Terms of Use

 

 

 

Welcome to the www.awakeandalignedcoaching.com Website. Please read this document in full carefully before you start to use this Website. 

 

By using this Website whether in the desktop, or in an app, and/or mobile version (“Website”), you accept and agree to be legally bound and abide by the following Terms and Conditions of Use and our Privacy Statement incorporated herein, that govern this Website’s content, functionality, systems, interfaces, data, platform, host, and services.  

 

If you do not agree to these terms and conditions, you must not access this Website. 



Changes to This Website Terms

 

We reserve the right to modify these Terms and Conditions of Use and/or Privacy Statement at any time without prior notice, and by using this Website, you consent and agree to the current version. You are asked to review this document periodically and check back for updates to make sure you are familiar with its current version. 

 

While we may update the content on this Website from time to time, we are under no obligation to do so. Its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and you are encouraged to speak with us directly for all essential information. 




Authorized Users

 

You must be authorized to use this Website. If you are using this Website on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms and Conditions of Use by accepting them, you are doing so on behalf of that entity, and all references to "you" refer to that entity. 

 

This Website is offered and available only to users who are 18 years of age or older, and reside in the United States or any of its territories. Users are not permitted to include any person barred from accessing this Website by the applicable laws of the United States or other countries. 

 

By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.




Website Ownership and Function

 

We and our affiliates are the exclusive owners and operators of this Website, and all its signals and contents.

This website may or may not have functionality to detect an IP global security badge or opt-out signal. The functionality will depend upon the type and kind of signal, and that of our third-party vendors providing website platform and services. You are encouraged to treat this Website as unable to detect the signal unless you receive opt-out confirmation. There is no representation made of automatic detection absent confirmation. For opt-out functionality, please visit our Contact page. 

 

This Website and its contents are our exclusive property, including: all images, logos, audio, video, text, graphics, names, descriptions, data and other materials. The contents are protected by U.S. copyright and other intellectual property rights laws. We and our affiliates solely and alone hold all rights to the content on this Website. You agree to by bound by and observe all copyright and other applicable laws. 

 

You agree you may not use the content of this Website in any manner that infringes on or violates the ownership rights of any other person or entity. 




Authorized Website Access 

 

Users are usually allowed access the public-facing pages of this Website without being required to register with us in advance. 

 

Access to non-public pages, such as customer portal pages, are by permission only. If you are assigned permission and granted account access, you agree not to assign or otherwise share your access with any persons not known and authorized by us. 

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. 

 

To register, you are required to provide certain information, including sign-in information, identification and contact details. Any information you give to the Website for the purposes of user identification must always be accurate and up to date and you will inform us promptly of any updates. 

 

You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is also governed by our Privacy Policy, found in our Policy Center, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.



Website Privacy and Confidentiality

 

You will comply with all applicable laws, regulations, and third party rights, including without limitation, laws regarding the import or export of data or software, privacy, local laws, and the Privacy Policy of the Website. 

 

You will require your end users to comply with and not knowingly enable them to violate, all applicable laws, regulations, local laws, and the Privacy Policy of this Website.

 

You will use reasonable efforts as required by law to protect from unauthorized access of any information handled by you, including personally identifiable information. 

 

You will promptly report to us any unauthorized access or use of such information to the extent required by applicable law. 

 

Unless otherwise specified in writing by us, we do not intend use of this Website to create obligations under the Health Insurance Portability and Accountability Act, as amended ("HIPAA"), and make no representations that the System Interface satisfies HIPAA requirements. If you are or become a "covered entity" or "business associate" as defined in HIPAA, you will not use the System Interface for any purpose or in any manner involving transmitting protected health information unless you have received prior written consent to do so.

 

Credentials such as passwords, keys, and client IDs are intended to be used by you exclusively to identify you to this Website. You agree to keep your credentials confidential and make reasonable efforts to prevent and discourage others from using your credentials. Credentials may not be embedded in open source projects. 

 

Our communications to you and this Website may contain confidential or proprietary information. This includes any materials, communications, and information that may be marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without our prior written consent. Our confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose our confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.

 

When non-public content is obtained through the Website, you may not expose that content to other users or to third parties without explicit opt-in consent from us. 

