to the unsubscribe link in the last email you received from Coach Carol Ray LLC.
We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.
We may use your personal information to verify identity, assist with identification of users, and to determine appropriate services.
From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with us, you may not opt out of receiving these communications.
We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our services, and customer communications.
IV. Collection and Use of Non-Personal Information
We also collect data in a form that does not identify any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
We may collect information such as language, zip code, area code, unique device identifier, referrer URL, and the time zone where a Coach Carol Ray LLC product is used so that we can better understand customer behavior and improve our products, services, and advertising.
We may collect information regarding customer activities on any of our websites. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is non personal information.
We may collect and store details of how You use our services. This information may be used to improve the relevancy of results provided by our services.
V. Cookies and Other Technologies
We gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data. We use this information to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. We may use this information in our marketing and advertising services.
In some cases we use a “click-through URL” linked to content on our website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our marketing communications. We also use it to account for Affiliate activity and pay Affiliate commissions and bonuses.
VI. Disclosure to Third Parties
At times Coach Carol Ray LLC may make certain personal information available to strategic partners that work with us to provide products and services, or that help us market to customers. Personal information will only be shared to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.
Service Providers. We share personal information with companies who provide services such as information processing, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, and assessing your interest in our products and services. Coach Carol Ray LLC also shares your information with financial institutions who provide payment (both to and from you) services.
Advertising. We share personal information with social media advertising platforms for the purpose of custom audience generation and the development of targeting criteria for other audiences.
Legal. It may be necessary − by law, litigation, or requests from government authorities within or outside your country of residence – for us to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.
Corporate Change. Additionally, in the event of a reorganization, merger, or sale of Coach Carol Ray LLC we may transfer any and all personal information we collect to the relevant third party.
VII. Protection of Personal Information
Coach Carol Ray LLC takes the security of your personal information very seriously. When your personal data is stored by Coach Carol Ray LLC we have implemented security policies and technical measures to safeguard the Personal Data we collect from accidental loss, destruction or damage and unauthorized access, use and disclosure. When you use some Coach Carol Ray LLC products and services that by their nature are public facing, such as when you post on a Coach Carol Ray LLC forum, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. For example, if You list your name and email address in a forum posting, that information is public. Please take care when using these features.
VIII. Retention of Personal Information
IX. Access to Personal Information
Coach Carol Ray LLC will provide you with access to your Personal Data (including a copy) upon your request. We may decline to process requests that are frivolous, vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by contacting email@example.com
X. Children & Education
Coach Carol Ray LLC is intended for adult use only. We understand the importance of taking extra precautions to protect the privacy and safety of children. Children under the age of 18, are not permitted to create their own Coach Carol Ray LLC instead, a parent must obtain the account and provide the parent’s information to Coach Carol Ray LLC If we learn that we have collected the personal information of a child under 18 we will delete the information as soon as possible.
XI. Third Party Sites and Services
Coach Carol Ray LLC websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.
XII. Your Rights Under the GDPR
If you are a citizen or a resident of a country in the European Union, the GDPR grants you the following rights:
a. Access to Your Personal Data. You have the right to receive a copy of your personal data that is subject to processing by Coach Carol Ray LLC. Ordinary requests will be granted without charge to you within one calendar month of when you make the request. In cases of excessive, unreasonable, or repeated requests Coach Carol Ray LLC may charge you a reasonable fee and may require additional time to grant your request. Also, Coach Carol Ray LLC may use reasonable means to confirm your identity before granting any request for data so as to prevent granting fraudulent requests.
b. To have Your Data Corrected. If your personal data is erroneous or outdated, You have the right to have it corrected.
c. To be Forgotten. You have the right to be forgotten by This Naked Mind, LLC. You may exercise this right by emailing us at firstname.lastname@example.org. We will comply with your request, at no charge to you, within one calendar month by deleting your account, along with all of your personally identifiable data that is subject to any Coach Carol Ray LLC processing. Naturally, after we grant your request, you will not have access to any Coach Carol Ray LLC products or services unless and until you open a new Coach Carol Ray LLC account. Coach Carol Ray LLC may use reasonable means to confirm your identity before granting any request for data to prevent the granting of fraudulent requests.
d. To Restrict Processing of Your Data. You can request that your data not be processed via Coach Carol Ray LLC partners. And, if you wish, you can even specify which third parties to restrict from processing your data. We will respond to your request, at no charge to you, within thirty (30) days from when you make your request. Please be advised that some of our partners, e.g., Stripe, Braintree, PayPal, etc., are essential to Coach Carol Ray LLC services, so that if you block processing by them, Coach Carol Ray LLC services may be unavailable to You.
XII. Our Company-wide Commitment to Your Privacy
To make sure your personal information is secure, we communicate our privacy and security guidelines to Coach Carol Ray LLC employees and strictly enforce privacy safeguards within the company.
