TERMS AND CONDITIONS OF USE
A. Assent to Agreement
Maria Saracen (“COMPANY”) welcomes you to this website, MariaSaracen.com (“SITE”). If the user in not an individual, then “you” means your company, its officers, members, agents, successors and assigns.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS, PLEASE DO NOT USE THIS SITE OR DOWNLOAD ANY MATERIALS PROVIDED ON THIS SITE.
B. Restrictions of Use
Except as otherwise permitted in writing by COMPANY, no materials from the SITE may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material provided by COMPANY for your non-commercial, personal educational use only. Linking to content on this SITE is permissible and does not require written permission. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
You may not use any features of this SITE to communicate any of the following:
a. Defamatory, threatening, obscene, harassing, or otherwise unlawful information;
b. Solicitation, spam, chain letter, or other similar type of information;
c. Encouragement of illegal activity;
d. Unauthorized use or disclosure of private, personally identifiable information of others; or v. Materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
C. Intellectual Property
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. All copyright and other proprietary rights are retained and reproduction is prohibited.
D. Representations and Warranties
Neither COMPANY nor its affiliates, officers, directors, employees, agents, third-party content providers, licensors (collectively, “PROVIDERS”) or the like, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this SITE for any particular purpose. You acknowledge that such information and materials may contain inaccuracies, errors or omissions and we expressly exclude liability for any such inaccuracies, errors or omissions to the fullest extent permitted by law.
COMPANY reserves the right, in its sole discretion, to correct any inaccuracies, errors or omissions in any portion of the SITE. Furthermore, COMPANY may make any other changes to this SITE, the materials, products, programs, services or prices described in this SITE at any time and without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Your use of any information, materials, products, services or 3rd party services available through this SITE is entirely at your own risk, for which COMPANY shall not be liable.
It is your responsibility to ensure that any products, services, materials or information available through this SITE meet your specific requirements. Where applicable, please consult a licensed professional before making any changes to your lifestyle, career, finances or other significant aspect of your life or business.
E. Limitation of Liabilities
YOU AGREE THAT COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THE SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.
IN NO EVENT, SHALL COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THE SITE, YOUR USE OF, OR INABILITY TO USE, THE SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless COMPANY, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this AGREEMENT, violation of any law or regulation, or violation of any proprietary or privacy right.
H. Limitations on Claims
Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises.
I. Term and Termination
Without limiting its other remedies, COMPANY may immediately issue a warning, suspend, terminate or block your access to this SITE at any time and at COMPANY’S sole discretion.
J. Hyperlink Disclaimers
Furthermore, by clicking on a LINKED SITE, you do so at your own risk and it is your sole responsibility to take all precautions to guard against viruses and other destructive elements. IT IS AT YOUR SOLE DISCRETION TO VISIT ANY LINKED SITE AND DOING SO IS ENTIRELY AT YOUR OWN RISK.
K. Refund policy
To ensure your full satisfaction, there is a 30-day refund period for your purchase of any COURSE, which begins on the date of your purchase. In order to qualify for a refund, you must submit proof that you did the work and that it did not work for you.
In order for your refund to be granted, you must submit ALL of the following with your request:
– Your fully completed and filled out COURSE Planner or other similar material provided.
– A description of all the steps you have taken to use COURSE.
– Why you believe that the COURSE is not working for you.
– Confirmation that any and all WordPress themes, plugins or other downloadable content that may have been provided to you has been permanently removed and deleted from your site and computer.
Please contact our support team at firstname.lastname@example.org and let us know you’d like a refund on or before the 30th day at 11:59 EST. We will NOT provide refunds more than 30 days following your date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the COURSE, regardless if you complete it.
L. Law and Venue
The site is controlled, operated and administered by COMPANY from its offices in Warwick, Rhode Island, United States of America. If you access this site from locations outside of the United States, you are responsible for compliance with all local laws.
This Agreement shall be governed by the laws of the State of Rhode Island, without giving effect to its conflict of laws provisions. This is the case regardless of whether you reside or transact business with COMPANY in Rhode Island or elsewhere. You agree to submit to the personal and exclusive jurisdiction of the courts located within Providence County, Rhode Island.
M. Entire Agreement
This Agreement constitutes the entire agreement between COMPANY and you with respect this SITE and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Simpler Consulting with respect to this SITE.
If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
N. Modifications to Agreement
COMPANY may revise the content on this SITE as well as this Agreement at any time. You agree to be bound by revisions to this Agreement on the date they are first posted to this SITE.
It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. COMPANY does not and will not assume any obligation to notify you of revisions to this Agreement.
COMPANY is committed to ensuring that your privacy is protected. Should you be asked to provide certain information by which you can be identified when using this SITE, then you can be assured that it will only be used in accordance with this privacy statement.
COMPANY may change this policy from time to time by updating this page. It is your responsibility to check this page from time to time to ensure that you are happy with any changes. This policy is effective from March 11, 2015.
What we collect
COMPANY may collect the following information:
- your name
- your contact information including your email address
- payment information if you are purchasing services or programs (though this will most likely be done through 3rd party payment services.)
What we do with the information we gather
COMPANY requires this information in order to send you the information and materials you have requested to receive. These materials include but are not limited to digital downloads, educational materials and notifications of events, products and special offers that COMPANY believes you will find valuable to the operation of your business.
COMPANY is committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, COMPANY makes every effort to safeguard and secure the information it collects online. Your information will NEVER be sold or shared.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site.
Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.
Links to other websites
SITE contains links to other websites – some of which are affiliate links. If you click on these links to leave SITE, you should note that COMPANY does NOT have any control over these other websites. Therefore, COMPANY cannot be held responsible for the content on those websites or the protection and privacy of any information which you provide whilst visiting these sites. As such, these websites are not governed by this privacy statement.
Please refer to the privacy statement applicable to each specific website you visit and know that you do so AT YOUR OWN RISK. (Please see Section J in “Terms and Conditions” for more information.)
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways: You may unsubscribe from COMPANY’S mailing list at any time you so choose. You will find the “unsubscribe” link at the bottom of every email you receive from COMPANY.
COMPANY will not sell, distribute or lease your personal information to third parties unless required by law to do so.