 

You will not use this Website to encourage or promote illegal activity or violation of third party rights. 

 

You will not violate any other terms of service with us or our affiliates.

 

You will only access, or attempt to access, this Website by the means authorized. You will not misrepresent or mask either your identity or anyone else’s identity when using this Website. 




Website Use

 

The contents of this Website may be used for informational purposes only. You are strictly prohibited from copying or otherwise using our property for your own purposes. Any prohibited use of the contents, including the display, transmission, reproduction, modification, distribution, republication, or performance of the contents without our prior written consent is expressly forbidden.



Intellectual Property Rights 

 

This Website and its entire contents, features and functionality, including but not limited to all systems, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by us, our licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

Our company name, logo, and all related names, logos, product and service names, designs, images, logos, slogans and marks, are trademarks and/or service marks belonging the us or our affiliates or licensors. You must not use such marks for any purposes without our prior written permission. All other names, logos, product and service names, designs, images, logos, slogans and marks on this Website are the property of their respective owners. 

 

You agree that the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of this Website are ours, and all use by you of our brand features, including any goodwill associated therewith, will inure to our benefit.

 

You agree that any license or permission you receive from us to utilize this Website is exclusive, nontransferable, non-sublicensable, and allows you access to content containing our brand features only according to these Terms of Use. You will display any attribution(s) required by us, and we have the sole discretion to determine whether you have done so in compliance with these Terms and Conditions of Use. 




You are prohibited from all use of the contents of this Website for commercial profit or gain, including to use, transmit, display, publish, sell or distribute by any or all means, methods or processes whatsoever, now known or hereafter developed, any content of this Website or any derivative works herein. 

 

You are prohibited from any use of this Website, or any of its contents or services, for any purpose that is unlawful in any jurisdiction where this Website is being used, or that is prohibited by these Terms and Conditions of Use. 




Prohibited User Conduct

 

You may use this Website only for lawful purposes and in accordance with these Terms and Conditions of Use. Unless expressly permitted by the owner or by applicable law, you will not, and will not permit you or your end users, or others acting on your behalf, to do any of the following with any content returned from the Website:

 

By using this Website for any purpose, you agree to comply in full and at all times and shall not engage in any of the following:

 

Any use of this Website or its data, whether public, secured, or otherwise, that is not expressly permitted, is hereby expressly prohibited, and even if legal, such use shall require our advance written permission.  



You will not scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;

 

You will not copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;

 

You will not misrepresent the source or ownership; and

 

You will not remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

 

You agree not to use the Website:

 

In any way that violates any applicable federal, state, local or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries; 

 

In any way that violates any applicable federal, state, local or international law of regulation regarding privacy or security of electronic information, regulated transactions, or interferes with the efforts or ability of any other individual, entity, including us or our Website to fully comply. 

 

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

 

To impersonate or attempt to impersonate us, an employee, another user or any other person or entity, including, without limitation, by using e-mail addresses associated with any of the foregoing.

 

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

 

When using this Website, you shall not use, post, send to, send from, or cause to be applied to this site or its data whether public or private, and you will not:

 

Use this Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of this Website, including their privacy or their ability to engage in real time activities through this Website.

 

Sublicense any use by a third party, or create content that functions substantially the same as this Website and offer it for use by third parties.

 

Use any robot, spider or other automatic device, process or means to access this Website for any purpose, including monitoring or copying any of the material on this Website.

 

Use any manual process to monitor or copy any of the material on this Website or for any other unauthorized purpose without our prior written consent.

 

Use any device, software or routine that interferes with the proper working of this Website.

 

Use any device, software or routine that attempts to access any part of this Website, or the platforms or data owned or operated by us to which you are not expressly authorized.

 

Introduce any viruses, trojan horses, worms, logic bombs or other material which is destructive in nature, malicious or technologically harmful.

 

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, or any cloud, server, host, computer or database of this Website or that is connected to or with this Website. 

 

Attack this Website via a denial-of-service attack or a distributed denial-of-service attack.

 

Otherwise attempt to interfere with the proper working of this Website.

 

Defame, or use language that in our opinion is discriminatory, obscene, abusive, or that harasses, stalks, or threatens others.

 

Interfere with or disrupt this Website or any technology providing service to this Website.

 

Enter any content that is in breach of the privacy or confidentiality of others.

