December 20, 2016
If you do not agree with any of these terms, you are prohibited from using or accessing this site.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
1. Changes to Terms. The Company may amend these Terms at any time in its sole discretion. If the Company does so, the Company will post the modified Terms on the website. The modifications will be effective no earlier than fourteen (14) days after such modified Terms are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Your continued use of the Service after such modifications constitutes your acknowledgment of, and agreement to be bound by, the amended Terms.
2. Your Use of the Service
a. Eligibility and Registration. You must be at least 18 years of age to use the Service. You are required to maintain all information provided during your registration process so that it remains true, accurate, up-to-date and complete at all times. You also agree that you have signed and returned to the Company the separate Coaching Agreement to obtain the link to a Class if you are receiving any form of interactive coaching from the Company as part of the Service.
b. Account Security. You are responsible for access to and control of your account, and for all activities that occur under your account or password. You should not reveal your account information to anyone. The Company will not ask you for your password. If you need a new user name or password, a new password will be generated for you automatically and sent to the email listed on your account. You must notify the Company immediately at firstname.lastname@example.org if you believe that your account has been compromised.
c. General Practices Regarding Use and Storage; Modification to the Service. You acknowledge that the Company may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service. You agree that the Company has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that the Company reserves the right to terminate accounts that are inactive for an extended period of time. The Company reserves the right to modify, temporarily or permanently, the Service with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service except as otherwise set forth in these Terms.
d. Mobile Service. The Service includes certain services that are available via a mobile device, including (i) the ability to download content to the Service via a mobile device, (ii) the ability to browse the Service and the website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
a. Viewing or Purchasing a Class. If you’d like to purchase a Class, you must pay a fee at the price listed for that Class. Different Classes may be subject to different terms and conditions and third-party license agreements that you may have to accept prior to viewing or purchasing a Class. From time to time, the Company may offer different terms and fees for specific Classes or Beta groups that may not be generally available to everyone. The offering of such does not obligate the Company to offer the same Class or Classes on the same terms and conditions, including Fees, to you.
b. Fee Changes. Fees for use of the Service, including fees for viewing or purchasing a Class (“Fees”), are subject to change at any time, with or without notice, and without liability to you or any third party.
c. General. Unless otherwise stated, all Fees are payable in U.S. Dollars. You agree to pay all Fees incurred by you or anyone else using your account, and you hereby authorize the Company and our third-party payment service providers to collect such Fees using the credit card or other payment method you provide to the Company.
- To You. Subject to and in accordance with these Terms and other guidelines or instructions the Company includes in the Service, permission is granted to download one copy of the homework materials and tip sheets on Company's web site for personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials, other than filling out the worksheets;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Company's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing or use of these materials or upon the termination of this license, you must not use the materials in your possession whether in electronic or printed format, for any purpose other than retention and your personal, non-commercial use, of the materials.
Your purchase of any Class entitles you only to view that Class in accordance with the foregoing license, and is not a purchase of the software or content constituting or included in the Class. The Company reserves the right to terminate this license and your access to the Service at any time, for any or no reason and with or without notice; provided, however, that such termination will not terminate your right to view any Class you’ve purchased unless you have violated these Terms. This license is personal to you. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.
b. To the Company. You grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sub-licensable (through multiple tiers) right and license to store, use, reproduce, perform, make available to the public, publish, distribute and display the content you upload to the Service, including your profile information (including your user profile on the Service), and other content you share with the Company through the Service (“User Content”) in order to provide and promote the Service and otherwise in accordance with these Terms. If you have published, made public or shared your User Content with others through the Service, or if your User Content is shared through any social media pages (including our social media pages), you understand and agree that your User Content may still be visible on those sites and other users may retain and continue to display, reproduce, share or otherwise include your User Content as a result, even if the content has been removed from your account with the Company. Except for the rights granted herein, you retain ownership of all rights in and to your User Content. The Company will not offer any User Generated Content for sale or otherwise directly monetize it in any way.
5. Prohibited Conduct. You may use the Service only in accordance with all applicable laws and regulations. In addition, you agree not to: (i) transmit, install, upload, or transfer any virus, malware, Trojan horse, worm, robot, spider, scraper, web-crawler or other process that interferes with, disrupts, or damages the Service or any other system, hardware or software; (ii) provide others access to the Service using your user name and password, or the user name and password of another authorized user of the Service; (iii) copy, download, save, print, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works of, transfer or adapt any of the software, information, text, graphics, source code or HTML code, information or other content on the Service except as expressly allowed by these Terms; (iv) remove or modify any copyright, trademark, legal notices, or other proprietary information from content on the Service; (v) “deep link” to, "frame," "mirror," "in-line link" to, transfer to another person, or employ similar navigational technology to, the Service content; (vi) violate or attempt to violate our security mechanisms or otherwise breach or corrupt the Service’s security in any way; (vii) violate a third party's intellectual property, personality, publicity (including exploiting minors) or other proprietary rights when using the Service; (viii) misrepresent your identity or personal information or impersonate another person or entity, including forging any TCP/IP packet so that any email appears to be generated by the Company; (ix) post obscene, harassing, defamatory, libelous, violent, pornographic, intimidating, abusive, threatening, offensive or illegal material on the Service; (x) advertise or otherwise solicit funds, goods or services on or through the Service or provide any commercial hosting service with access to the Service; or otherwise create or send “spam” or other unsolicited bulk email to any person or entity through the Service; (xi) engage in conduct that violates the laws of the United States or any foreign jurisdiction; or (xii) take any action that the Company determines in its sole discretion is in violation of these Terms or that in any way interferes, or attempts to interfere with, the Service (including another’s ability to access and use the Service) or otherwise places an undue burden on the Service.
