Please read the following general website Terms and Conditions (these “T&Cs”, “TOS” or “Agreement”) carefully before accessing the deliberatecareers.com website (the “Site”), reviewing any information or blog posts, submitting any comments to the Site or using the various Products offered for sale, as defined below, so that you (“Customer,” “User”) are aware of your legal rights and obligations with respect to Deliberate Careers, LLC, the Site and any of its affiliates, parents and subsidiaries (individually and collectively, “Deliberate Careers,” “the Company,” “we,” “us” or “our”).
1. Description of the Site: The Site is designed to allow users to view the Company descriptions of services and blog, receive newsletters with information and offers, comment on the Site blog posts, and purchase related products, including but not limited to downloadable books, courses, files, and Company merchandise. The Site enables its customers, users and visitors (together “Customers”) to view information related to its various products and services, including but not limited to downloadable content, the sale of e-books and other merchandise (together, the “Products”). The Company may also impose limits on certain Site services and features (together “Services”), limit any Products or Services, and restrict access to parts of the Site or to the entire Site in The Company’s sole and absolute discretion and without notice or liability to anyone. Use of this Site does not create a professional client relationship between the user and Deliberate Careers; such a relationship will only be formed by separate written agreement for services between the parties.
These T&Cs apply to all Users of the Site. The Site may include proprietary and third-party information, including but not limited to all products, pictures, reviews, labels and other information supplements, in textual, visual, audio, video or other digital formats offered via the Site.
Certain Company Products, including electronically downloadable courses (“E-courses”), may be provided through Shopify. For such Products, both these T&Cs and any applicable Shopify terms of service will govern the transaction.
2. IMPORTANT INFORMATION TO NOTE:
BY ENTERING YOUR EMAIL ADDRESS AND MAILING ADDRESS ON THIS SITE, YOU AGREE TO RECEIVE FREE CONTENT AND PROMOTIONAL OFFERS FROM THE COMPANY. USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.
6. Term and Termination: The Company may decide at any time in its sole and absolute discretion whether to remove or terminate a Customer’s access to the Site, its Services or any Product, for any reason, including but not limited to violations of these T&Cs. The Company may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by The Company or upon transmittal by us. However, your obligations of indemnification pursuant to these T&Cs shall survive any termination of such Site access.
Unless otherwise stated in writing by either party, the relationship between Customer and The Company shall continue in perpetuity.
7. Content on Site: All information provided on the Site is believed to be accurate at the time of publication. Please note that we may display an image of only one of the sizes of a Product, as images for all sizes may not be available.
You may access such information solely:
- For your general information and personal use; and
- As intended through the normal functionality of the Site.
THIS SITE MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES AND CUSTOMERS. THE COMPANY IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.
The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use
8. Proprietary Rights of Content: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features, (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to The Company, subject to all intellectual property rights, including but not limited to trademark, copyright, licensing, patent, trade secret and other proprietary rights laws. The copying, redistribution or publication by you of any part of the Site, Services or Products is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Products or other materials viewed at, on or through the Site, Services or Products. The posting of information or material at or on the Site by The Company does not constitute a waiver of any right in such information and materials. All images, text, design and layouts are copyright protected under the Federal Copyright Law and are the sole property of The Company or its licensors. No form of reproduction of these images and photographs, including downloading, copying or saving of digital image files is authorized without the express written consent of The Company.
9. Content Submitted by Customers: Customers may submit or post personal reviews, opinions or experiences regarding blog posts on the Site. The personal reviews, opinions or experiences are those of the respective Customers and not of The Company, and should not necessarily be relied upon. Customers who post any content are solely responsible for the accuracy, completeness or usefulness of such content. The Company does not guarantee the accuracy, completeness or usefulness of any information made available by Customers on the Site and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site. Customers understand and agree that The Company will not be responsible for, and Customers hereby agree to hold The Company harmless from, any and all loss or damage resulting from anyone’s reliance on information or other content posted on the Site by other Customers of the Site.