 

Enter any content that may cause delay, annoyance, or inconvenience to others.

 

Promote or facilitate disruptive commercial messages or advertisements on this Website.

 

Reverse engineer or attempt to extract the source code from this Website or any related property or software, except to the extent that this restriction is expressly prohibited by applicable law.

 

Use this Website for any purpose that encourages or constitutes a crime or criminal offense, gives rise to criminal or civil liability, or is otherwise in violation of the laws of any jurisdiction where this Website is being used, or where the use or failure of this Website could lead to death, personal injury, or environmental damage.

 

Remove, obscure, or alter any terms of service, preferences or settings available to users or offered by this Website, or in any links to or notices to them. 

 

You shall not employ any process or software to post or send any content for which you have not obtained in advance any and all necessary consents or attempt to gain access to any portions of the Website, its data, or its services, for which you do not have prior written authorization from us or our affiliates. 

 

We permit you to use the Website for your use only. You do not have permission to do any of the following and must not engage in any prohibited use conduct including:

 

Access or use for any unauthorized commercial purposes any part of the Website or any services or materials available through the Website. 

 

Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

 

Reproduce, sell, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on this Website. 

 

Modify copies of any materials from this site.

 

You may be permitted by your Licensing Agreement to do the following:

 

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

 

You may store files that are automatically cached by your Web browser for display enhancement purposes.

 

You may print one copy of a reasonable number of pages of the Website for your own use and not for further reproduction, publication or distribution.

 

If we provide media features with certain content, you may take such actions as are enabled by such features.

 

If you print, copy, modify, download or otherwise use or provide to any other person with access to any part of the Website in breach of these Terms and Conditions of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, and make such pecuniary restitution as we demand. 

 

Use of this Website does not transfer to you any right, title or interest in or to the Website or any content on the Website. Nothing in these Terms or Conditions of Use shall be construed as conferring any rights, intellectual property or other proprietary rights to you or to any other user of this Website. 

 

You agree that you will not make any statement regarding your use of the Website which suggests partnership with, sponsorship by, or endorsement by us without our prior written approval.

 

In the course of promoting, marketing or demonstrating the Website, we may produce and distribute incidental depictions, including screenshots, video, or other content from the Website. You grant us all necessary rights for the above purposes.

 

All other rights not expressly granted are reserved by us. 

 

Any use of the Website not expressly permitted by these Terms and Conditions of Use is a breach, shall constitute your breach of implied contract with us, and may violate copyright, trademark, and other laws.

 

All trademarks or service marks appearing anywhere on this Website are the property of their respective owners. If any product name, service name, feature name or logo does not appear with a trademark (™) it does not constitute a waiver of any intellectual property rights that we, our affiliates, or others have established in any of the names or marks. 




Information About You and Your Visits to the Website 

 

All information we collect on this Website is subject to our Privacy Policy. By using this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

 

YOU AGREE THAT THIS WEBSITE MAY MONITOR YOUR USE TO ENSURE QUALITY, IMPROVE THIS WEBSITE PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include this Website accessing and using your System Interface, for example, to identify security issues that could affect this Website or its users. You will not interfere with this monitoring. This Website may use any technical means to overcome such interference. This Website may suspend your access without notice if we reasonably believe that you are in violation of the Terms.




Law Enforcement

 

We and our affiliates fully cooperate with all court of law or law enforcement authorities requiring us to disclose the identity or other details of any persons using this Website in any non-permitted manner. 




Your Use of Care

 

For your safety and security, and that of others, you should use care when viewing or interacting with this Website. You should not enter personal data or view its contents while distracted, operating machinery or other vehicles, or without carefully reading the terms and understanding them.




This Website Availability

 

We intend for this site to operate normally, and except for required maintenance, to generally be available 24/7, 365 days a year, free from known computer viruses and/or other harmful content. However, no use of internet websites is without any risk, and we are not able to assure users that it will always be available, safe, smooth, or error free. 

 

We reserve the right to withdraw or amend this Website, and any service or material we provide on it, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. 

 

From time to time, we may restrict access to users to some parts of the Website, or the entire Website, including to registered users.