XIV. Privacy Questions
XV. Updates to the Policy
TERMS OF SERVICE
This Terms of Service Agreement (“Agreement”) is a binding legal contract between you and Coach Carol Ray LLC regarding your use of Coach Carol Ray’s website located at www.coachcarolray.com the “Services”).
By using the Services, you agree to the terms and conditions of this Agreement. If you do not agree to any of these terms, please do not use the Services.
You affirm that you are 18 or more years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
The Services are controlled and offered by Coach Carol Ray from its facilities in the United States of America. Coach Carol Ray makes no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with their local law.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. You and Coach Carol Ray are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
a. Customer: a person or entity that is registered with Coach Carol Ray to use the Services.
b. User: any person or entity a Customer grants access to the Services.
c. You: a Coach Carol Ray Customer or other person or entity who visits our Services.
d. Customer Content: information, messages, files, or any other content that Users submit to the Services.
2. GENERAL USE OF THE SERVICES
Coach Carol Ray hereby grants you a revocable, non-transferable, and non- exclusive permission to access and use the Services as set forth in this Agreement, provided that:
a. You agree not to distribute in any medium any part of the Services, including but not limited to Coach Carol Ray Content (defined below) and Customer Content (defined above) without Coach Carol Ray’s prior written authorization.
b. You agree not to alter or modify any part of the Services, including but not limited to, Coach Carol Ray’s technologies.
c. You agree not to access Coach Carol Ray Content and Customer Content through any technology or means other than as authorized by this Agreement or a written agreement between you and Coach Carol Ray.
d. You agree not to use the Services for any commercial use without the prior written authorization of Coach Carol Ray. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Coach Carol Ray’s express approval:
i. Sale of access to the Services, Coach Carol Ray Content, or Customer Content on all platforms;
ii. Use of the Services, Coach Carol Ray Content, or Customer Content for the purpose of gaining advertising or subscription revenue;
iii. The sale of advertising, on the Services or any third-party Services, targeted to the content of specific Coach Carol Ray Content or Customer Content;
iv. Any use of the Services, Coach Carol Ray Content, or Customer Content that Coach Carol Ray finds, in its sole discretion, has the effect of competing with or displacing the market for the Services, Coach Carol Ray Content, or Customer Content.
e. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to the Coach Carol Ray servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
f. You will otherwise comply with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.
g. Coach Carol Ray reserves the right to discontinue any aspect of the Services or services at any time.
3. YOUR USE OF COACH CAROL RAY CONTENT ON THE SERVICES
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Coach Carol Ray Content on the Services.
a. The content on the Services, except all Customer Content, including without limitation, the text, software, scripts, graphics, files, documents, images, photos, sounds, music, pictures, messages, interactive features, the design of and “look and feel,” and the like (“Coach Carol Ray Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Coach Carol Ray, subject to copyright and other intellectual property rights under the law. Coach Carol Ray Content on the Services is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Coach Carol Ray reserves all rights not expressly granted in and to the Services and the Coach Carol Ray Content.
b. You may access Coach Carol Ray Content, Customer Content, and other content only as permitted under this Agreement. Coach Carol Ray reserves all rights not expressly granted in and to the Coach Carol Ray Content and the Services.
c. You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Coach Carol Ray Content other than as expressly permitted herein.
d. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Coach Carol Ray Content or enforce limitations on use of the Services or the Coach Carol Ray Content therein.
e. You understand that when using the Services, you will be exposed to Customer Content from a variety of sources, and that Coach Carol Ray is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Customer Content. You further understand and acknowledge that you may be exposed to Customer Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Coach Carol Ray with respect thereto, and agree to indemnify and hold Coach Carol Ray, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.
4. CUSTOMER CONTENT AND USER CONDUCT
Users may submit information, messages, files, or any other content (collectively referred to as “Customer Content”) to Coach Carol Ray. Customers and Users agree to:
a. be solely responsible for Customer Content and the consequences of posting or publishing it;
b. comply with the terms of this Agreement;
c. comply with all applicable laws and regulations;
d. have all the necessary licenses, rights, consents, and permissions to submit Customer Content to the Services;
e. keep passwords and all other login information confidential;
f. use commercially reasonable efforts to prevent unauthorized access to or use of the Services;
g. notify Coach Carol Ray if there is any illegal or unauthorized activity or a security breach involving your account;
h. not submit material that is copyrighted, trademarked, protected by trade secret or confidentiality, or otherwise subject to third-party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Coach Carol Ray all of the license rights granted herein.
i. share, transfer, or other provide access to an account designated for you to another person or entity;
j. not access the Services in order to create a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
k. not send unsolicited communications, promotions, advertisements, or spam;
l. not impersonate any person or organization; and
m. upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or any other harmful technology that unlawfully accesses or downloads content or information stored within the Services.
