Terms & Conditions And User Agreement
1. These Terms & Conditions & User Agreement (also herein “terms and conditions”, “Agreement” or “agreement”) set forth how Tara Newman Coaching (also herein, the “Company”, “we”, “us” or “our”) and you the user (also herein, “you”, “your”, “user” or “User”, that also in many circumstances may be referred to as “visitor”, “subscriber”, “customer”, “member”, “VIP”, or “affiliate”), agree to respect and treat each other while and after you are using our website, pages and other information published through www.taranewmancoaching.com. The term “you” also includes, as applicable, any company, group or organization you may represent, which also is bound hereby, jointly and severably with you as an individual, with your attesting to have both its express and apparent authority to agree on its behalf to all of these terms and conditions.
2. Copyright & Trademark Notice: Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, Copyright © 2018 ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for shopping on this site or for placing an order through this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
3. No Professional Advice: The beneficial but low and no-cost advice shared on our site has been provided for general educational purposes only and for no other purpose. Nothing we provide for you here is intended to replace any form of competent professional advice. If you are in need of professional advice, including medical, mental health, legal, accounting or tax advice, or any other form of professional advice, then you should seek out a competent professional in that area who can ensure you are provided help that is specific to your particular situation and circumstances.
4. No FDA Evaluation: The advice shared in this site has not been evaluated by the US Food & Drug Administration (FDA). The products and methods mentioned or recommended on this site are not intended to diagnose, treat, cure or prevent any illness or disease, nor are the products and methods intended to replace proper medical help.
5. Federal Trade Commission Disclosure: This website and its information are written, edited and published by the Company, which claims sole and exclusive ownership of its content. For questions about this website or its content, please contact us using the following email address: firstname.lastname@example.org. The Company sometimes accepts forms of cash advertising, direct sponsorship, affiliate sponsorship, paid insertions, or other forms of compensation. We abide by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in our website and its content. Other than what is obviously advertising, if certain content is paid or directly sponsored, then we here pledge our best efforts to clearly identify or label it as such. The Company is sometimes compensated to provide opinions on products, services, websites and various other topics. Even though we may receive compensation for our posts, advertisements or other content, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on any blog, guest post or in any form of comments on our website are purely that blogger’s own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
6. Policy for Our Giveaways:
- No purchase(s) necessary to win.
- Giveaways are U.S. residents only (unless stated otherwise).
- Entrants must be natural persons 18 years of age or older to enter.
- Winners are chosen at random, which typically means by a method employing the free tools available at www.random.org, or other similar tools; we also may choose a winner by awarding the prize to the first eligible person to respond to our free call to action.
- Winners will be notified by email shortly after the giveaway ends. We are not responsible if a winner’s email inbox settings mark or categorize our notification email as junk, spam or the like.
- Winners will have 48 hours to claim the prize or another winner may be chosen at our discretion.
- We may, at our discretion, make public the first name and last initial of our giveaway winners, also making public their state and/or country of residence. All other contact information will remain private and will be destroyed after a winner is confirmed and their prize is confirmed as mailed.
- A winner’s tax considerations and any tax or tax-related obligations are entirely their own. Since all of our giveaways are for cash, goods and/or services valued at less than US$600, we don’t and won’t be sending any winner a form 1099-misc for US income tax purposes.
- We reserve the right to end, extend, or change a giveaway for any reason and without prior notice.
- We reserve the right to consider any entrant ineligible who has been a winner in one of our giveaways in the last 12 months.
- In any of our giveaways of products from certain companies, we reserve the right to limit the pool of eligible entrants to those persons who are not wholesale members, affiliates, contractors or employees of those companies.
- Odds of winning in one of our giveaways depend on number of entrants.
- Void where prohibited by law.
8. Governing Law: This agreement shall be construed under the laws of the State of New York.
9. Severability and Interpretation: Whenever possible each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity or vagueness of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement.
10. Survival: All obligations of the parties hereto contained in this agreement shall survive the expiration or termination of this agreement.
11. Arbitration & Relief in Equity: All claims and disputes arising under or relating to these terms and conditions are to be settled by binding arbitration in the state of New York or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. Should any arbitration be commenced between the parties to this agreement concerning this agreement, or the rights and duties of either in relation thereto, the party prevailing in such arbitration shall be entitled, in addition to such relief as may be granted, to its attorneys’ fees and costs in the arbitration. Nothing in the foregoing shall in any way limit the Company from seeking to uphold and defend its rights and privileges contained in the terms of this Agreement or any other applicable agreement with its Users, Members or Affiliates by requesting injunctive relief, administrative relief or any relief in equity, including without limitation remuneration for attorneys’ fees and/or other dispute-related costs, in a court of competent jurisdiction, by administrative proceeding or by any other legal means.
12. Purchases and Online Commerce
If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Program, Product or Service will be put on hold until payment is made.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.
All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant. Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.
13. Indemnification: User agrees to defend, indemnify and hold harmless the Company, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of user’s use or misuse, whether intentional or negligent, of the Company’s content and information and from user’s breach of any of the terms contained in this agreement.
14. Counterparts: This agreement, and any other agreements we may enter into with you later, may be executed in several counterparts or by separate actions between or among its parties, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement It’s understood that your accessing and using the information on this website constitutes your complete assent, and, as applicable, the assent of the company, group or organization you represent, to all of these terms and conditions, which shall be considered valid, binding and effective for all purposes.
15. Headings: The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this agreement.