Website Disclaimers of Content

 

The contents of this Website may not be used for unauthorized purposes, including but not limited to medical advice, legal advice, or a replacement for any professional services. The contents of this website is for entertainment purposes only and not a replacement for consulting a physician. Nothing contained on this Website, including opinions expressed herein, are intended to diagnose or treat any physical or mental condition, and are not offered for those purposes. 



Website Disclaimers of Warranty

 

All information on this Website is provided as general information only. Actual services, products, rates, and fees may differ. 

 

Nothing on this Website should be construed as a legal contract. Your receipt of the information available via this Website does not, and is not intended to, create a service agreement. You should not act upon it without first contacting us via email, telephone, or in-person, to sign a service contract.

 

The text and/or images on this Website may contain errors or inaccuracies. 

 

Changes may be made to the information on the Website at any time. 

 

We make no representation or warranty that the Website or its content are free from all defects or viruses. 

 

We disclaim any and all liability arising from your use of this Website, including the need for service on or replacement of your devices resulting therefrom.

 

We make no warranty express or implied, and assumes no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness, or usefulness, of the content of this Website, content located via any links in this Website, nor any of the results obtained from its use.

 

We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services that may be accessed through this Website.

 

THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, as follows: 

 

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY INFORMATION, SERVICE OR PRODUCT PROVIDED THROUGH THIS WEBSITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

 

You understand that we cannot and do not guarantee or warrant that files and other content available from the cloud or the internet or this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

 

THE WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM ITS USE OR FROM ANY INFORMATION CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

THE WEBSITE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, PRIVACY OR SECURITY PRACTICES OR ITEMS FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THIS WEBSITE. NEITHER CAN THIS WEBSITE BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES.

 

YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. IT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON OR BUSINESS ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE METHODS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

 

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

WITHOUT LIMITING THE FOREGOING, THIS WEBSITE AND ITS CONTENTS ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THIS WEBSITE. 

 

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.




Indemnification

 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, US AND OUR AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY USE OF THIS WEBSITE’S CONTENT, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE OR YOUR USE OF ANY INFORMATION OBTAINED FROM THIS WEBSITE. 

 

YOU WAIVE AND HOLD HARMLESS US AND OUR  AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR BY LAW ENFORCEMENT AUTHORITIES.




Assumption of Risk

 

YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. 

 

You agree to use this Website and/or to follow any external links and third-party websites at your own risk, and subject to the terms of conditions for those links and websites. 

 

You agree to be responsible for your own devices, and that you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your devices, and to ensure that you have a complete and current backup of content you value in your devices. 





Limitation of Liability

 

We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of this Website or reliance on the information it contains.

 

IN NO EVENT WILL WE OR OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITE OR LINKS TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITE OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

WE ARE NOT RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT DAMAGE, LOSS OR INJURY, WHETHER ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE, RELIANCE ON,  OR INABILITY TO USE OR RELY ON THIS WEBSITE, OR SERVICES PROVIDED ON THIS WEBSITE, OR THAT RESULT FROM MISTAKES APPEARING ON THIS WEBSITE, OR ANY OMISSIONS, INTERRUPTIONS, DELETIONS, OR ANY FAILURE OF PERFORMANCE, OR OF ANY DATA OR OTHER MATERIALS RESIDING ON OR TRANSMITTED THROUGH THIS WEBSITE, REGARDLESS OF THE TYPE OR NATURE OF SUCH CLAIM, WHETHER OR NOT WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, OR INJURY.




Third-Party Websites

 

Links to or from this Website may allow you to leave this Website and enter third-party Websites that are not under our ownership or control.  

 

If this Website provides any such links to third-party websites, it is either to assist us in processing your services with us, or as a courtesy to you, or for your convenience, and we do not represent, endorse or recommend them.

 

We expressly disclaim any and all responsibility for the contents of third-party linked Websites, and any transmission you may thereafter receive from any third-party Website or advertising. 



Third-Party Vendors

 

This Website’s platform is supported by and receives services and functionality from third party vendors that are not under our ownership or control. We expressly disclaim any and all responsibility for third-party vendors. This Website is offered as a voluntary client service option to conduct transactions with us, such as making payments, scheduling, and other customer activities that may involve personal information. When you interact with this Website, you are interacting with those third party vendors and any data you enter is subject to the privacy policies and terms of use of the third party vendors that support it and provide functionality. When you use this Website, and when you enter personal information in this Website, you are consenting to the sharing of your information with those third party vendors as required for the conduct of our business and the operation of this Website. You should read our Privacy Policy in full and make your cookie and data preferences know through the appropriate links available here. All are located in our Policy Center. 