You understand that whether or not Customer Content is published, Coach Carol Ray does not guarantee any confidentiality with respect to any Customer Content. You retain ownership of all copyrights you may have in your Customer Content. However, you grant Coach Carol Ray a perpetual, non-exclusive, fully paid and royalty-free, worldwide license to Coach Carol Ray to use, remove, copy, reproduce, process, transmit, excerpt, publish, distribute, create derivative works of, host, index, cache, tag, encode, modify, and adapt in any form or media now known or hereinafter developed, any Customer Content posted to Coach Carol Ray. Coach Carol Ray does not endorse any Customer Content or any opinion, recommendation, or advice expressed therein, and Coach Carol Ray expressly disclaims any and all liability in connection with Customer Content. Coach Carol Ray does not permit copyright infringing activities and infringement of intellectual property rights on its Services, and Coach Carol Ray will remove all Coach Carol Ray Content and Customer Content if properly notified in a manner consistent with law and Coach Carol Ray’s Copyright Infringement Notification policy that such Coach Carol Ray Content or Customer Content infringes on another’s intellectual property rights. Coach Carol Ray reserves the right to remove Coach Carol Ray Content and Customer Content without prior notice. If you provide feedback to us regarding the Services, Coach Carol Ray Content, or Customer Content (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
5. COPYRIGHT INFRINGEMENT
a. If you are a copyright owner or an agent thereof and believe that any
Customer Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Coach Carol Ray’s designated Copyright Agent to receive notifications of claimed infringement can be contacted at: email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 4(a), your DMCA notice may not be valid.
b. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
i. Your physical or electronic signature;
ii. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
iv. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Denver, WA and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Coach Carol Ray may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Coach Carol Ray’s sole discretion.
c. Repeat Infringers. Coach Carol Ray will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.
6. WARRANTY DISCLAIMER
You agree that your use of the services or the products and services available therein shall be at your sole risk. the services, coach carol ray content, customer content, and any products or services available on the services are provided on an “as is” and “as available” basis. to the fullest extent permitted by law, and coach carol ray, its managers, members, employees, licensors, suppliers, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. coach carol ray makes no warranties or representations about the accuracy or completeness of the services’s content or the content of any sites linked to this services and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services and the products and services available therein, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. coach carol ray does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the or any hyperlinked services or featured in any banner or other advertising, and coach carol ray will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
7. MEDICAL DISCLAIMER
You agree that Coach Carol Ray is not comprised of licensed medical or psychological professionals and the information presented on the Services is for informational and educational purposes only and is not intended to diagnose, treat, cure, or prevent any disease. The information on the Services is in no way intended as medical advice, substance abuse counseling, psychological counseling, or as a substitute for medical or any other professional counseling. The information should be used in conjunction with the guidance and care of a physician. Consult a physician before beginning this program as you would any medical, dietary, or fitness program. You agree your use of the information on the Services is at your own risk and that Coach Carol Ray does not guarantee results.
8. LIMITATION OF LIABILITY
In no event shall coach carol ray, its managers, members, employees, licensors, suppliers, or agents, be liable for any indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your access to or use of the services, coach carol ray content, customer content or the products and services available on the services.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. you agree that the maximum total liability of coach carol ray, its managers, members, employees, licensors, suppliers, or agents to you for any claim under this agreement, whether in contract, tort, or otherwise, shall not exceed the actual total amount received by coach carol ray from you to access the services and/or use the services. if your use of the services, services, and/or goods results in the need for servicing, repair, or correction of equipment or data, you assume all costs thereof. each provision of this agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under this agreement between the parties. this allocation is an essential element of the basis of the bargain between the parties. each of these provisions is severable and independent of all other provisions of this agreement. the limitations in this section will apply even if any limited remedy fails of its essential purpose.
You agree to defend, indemnify, and hold harmless Coach Carol Ray, its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that Customer Content caused damage to a third party or to Coach Carol Ray. This defense and indemnification obligation will survive this Agreement and your termination of use of the Services.
10. TERMINATION POLICY
a. You may terminate your use of the Services at any time. Coach Carol Ray may terminate this Agreement, or suspend or terminate your access to the Services, at any time, for any reason. If Coach Carol Ray suspects that you have violated any provision of this Agreement, Coach Carol Ray may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. You remain solely liable for all obligations related to use of the Services, even after you have stopped using the Services.
b. Coach Carol Ray reserves the right to decide whether Coach Carol Ray Content or Customer Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. Coach Carol Ray may remove such Customer Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
11. THIRD-PARTY SITES
The Services may contain links to third-party websites that are not owned or controlled by Coach Carol Ray. Coach Carol Ray has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website. In addition, Coach Carol Ray will not and cannot censor or edit the content of any third-party site. BY USING THE SERVICES, YOU EXPRESSLY RELIEVE COACH CAROL RAY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICES.
