TERMS AND CONDITIONS
These terms of use (these “Terms”) represent an agreement between you and Skidan Life Performance Coaching and Consulting, LLC (“we,” “us,” or “LPC”) and govern your use of our websites at www.skidanlpc.com and another Websites created by us from time to time (the “Websites”) and any products, materials or services made available by means of any of the Websites (the “Products”). By using any of the Websites or Products, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms.
LPC reserves the right to update the Terms from time to time. We recommend that you occasionally review these Terms for updates.
1. LICENSES
LPC grants you a non-exclusive, non-transferrable, revocable license to use the Websites and the Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Websites or Products at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Websites or Products, in whole or in part, including your right to use any Products, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.
LPC grants you a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes, in accordance with these Terms and any conditions or restrictions associated with a particular courses. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by an authorized representative of LPC.
We generally provide a lifetime access license to our students when they enroll in a course or obtain materials. However, we reserve the right to revoke any license to access and use courses or materials at any time if you are in violation of these Terms or if we are obligated to disable access due to legal or policy reasons.
Lifetime Access is for the lifetime of the Site or Product. If for any reason, we should dissolve of cease to exist, then your access to the Site or Product terminates.
2. PAYMENT
You may purchase licenses to certain Products through a one-time payment, in monthly installments, or as an automatically renewing subscription as specified on the Websites. When you make a purchase, you authorize us to charge the credit, debit card or PayPal account you provide on a one-time or monthly basis, depending on which payment plan you elect. All payments are handled through PayPal and are subject to PayPal’s terms and conditions.
We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following: fraudulent or potentially fraudulent orders, incorrect pricing or non-payment.
3. REFUNDS
Each of the Products sold by LPC on this Site have their own refund policy noted on the sales page and / or check-out page. If you have questions about a specific policy, please email us at oksana@skidanlpc.com before you purchase.
If you receive a refund for a Product, you will have no further right to use that Product. We will have the sole discretion to determine whether you satisfy the eligibility criteria for a refund. For the avoidance of doubt, unless you are eligible to receive a refund, as provided herein, your obligation to continue to make all monthly payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for such Product.
4. YOUR CONTENT
We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Websites, including by commenting on blog posts, by communicating with us directly or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.
You represent and warrant: (a) that you own all intellectual property rights in Your Content and have the right to provide Your Content via the Websites for use as contemplated herein, and (b) that you are at least eighteen (18) years old.
5. YOUR CONDUCT
You agree that you will not:
(i) use the Websites or Products in a manner that (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights; (g) has an adverse effect on our business, reputation or ability to provide Services; or (h) would otherwise be reasonably deemed objectionable under the circumstances;
(ii) violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products;
(iii) use the Websites or Products so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
(iv) violate or attempt to violate the security of the Websites or Products;
(v) reverse engineer, decompile or disassemble any portion of the Websites or Products;
(vi) “scrape” information from the Websites or Products by automated means;
(i) interfere with the ability of others or permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Websites;
(vii) use, redistribute or resell any of the Products or other content of the Websites, other than such unremunerated sharing via social media as may be authorized on the Websites or otherwise in writing by us; or
(viii) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Websites or Products, in whole or in part, except as expressly provided in these Terms.
6. PROPRIETARY RIGHTS
We own the Websites and Products, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property. Theses ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Websites or Products. The Websites and Products are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. LPC retains all rights in the Websites and Products, including all copyright and other proprietary rights worldwide in all media. You may not use the Websites and Products except as expressly permitted under these Terms.
7. INDEMNITY
You agree to indemnify, defend and hold harmless LPC and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. LPC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
8. DISCLAIMERS; LIMITATIONS OF LIABILITY
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES OR PRODUCTS. THE WEBSITES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(b) WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE WEBSITES AND PRODUCTS, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITES AND PRODUCTS, THAT THE WEBSITES AND PRODUCTS WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE WEBSITES OR PRODUCTS.
(c) IN NO EVENT SHALL LPC OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE WEBSITES OR PRODUCTS. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, LPC’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE.
(d) YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE WEBSITES OR PRODUCTS, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE WEBSITES OR PRODUCTS. THE WEBSITES SHALL ARE NOT AND SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE.
9. LAW; JURISDICTION
These Terms shall be governed by the laws of the United States of America and the State of Virginia without giving effect to the principles of conflict of laws. YOU AND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION IN THE STATE OF VIRGINIA.
10. PRIVACY
Your use of the Websites and Products is subject to our Privacy Policy, which is incorporated into these Terms. By using any of the Websites or Products, you acknowledge and consent to our collection and use of information as set forth in the privacy policy.
11. CHANGES
We may modify these Terms at any time by posting changes on the Websites; however, (i) these changes will only become effective and binding with respect to you after we provide notice on the Websites that these Terms have changed and you first use any of the Websites or Products following the date of such posting, (ii) the changes will only apply with respect to your use of the Websites or Products after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Websites or Products. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Websites or Products.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that any of the Websites or Products contain content that infringes on your copyright, please forward the following information by email to oksana@skidanlpc.com:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
13. LINKS
The Site and Products may contain links to Websites that we do not operate. We are not responsible for the content of any such Websites, and you should direct any concerns regarding such Websites to their respective site administrators or webmasters.
14. MISCELLANEOUS
No joint venture, partnership, employment or agency relationship exists between you and LPC as a result of these Terms and/or your use of the Websites or Products. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and LPC with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Websites or Products. LPC may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, LPC shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to LPC. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with LPC. Notices to us shall be sent by email to oksana@skidanlpc.com.