TRACY TIMM, LLC
WEBSITE TERMS AND CONDITIONS
DATED: July 18th, 2018
Please read the following prior to using our Services.
It’s important you understand a few basic rules for using our Services:
Anyone using our Program(s) or Service(s) agrees to follow the Website Terms and Conditions, our Privacy Policy and any other terms or websites we reference here.
You also understand and agree:
A. Everything you post or communicate is accurate, and fairly represents you and the work you do.
B. THIRD PARTY SERVICE VENDORS MAY MARKET THEIR PRODUCTS AND SERVICES. IF YOU HAVE A COMPLAINT ABOUT A VENDOR’S PRODUCTS OR SERVICES, YOU MUST CONTACT THE VENDOR DIRECTLY. WE CANNOT CONTACT VENDORS ON YOUR BEHALF.
C. You’ve looked over all of the information relating to a Program or Service. Where you have questions, you must reach out for any clarifications before purchasing. You understand and agree there are no refunds for any purchases, including deposits.
D. Because of the volume of posts, we can’t guarantee every post follows these terms. You agree to hold us harmless against any damages you suffer as a result of replying to a listing or participating in a training. Please notify use immediately if you see a violation.
E. You will take care with information you disclose and how you engage with other users. If something makes you uncomfortable, or seems suspicious, please stop communication and contact us immediately at info@tracytimm.com.
F. Every member of the community must be kind, cordial and respectful of one another. Not only in their listings, but through communication. We reserve the right to remove disrespectful, rude, discriminatory, or inappropriate users as outlined below.
1. Your Acceptance
Tracy Timm, LLC (also “TTL”, “us”, “we”, or “our”) offers personal development tools by coaching, presentations, audio, video and webinars. We do this through a many different products or services and through software, apps and this website http://tracytimm.com/. Each of these (individually and collectively) will be referred to throughout these Terms as a “Service.”
These Website Terms and Conditions (now the "Terms") apply to anyone using or purchasing through the site, whether or not you create an account or are a client. By accessing this site, using a Product or Service, or by clicking to accept or agree to these Terms, you agree to be bound by: (1) these Terms and, (2) our Privacy Policy. If you do not agree to the Terms or Privacy Policy do not use the Service.
We reserve the right to remove or change this site, and any Services, in our sole discretion and we may do so without giving notice. We are not liable if all (or any) part of the Services are unavailable at any time or for any period in which you’re trying to use them. If a Service is unavailable, or the site is down, please check again at another time. From time to time, we may also restrict access to some parts of the Service, or the entire Service, to users and/or registered users for maintenance and updates.
2. Who May Use Our Services
You may only use our Services if you agree to comply with these Terms and provide accurate and complete information. You must also be: (1) 18 years of age or older, (2) an emancipated minor, or (3) where under the age of 18, but above 13, have gotten permission to use our Services from a legal parental or guardian.
3. Services Overview
Our Services:
• Assist in developing clarity around career goals, aspirations, needs and desires.
• Support this journey through group and individual coaching.
4. Third Party Links
A Service may contain links to third party websites that we do not own or control. We are not responsible for the content, policies, or practices of a third party website. By using a Service, you agree TTL and its agents or vendors will not be responsible for any damage resulting from your use of a third-party website.
5. Opening an Account
A. Your Account Security. In order to access some Services, you may have to create an account. For security reasons, you may not use an account that does not belong to you or is registered in your name. You may not provide another person with access to Services using your user name, password or other security information. Notify us immediately if you discover a breach of security or an unauthorized use of your account.
B. Your Passwords and Login. Do not disclose user names, passwords and any other security information to anyone. If there is unauthorized use of your account, you may be liable for any damages or losses suffered by the TTL and its agents or vendors.
C. Disabling Your Login. We have the right to disable any user name, password or other identifier at any time in our sole discretion. If we disable an identifier (for example, where you are in violation of the Terms) we are not liable for any losses you experience as a result. This includes, but is not limited to, coaching notes, presentations, assessments, video, etc. Make all arrangements to back up the materials in your account.
6. Your Use of the Service—Permissions and Restrictions
We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to access Services for your personal use and development in the way we outline in these Terms. Provided that:
A. You agree not to use, or launch, any automated system that sends more request messages to our servers in a period of time than a human can reasonably produce in the same period by using a conventional on-line web browse or is malicious or technologically harmful.
B. You agree not to use a Service or its communication systems (e.g., comments, chat) for unrequested solicitation purposes. You also agree not to exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content.
C. Your use of a Service complies with all applicable federal, state and local or international laws at all times (including, but not limited to, laws covering the use or export of data outside of the US or other countries.)
D. You do not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this website, Services the server on which the website is stored, or any server, computer or database connected to the website.
E. You don’t engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm us or users of our Services.
You may only use Services for so long as you have a valid license from us. Where you fail to make payment, violate these Terms or other terms or where we notify you a license has been revoked you must stop using a Service immediately. Where a Service is limited in time (for example, and 8-week coaching program) you will only have access to coaching for the time the program runs. You will continue to have access to visual and audio content, however, please take care to save or print any resources you want to keep.