Linking To This Website

 

If you would like to link to this Website, you may only do so only under the following conditions: 

 

You may only link from a website that you own and control; 

 

You may not replicate any page of this Website;

 

You may not imply in any manner that we or our affiliates endorse you, or any of your products or services; 

 

You may not make false representations about us or about our relationship with you; 

 

This Website is lawful under the rules and regulations of the United States, including that it does not violate any copyright or other intellectual property rights of others;

 

This Website does not contain material that is offensive, divisive, defamatory or inflammatory; 

 

You must not establish a link to any secured portion of this Website;

 

You must not link or in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent; 

 

You must not link from your own or certain third-party website and apps to certain non-secured content owned by us;

 

You must not send e-mails or other communications with certain content, or links to certain content owned by us;

 

You must not cause limited portions of content owned by us to be displayed or appear to be displayed on your own or certain third-party website and apps;

 

You may use these features solely when, if, and as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.;

 

You must not cause this Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;

 

You must not link to any part of this Website other than non-secured homepage; and

 

You must not otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any media features and any links at any time without notice in our discretion. 

 

We expressly reserve the right to compel you to remove any link to this Website from any website that we deem objectionable. 

 

If you link this Website in violation of these Terms and Conditions of Use, then you agree to fully indemnify us for any expense, loss, or damage incurred as a result.




Assignment

 

If you receive our permission, grant of right, or license, whether express or implied, for any matter including items contained in these Website Terms and Conditions of Use, it may not be transferred or assigned by you. 




Governing Law and Jurisdiction

 

We intend the use of this Website within the United State, and make no representation that its content or functions are or may be appropriate for use in, nor in compliance with the laws of any foreign countries. If you access the Website from outside the United States, you do so at your own risk, and accept responsibility for compliance with the laws of the jurisdiction from which you access it. 

 

This Website is created and controlled in the State of New York, United States of America. It is intended for customers receiving services delivered in this jurisdiction. All matters relating to this Website and these Terms and Conditions of Use and any dispute or claim arising therefrom or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule whether of the State of New York or any other jurisdiction.

 

You expressly agree that exclusive jurisdiction for any dispute with this Website resides in the courts of Erie County, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Erie County, New York, in connection with any claim involving this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to these Terms and Conditions of Use and all of the terms and conditions set forth herein.




Term and Termination 

 

You may stop using this Website at any time with or without notice. We reserve the right to terminate you or discontinue your use of this Website, or any portion or feature of it, or your access thereto, for any reason and at any time without liability or other obligation to you.

 

Upon any termination of your access to this Website, you will immediately stop using this Website, cease all use of our brand features, and delete any cached or stored content that may have been permitted by us. We may independently communicate with any account owner whose account(s) are associated with your use of this Website, and their credentials, to provide notice of the termination of your right to use this Website.

 

When your use comes to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to matters of ownership, privacy and confidentiality. 




Statute of Limitations

 

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.




General Terms, Waiver and Severability

 

These Terms and Conditions of Use do not create any third party beneficiary rights or any agency, partnership, employment or joint venture. 

 

Nothing herein will limit either party's ability to seek injunctive relief. 

 

We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. 

 

If you do not comply, and we do not take action right away, this does not mean that we give up any rights that we may have, such as taking action in the future. 

 

No waiver by us of any term or condition set forth shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision shall not constitute a waiver of such right or provision.

 

If it turns out that a particular term or condition is not enforceable, this will not affect any other terms or conditions. 

 

If any provision is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 




Headings

 

Paragraph titles, headings, section numbers and other text identifiers are for convenience purposes only and do not constitute terms in this Agreement. 




Entire Agreement

 

The Terms and Conditions of Use and our Privacy Policy appearing on this Website constitute the sole and entire agreement between you and this Website with respect to all these subjects, and they supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, between us on these subjects. 




Your Comments and Concerns

 

For information about how to contact us, please visit our Policy Center Contact Us page.