12. NOTICE REGARDING ELECTRONIC PAYMENT VENDORS
Users should be aware some payments may be processed through electronic payment vendors. Coach Carol Ray may also provide applications and other services to merchants related to payment processing. Payments may not be processed for certain activities, such as for illegal or other prohibited activities. If you have a question as to whether a payment will be accepted, we encourage you to check the policies of the applicable vendor.
Your relationship with the electronic payment vendors is separate from your relationship with Coach Carol Ray and is governed by the terms and conditions contained in such vendor’s agreement. Such terms and conditions are available at the respective vendor’s website. Coach Carol Ray is not responsible for the actions or omissions of any third party payment processor.
13. SUBMISSIONS AND PRIVACY
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non- confidential and non-proprietary and will become the sole property of Coach Carol Ray without any compensation or credit to you whatsoever. Coach Carol Ray and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
14. TYPOGRAPHICAL ERRORS
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
15. USERS UNDER 13 YEARS OF AGE
Our Services are not directed to persons under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us at firstname.lastname@example.org We do not knowingly collect personal information from children under the age of 13. If we become aware that a child under the age of 13 has provided us with personal information, we take steps to remove such information. By using the Services, you are representing to us that you are not under the age of 13. If you are under 13 years of age, you are not authorized to install and use the Services and must immediately delete it from your devices.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Coach Carol Ray without restriction.
By using the Services, you consent to receiving electronic communications from Coach Carol Ray. These communications will include notices about your account and information concerning or related to the Services and/or Coach Carol Ray’s products and services. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. APPLICABLE LAW
This Agreement shall be governed by the internal substantive laws of the State of WA, without respect to its conflict of laws principles. By accessing the Services, the parties consent to the jurisdiction of the State of WA. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS WE AND YOU HAVE AGAINST EACH OTHER ARE RESOLVED. SECTION 19 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMITS YOUR RIGHT TO SEEK RELIEF BY JURY TRIAL OR CLASS ACTION.
19. AGREEMENT TO ARBITRATE
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR COACH CAROL RAY’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Coach Carol Ray concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
19.1 Notice of Dispute
In the event of a dispute, you or Coach Carol Ray must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: email@example.com. Coach Carol Ray will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Coach Carol Ray will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Coach Carol Ray may commence arbitration.
19.2 Binding Arbitration
If you and Coach Carol Ray don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Seattle, WA, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by WA law. Either party may seek any interim or
preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
19.3 Prohibition of Class and Representative Actions and Non-Individual Actions
You and Coach Carol Ray agree that either may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding unless both you and Coach Carol Ray agree otherwise. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative or class proceeding. Also the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s claim(s). Any relief awarded cannot affect other Coach Carol Ray’s users.
20. REFUND POLICY
Unless otherwise specified in a separate agreement, refunds for purchases on the Services must be sent to firstname.lastname@example.org within fourteen (14) calendar days of purchase. Programs that require monthly payments are nonrefundable, but Coach Carol Ray will cancel your account upon receiving a cancellation request emailed to email@example.com. Once we terminate your account, you acknowledge and agree that we may permanently delete your account and all the data associated with it.
You can review the most current version of the Terms of Service Agreement by visiting this page. The revised Terms of Service Agreement will become effective upon posting. If you access or use the Services after the effective date, that use will constitute your acceptance of any revised terms and conditions.
23. FORCE MAJEURE
In the event Coach Carol Ray is unable to perform its obligations or provide the Services under the terms of this Agreement because of acts of God (including, but not limited to, severe acts of nature or weather events including floods, fires, earthquakes, hurricanes, or explosions), strikes or labor disputes, war, riots, acts of terrorism, epidemics, pandemics, acts of governmental authorities (including but not limited to government directives, expropriation, condemnation, and changes in laws and regulations), interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services, or other causes reasonably beyond Coach Carol Ray’s control, Coach Carol Ray shall not be liable for any costs or damages resulting from Coach Carol Ray’s failure to perform its obligations under the terms of this Agreement, provide the Services, or otherwise, from such causes.
Coach Carol Ray is a for-profit limited liability company. You agree if you choose to donate to Coach Carol Ray, your donation is not tax deductible. You also acknowledge that unless agreed upon by you and Coach Carol Ray in writing, Coach Carol Ray may use your donation for any purpose in its sole discretion. You agree that information about donors, donees, and donations is confidential.
25. CONTACT US
If you have questions or comments about this Agreement, or to report any violations or abuse of the Services, please contact us at: firstname.lastname@example.org