7. Content We Provide
“Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to a Service. This includes any blogs or articles.
You agree Content is provided to you AS IS. You access Content for informational and personal use. Outside of personal viewing, you may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise use Content without our prior written consent and the written consent of the user supplying the Content. For example, you may not take pictures, video, screenshots, or otherwise share the materials and Content you receive from a Service with anyone.
Unless we say otherwise, TTL Parties are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to Content from third parties. Your use of Content is at your sole risk and expense. Please report any offensive, indecent or objectionable activity to us immediately. We do not endorse any Content submitted to the Service by any user or other licensor, and expressly disclaim, any and all liability in connection with recommendations, suggestions, insights or advice expressed in Content found on or through our Services.
We reserve all rights not expressly granted in and to a Service and Content.
8. Your Content and Conduct
A. Providing Content. You may submit Content, however, you understand any Content you post is non-confidential and non-proprietary. Don’t post information relating to identification such as social security numbers, driver’s license number, etc. You are responsible for Content you submit, and you represent and warrant (promise) that you own the all licenses, consents, and permissions to publish the Content you submit. Where you don’t own rights you represent and warrant that you’ve obtained them from the owner. You agree to indemnify, defend and hold us harmless against any damages TTL Parties suffer (including royalties or fee) as a result of your Content. We reserve the right to remove or refuse to post Content for any reason or no reason at all in our discretion.
B. How We Use your Content. You give TTL a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, modify, prepare derivative works of, display and perform your Content in connection with this website and/or a Service and its (or its successors' and affiliates') business.
Business means for the purposes of publishing and advertising material through the Service, customizing Services, executing on your requests through the Service, maintaining our Service and promoting our Service. By way of example, we may reproduce and publish any testimonials you give, feedback you make or posts you produce in social media, review sites or other forums where there are tags, hashtags or other references to you. We might also reproduce and publish any appearance or remarks you make during a call, webinar or other event we host. This license includes your name, logo, and trademarks and is without any obligation to pay royalties or fees to you. You also give each user of the Service a non-exclusive license to access your Content and to use, reproduce, distribute, display and perform your Content through functionalities of the Service. To be clear, this license does not transfer ownership. However, you may revoke the rights above by deleting your account. Do keep in mind, your Content may be removed from our Services but we can’t guarantee Content will be removed from the Internet. Also, TTL may retain server copies for archival purposes.
C. Investigations. We may disclose your identity (or other information about you) to a third party who claims Content you post violates their rights or take legal action for any illegal or unauthorized use of the Services. We will 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 our Services.
9. Termination of Use of an Account
Please note, use of our Services does not give users a continued right to use or have access to Services. We reserve the right to terminate a user’s access to a Service, including a user’s account, if the user: (1) engages in predatory, bullying or unlawful behavior, (2) violates these Terms, (3) infringes on the intellectual property rights of others, or (4) infringes on the privacy rights of others.
10. Copyright Policy
If you are a copyright owner (or an agent thereof) and believe Content infringes your copyrights, please see our Copyright Policy here [insert specific site link].
11. Warranty Disclaimer
YOU AGREE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED “AS-IS”. TTL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING FROM COURSE OF DEALING. TTL PARTIES DO NOT ASSUME LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES.
12. Limitation of Liability
IN NO EVENT SHALL TTL PARTIES BE LIABLE TO YOU FOR DAMAGES (THIS INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM USE OF, OR THE INABILITY TO USE, SERVICES. THIS LIMITATION APPLIES WHETHER OR NOT A CLAIM IS BASED ON A THEORY OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT TTL IS AWARE SUCH DAMAGES ARE POSSIBLE. HOWEVER, THIS LIMITATION APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. IN NO EVENT WILL TTL’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES BE GREATER THAN 100 DOLLARS ($100) OR THE TOTAL AMOUNT OF FEES RECEIVED BY TTL FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
13. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless TTL, its owners, operators, affiliates, and each of its or their directors, employees, licensors, licensees, service providers, successors, permitted assignees and agents (individually and collectively “TTL Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising or resulting from: (i) your use of and access to a Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right or privacy right; or (iv) any claim that your Content caused damage to a third party. To be clear, this obligation to indemnify, defend and hold us harmless will survive these Terms and your use of the applicable Service(s).
14. No Guarantee
What you get out a service depends entirely on the effort you put in and openness with with you engage. Naturally, we don’t have control over these. We are here to support you in your journey, but cannot and do not make any guarantees as to results. We may share client testimonials as a way of giving you insight into the experiences others have had, but there is no guarantee your experience will be the same.
15. Confidentiality
We work incredibly hard to product great content and materials for you. We depend on our wonderful community to keep any Content they receive from the site or a Service confidential. You may not share Content with anyone under any means unless we consent in writing. The includes, but isn’t limited, printing and sharing, sharing a screen, sharing your log-in information, taking a screenshot, recording or taking a picture. You may only discuss portions of the Content that require group discussion.
