TERMS OF SERVICE
By visiting www.moneyandmimosas.com, you are consenting to these Terms of Service (“Agreement”).
The terms "we," "us," and “our” refer to Danetha Doe Consulting Inc., d/b/a “moneyandmimosas” (“COMPANY”). The term “Site” refers to www.danethadoe.com and www.moneyandmimosas.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Use of the Site, including all materials presented herein and all online services provided by COMPANY, are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Services, you agree to these Terms of Service, and acknowledge reading them.
2. Use of the Site & Service
2a The COMPANY is a financial education business for entrepreneurs, business owners, and consultants. The Site provides information about our services (collectively, “the Services”), which include financial management trainings. The Site also provides general information about money management and business. The Site allows users to send us requests to enroll in our courses, and requests for other kinds of engagements and/or events.
2b The Site is generally relevant only to those who have capacity to contract. Therefore, to access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or purchasing the Services.
2c Information provided on the Site and in the Services is subject to change. COMPANY makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. COMPANY disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
3. Account Creation
In order to use the Services, you may be required to provide various information about yourself including your name, email address, and other personal information. You agree that any information you give to us on the application for our course offerings, elsewhere on the Site, or by email, will always be accurate, correct and up to date. You must not impersonate someone else or provide account information, an email address or any other information that is not your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction. COMPANY reserves the right to cancel your participation in the Services or in any service provided by COMPANY, without refund, if you provide false information to us.
If applicable, you are responsible for maintaining the confidentiality of your password and for logging out of your account at the end of each visit. You are responsible for all activities (whether or not authorized by you) that occur through your account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. COMPANY shall not be liable for any loss or damage arising from your failure to protect your password or account information.
4. Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
5. Lawful Purposes
You may use the Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site or initiated via contact through the Site. You agree to use the Site and to purchase services through the Site for the intended purposes, namely, to benefit you and your business. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
6. Refusal of Service
The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until written confirmation stating our acceptance is provided to you. Deposit payments will be refunded to any party who is denied Services. We may at any time change or discontinue any aspect or feature of the Site or Services, subject to us fulfilling any previous responsibilities to you based on acceptance of your order.
7. Enrolling in Financial Foundations for Coaches and Consultants
The Site allows you to apply to enroll in our course, Financial Foundations for Coaches and Consultants. After COMPANY receives your application, we initiate a phone conversation, and then proceed with the enrollment process. If you do not hear back from COMPANY within three business days after submitting an application, this means we did not receive your application, and in this event, it is your responsibility to notify us at email@example.com.
8. Service Description
We endeavor to describe and display the Services as accurately as possible. While we try to be as clear as possible in explaining the Services, we cannot promise that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.
9. Material You Submit to the Site
You shall not upload, post, or otherwise make available on the Site or via email any artwork, photos, text, or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
10. Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the Materials you supply to COMPANY. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Services. Content you submit to the Site remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant COMPANY a world wide, nonexclusive, irrevocable license to display the Materials you supply to the Site for business development and marketing purposes only. By visiting the site, you agree to hold COMPANY harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you or us relating to Materials posted by you.
11. Our Intellectual Property
The Site and Services contain intellectual property owned by COMPANY including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Services content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Services, without refund, if you are caught violating this intellectual property policy.
12. Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Services by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Services, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
13. Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICES, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS,
SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICES YOU HAVE PURCHASED FROM COMPANY, AND IF NO PURCHASE HAS BEEN MADE BY YOU COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
14. Third Party Resources
The Site and the Services contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with COMPANY. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
16. Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
17. Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and COMPANY pertaining to your use of the Site and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by COMPANY shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by COMPANY.
All notices, requests, demands, and other communications under this Agreement shall be sent by email addressed to firstname.lastname@example.org
19. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. COMPANY'S Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: email@example.com
20. Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Alameda County. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
21. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you, accept upon approval by COMPANY. Any transfer, assignment, delegation or sublicense by you is invalid.
Updated: April 2016