Website Terms of Use Agreement

INTRODUCTION

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The terms “I,” “me,” and “my” refer to Melody Taylor-Fliege. The term the “Site” refers to www.lifecoach-melody.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. I PROVIDE A BLOG, DIGITAL PRODUCTS FOR SALE, MEMBERSHIP SITE, (the “Service”). 

 

These Terms of Use shall govern your use of my website. Use of lifecoach-melody.com, including all materials presented herein and all online services provided by lifecoach-melody.com, is subject to the following Terms of Use. These Terms of Use apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms of Use, without modification, and acknowledge reading them. 

 

By using my website, you accept these Terms of Use in full; accordingly, if you disagree with these Terms of Use or any part of these Terms of Use, you must leave this website. 

 

By registering with my website, submitting any material to my website or using any of my website services, you are expressly agreeing to these Terms of Use. 

 

You must be at least 18 years of age to use my website; by using my website or agreeing to these Terms of Use, you explain and guarantee to me that you are at least 18 years of age and have the requisite power and authority to enter into these Terms of Use. 

 

I also refer to my Privacy Policy and Cookies Notice.

 

USE OF THE SITE AND SERVICE 

 

Lifecoach-melody.com makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Lifecoach-melody.com disclaims all liability for any inaccuracy, error, or incompleteness in the content. 

 

ACCOUNT CREATION 

 

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Lifecoach-melody.com will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. 

 

LAWFUL PURPOSES 

 

You may use the Site and Service 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. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. 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. 

 

REFUSAL OF SERVICE 

 

The Services are offered subject to my acceptance of your order or requests. I reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by me until payment has been processed. I may at any time change or discontinue any aspect or feature of the Site or Service, subject to me fulfilling my previous responsibilities to you based on acceptance of your payment. 

 

ORDER CONFIRMATION 

 

You will receive an email to confirm your order and with details concerning product delivery. In the event that there are inaccuracies in this email confirmation, it is your responsibility to inform me immediately. 

 

CANCELLATIONS, REFUNDS & RETURNS 

REFUND POLICY: ALL SERVICES AND PRODUCTS ARE NON-REFUNDABLE. ALL SALES ARE FINAL. 

 

PRODUCT DESCRIPTION 

 

I strive to describe my services as accurately as possible. While I try to be as clear as possible in explaining the Service, please do not accept that the Site is fully accurate, current, or error-free. Occasionally, I may correct errors in pricing and descriptions. I reserve the right to refuse or cancel any order with an incorrect price listing. 

 

MATERIAL YOU SUBMIT TO THE SITE 

 

You shall not upload, post or otherwise make available on the Site any information, artwork, photos, 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. 

 

FORBIDDEN MATERIALS

 

It is forbidden to use my website to copy, store, host, transmit, send, use, publish or distribute any material which is or is connected to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

It is illegal to post materials, which are slanderous or willfully false; infringe any copyright, database right, trade mark right, design right, right in passing off, or other intellectual property right; which violate any right of confidence, right of privacy or right under any data protection legislation; constitute an incitement to commit a crime, instructions for the commission of any crime or the incitement or promotion of any illegal activity; are violating or in contempt of any court; are promoting human rights violations, any racial or religious hatred or discrimination; are violating official secrets legislation;  containing violence or sexually explicit graphics or texts.

 

 

FORBIDDEN ACTIVITY

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You are not allowed to conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to my website without my express written consent; use data collected from my website for any direct marketing activity including email marketing, SMS marketing, telemarketing, and direct mailing.

 

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS 

 

Content you submit to lifecoach-melody.com remains yours to the extent that you have any legal rights in them. You agree to hold lifecoach-melody.com harmless from and against all claims, liabilities, and expenses arising out of any copyright or trademark infringement claimed against you. By posting material on the Site, you grant me a worldwide, nonexclusive, irrevocable right to use the material for promotional, business development, and marketing purposes. 

 

MY INTELLECTUAL PROPERTY 

 

The Site and Service contain intellectual property owned by lifecoach-melody.com, including trademarks, copyrights, proprietary information, and other intellectual property.

I, together with my licensors, own and control all the copyright and other intellectual property rights in my website and the material on my website; and all the copyright and other intellectual property rights in my website and the material on my website are reserved. Except where expressly permitted by provisions of these Terms of Use, you must not download any material from my website or save any such material to your computer.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 Service Content or intellectual property, in whole or in part, without my prior written consent. I reserve the right to immediately remove you from the Service, without refund, if you are found violating this intellectual property policy.

Notwithstanding these provisions you may redistribute my newsletter in print and electronic form to any person.

 

CHANGED TERMS 

 

I may at any time change or amend these Terms of Use. Such changes are effective immediately upon notice by me posting the new Terms of Use on this Site. By using the Site or Service by after being notified means you accept these changes. 

 

LIMITATION OF LIABILITY 

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You agree that under no circumstances shall I be held liable for direct, indirect, incidental, consequential, punitive, or any other damages arising out of your use of the site or service. Additionally, lifecoach-melody.com is not liable for damages in connection with any failure of service, inaccuracies, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; loss of revenue, anticipated profits, business, savings, goodwill or data; and third party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of my 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 lifecoach-melody.com 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, my liability is limited to the fullest possible extent permitted by law. In no event shall lifecoach-melody.com’s cumulative liability to you exceed the total purchase price of the service you have purchased from lifecoach-melody.com, and if no purchase has been made by you lifecoach-melody.com’s accumulative liability to you shall not exceed $100.

THIRD PARTY RESOURCES 

 

The Site and the Service contain links to external websites and resources. You acknowledge and agree that I am not held responsible or liable for the availability, accuracy, content, or policies of third parties, third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Lifecoach-melody.com. You hereby acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. 

 

INDEMNIFICATION 

 

You shall indemnify and hold me harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms of Use, or any use by you of the site or service. You shall provide me with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing me with such information, documents, records, and reasonable access to you, as I deem necessary. You shall not settle any third party claim or waive any defense in such cases as described above without my prior written consent. 

 

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. 

 

ENTIRE AGREEMENT; WAIVER 

 

This agreement constitutes the entire agreement between you and lifecoach-melody.com pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this agreement by lifecoach-melody.com 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 life-coaching-with-melody.

 

NOTICES 

 

All notices, requests, demands, and other communications under this agreement shall be in writing and properly addressed as follows:
admin@lifecoach-melody.com

 

SEVERABILITY 

 

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. 

 

ASSIGNMENT 

 

These Terms of Use bind the parties’ successors and assignees. These Terms of Use are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid. 

 

END OF TERMS

 

Updated February 2023