16. Intellectual Property
As between you and us, you understand and agree we own the intellectual property and intellectual property rights to all Content we develop and share with you via our Services unless we say otherwise in the Service. This includes any audio, visual or intangibles we include in a Service. Except for the license granted to you in Section 7, no other rights are given to you and we reserve them. This includes any Content you may appear in visually or audibly, such as video conferences, conference calls or webinars. This website and its features, functionality (Content, trademarks, service marks and logos) are owned by, or if not owned licensed to, TTL and are subject to copyright, trademark, patent, trade-secret and other intellectual property or proprietary rights under the law. You agree not to alter or modify any part of a Service or any copyright, trademark or other proprietary notices appearing in a Service.
17. Billing and Payment
A. Applicable Fees: Applicable fees, such as exchange rates incurred by a bank and/or credit card company, are for the customers account. Customers are also responsible for paying taxes, duty or other customs, tariffs or clearing expenses.
B. Refunds: We will not issue refunds, or make exchanges, for Services once purchased.
C. Payment: Unless we agree otherwise in writing, full payment for all Services must be by credit, debit card or PayPal.
In the event we suspend or terminate your account because of a breach of these Terms, you agree you will not receive a refund or exchange for any unused subscription time, any license or subscription fees for any portion of the Service(s), any Content or data associated with your account, or anything else.
Where there is an unpaid or outstanding payment, TTL may suspend or terminate your use of Services that do not have an unpaid invoice or balance. We reserve the right to withhold payment or charge back to your account any amounts otherwise due to us under these terms, or amounts due because of your breach of these terms.
D. Payment Dispute: All information you provide in connection with a purchase or transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or debit card, used in connection with a purchase or transaction with the Service at the prices in effect when such charges are incurred. If you dispute any payment, you must notify us in writing within forty-eight (48) hours of such payment. Failure to so notify within this time period, or in writing, will result in your waiver of any claim relating to the disputed payment. Once evaluated, if TTL agrees with the dispute it will refund up to the amount paid for the Service.
E. Taxes: Your total price will include the price of the product plus any applicable sales tax, state and/or local sales tax based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
F. Subscriptions: You may choose a subscription plan through the Service. We offer “Annual Subscriptions”, which consist of an initial charge followed by recurring charges every year. By signing up for our Service, you acknowledge your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges before cancellation or termination. The initial payment will be charged at the time of first checkout. Then, we’ll submit periodic charges (e.g., yearly) without further authorization from you, until you opt out of auto-renewal. Payments are automatically withdrawn 30 days following the first payment and every month on that day after. This date cannot be manually changed, as it is set up automatically within our system.
G. Cancellation. To cancel a Service under a subscription, you must make the request by email, no later than one week before your subscription plan is set to renew (for example, you must cancel by December 25th, 2018 if you want to cancel your 2019 charge). Cancelling a Service will not cancel the products or services that have been paid for and no refund will be issued for these items. But it will stop future renewal charges. Any unused time in your subscription will be refunded on a pro-rated rate, provided you aren’t in breach of these Terms. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. We also reserve the right to modify or remove subscription plans without prior notice or liability.
H. Discounts. Promotional codes/discounts are only valid on an initial order, and not with the recurring charges unless we say otherwise. Gift plans and/or e-gift cards must be redeemed within one year of purchase. Once redeemed, they cannot be cancelled/refunded. You will not be eligible for a refund if not redeemed within the expiration date.
18. Communication
As users fill out profiles, applications, listings, questionnaires and attend trainings TTL will collect data that allows it to make recommendations on candidates, employers and additional training. TTL will communicate using any emails you’ve registered with the Service and you agree to this purpose.
Our Services may include functionalities that allow users to communicate with one another. These are offered as a courtesy. We can’t guarantee messages, information, emails, attachments or other materials will be delivered, received, or stored and we disclaim any liability with regard to these.
19. Changing Terms
We may, in our sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by these changes as soon as they are posted. From time to time you should review our most up-to-date version of Terms via [insert specific site link]. To be clear, these Terms apply to all versions of a Service, unless otherwise stated by us in writing. And links referenced in these Terms are hereby incorporated and made a part of these Terms.
20. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction. Any attempt by you to assign that is not consented to will be considered null and void.
21. Trademarks
TTL and all related names, logos, product and service names, designs and slogans are trademarks of TTL or its affiliates or licensors. You may not use these marks without our written permission prior to using. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
22. General
You agree: These Terms are governed by the laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises (in whole or in part) from the Service shall be decided exclusively by a court of competent jurisdiction located in Dallas, Dallas County, Texas and you hereby waive the ability to assert otherwise. These Terms, together with any sites referenced here, or other legal notices published on a Service, constitute the entire agreement between you and TTL concerning a Service. If any provision in these Terms is deemed invalid by a court of competent jurisdiction, its invalidity will not affect the validity of the remaining provisions, which remain in full force and effect. No waiver by TTL of any term or condition set forth in these Terms shall be considered a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TTL to assert a right or provision under these Terms does not constitute a waiver of such right or provision that precludes us from enforcing at a later date.
23. Notice for California Users
If you are a California resident, you can request information regarding the disclosure of your personal information by TTL to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to info@tracytimm.com. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Any feedback, comments, requests for technical support, and other communications should be directed to our customer service through info@tracytimm.com