6. Proprietary Rights. All content included in the Service and originating with the Company, including any Class, website design, text, photographs, graphics, sound, software and the arrangement of all content in the Service, is the property of the Company or its licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners. Except as expressly authorized by these Terms, you may not reproduce, modify, copy, create derivative works of, sell or distribute any portion of the Service. You may not sell or distribute use of the Service or access to the Service. You may not reverse engineer, reverse assemble or otherwise attempt to discover the source code of the Service or any part thereof. Patti Villalobos Coaching and all related logos, graphics and icons are service marks or trademarks of the Company. All other trademarks, service marks, product names, company names or logos that appear on the Service are the property of their respective owners, and their presence on the Service does not represent an endorsement of the Service.
7. Third Party Content; Applications, Hyperlinks. The Service may also contain links and references to other third party services, websites, applications, and materials. The Company has no ownership or control over such third-party content. The Company makes no representations or warranties regarding, and does not sponsor or endorse, any third-party content available on the Service. You understand and agree that the Company has no liability for such content and that, if you access or use third-party content through the Service, you do so at your own risk and may need to agree to third party licenses or agreements.
8. Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company’s point of contact with a notice including the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. Identification of the copyrighted work or other intellectual property that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and email address;
e. 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.
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
g. The point of contact for claims of copyright or other intellectual property infringement can be reached as follows:By mail:Patti Villalobos Coaching LLC, 6901 Clear Springs Parkway, Garland, Texas 75044, Attn: Copyright POC.By email: email@example.com.
9. Feedback. The Company values feedback and continually strives to make the Service relevant and impactful. Any feedback, comments, reviews, ideas or suggestions regarding the Service (“Feedback”) that you provide to the Company will be the Company’s sole and exclusive property, and you irrevocably assign to the Company all of your right, title and interest in and to all Feedback. The Company is free to use such Feedback in any manner without any obligation to you. You waive the right to bring any claim against the Company related to its use of any Feedback, including those related to “moral rights.”
10. Reservation of Rights. The Company reserves the right, but does not have any obligation, to monitor the content and transactions on or through the Service. If the Company becomes aware of any content or transactions that it deems, in its sole discretion, to be in violation of these Terms or otherwise inappropriate, the Company may remove the content, cancel the transaction, or suspend, block, terminate or restrict access to the Service, without liability to you or any third party. The Company reserves the right to modify, suspend or discontinue the Service at any time, for any reason or no reason whatsoever, without any liability to you or any third party.
11. No Warranties and Disclaimers.YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PATTI VILLALOBOS COACHING LLC, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PATTI VILLALOBOS COACHING LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, CLASSES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL BE ERROR FREE OR WILL MEET YOUR EXPECTATIONS.
12. Limitation of Liability. PATTI VILLALOBOS COACHING LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR INCURRED IN CONNECTION WITH ANY OF THE FOLLOWING (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES): (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TERMINATION OF THE SERVICE; (ii) ANY GOODS, DATA, MATERIALS, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ACCESSED THROUGH THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY OR BE ENFORCEABLE WITH RESPECT TO YOU.THE FOREGOING SECTION IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF YOUR JURISDICTION. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF YOUR JURISDICTION, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE FOREGOING SECTION.
13. Dispute Resolution. The Company prefers to resolve disputes amicably, and most concerns can be resolved quickly by emailing customer support at firstname.lastname@example.org.
14. Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions. You irrevocably consent to personal jurisdiction, and waive all objections and challenges to venue and jurisdiction, within Dallas County, Texas, United States of America.
15. General. These Terms and any other referenced policies constitute the complete agreement between you and the Company regarding the Service and its use and supersede all prior or contemporaneous agreements, whether written or oral. Any additional terms in any written or oral communication from you to the Company are void. These Terms are binding on and inure to the benefit of you and the Company and their respective successors and permitted assigns. No failure or delay by a either you or the Company in exercising any right, power or privilege under these Terms will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or its further exercise or the exercise of any other such right, power, or privilege. You and the Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. The Company may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Service. Whenever the words “include,” “includes” or “including” are used in these Terms, they shall be deemed to be followed by the words “without limitation.”