10. Customer Submissions and Comments. This section governs the Submission of any comments or other content to the Site. As Customers, you may post comments on various Site blog posts (“Submission(s)”). Customers agree that whether published or not, The Company does not guarantee the confidentiality of their Submissions. The Company does not condone or tolerate the submission of illegal or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree, and are fully subject, to these content terms (“Content Terms”). These Content Terms govern each and every Submission that you post to the Site. In consideration for posting your Submissions to the Site, you represent, warrant and agree that:
- Are eighteen (18) years of age or older;
- Are an emancipated minor and you are no younger than thirteen (13) years of age;
- Possess the necessary legal parental or guardian consent to enter into these T&Cs and you are no younger than thirteen (13) years or age;
- You, and any other individual(s) portrayed or identified in the Submissions, were at least eighteen (18) years of age at the time that the Submissions were taken, made or created or you have previously obtained from their legal parent or guardian the consent for such use, publication and display.
- You are the individual identified in the Submissions or, if the Submissions identify other individual(s), that you have previously obtained from the individual(s) identified, or their authorized representatives, the written permission and consent for such use, publication and display. You further agree that you will provide The Company with a copy of such written permission and consent upon request.
- The Submissions do not contain obscene material, as defined under US local, state or federal law, including, but not limited to, violence, other illegal activities, nudity or contraband;
- You have full rights to use and dispose of any rights including, without limitation, any and all copyrights, associated with the Submissions;
- You agree to defend, indemnify, and hold harmless The Company, its representatives, and assigns from any disputes, complaints, or legal action taken against you for intellectual property infringement activity related to the Submissions, including, but not limited to, trademark, copyright, or patent infringement;
- No other party has any rights, including intellectual property rights, to the Submissions;
- The Company may, in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason or no reason.
11. Online Conduct: You agree to use the Site in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. You agree not to:
- Post, or attempt to post, any text, audio, photographs, videos or other images containing offensive or confidential information;
- Impersonate any person or entity;
- “Stalk” or otherwise harass any person via the Site;
- Engage in advertising to, or solicitation of, other Customers to buy or sell any products or services through the Site;
- Transmit any spam or junk e-mail to other Customers;
- Express or imply, without The Company’s specific, prior, written consent that any statements you make are endorsed by The Company;
- Harvest or collect personal information about other Customers, whether or not for commercial purposes, without their express consent;
- Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of The Company or the owner of such proprietary rights;
- To access the Site through any technology or means other than through the means provided on the Site themselves or other explicitly authorized means The Company may designate;
- Interfere with or disrupt the Site, or the servers and networks connected to the Site;
- Post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
- “Frame” or “mirror” any part of the Site, without The Company’s specific, prior written authorization;
- Use metatags, code or other devices containing any reference to The Company or the Site in order to direct any person to any other website for any purpose; or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and
- To use the Site, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of The Company. Prohibited commercial uses include any of the following actions taken without The Company’s express consent: (i) sale of access to the Site, Products or Services on another website; or (ii) use of the Site, Products or Services for the primary purpose of gaining advertisements or subscription revenue.
Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these T&Cs and may result in the immediate termination of your right to access the Site. The Company reserves the right to pursue any and all legal remedies against Customers who engage in any of the aforementioned prohibited conduct. However, in any event, The Company assumes no responsibility for the conduct of other Customers of the Site.
12. License Grant: Company grants to the User a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content), Products or Services in accordance with this Agreement. The Company retains the right to terminate this license, without notice, in The Company’s sole and absolute discretion, at any time for any reason whatsoever. The Company also reserves any rights not explicitly granted in these T&Cs.
No part of the Site, Products or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Products or Services, or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site, Products or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
15. Indemnification: You agree to indemnify, defend and hold The Company, and its representatives and assigns (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, its Services or the Products, or (ii) arising from your violation or breach of any term of these T&Cs or any policies, rules or guidelines referenced herein.
16. Warranties: You expressly agree that access or use of the Site or its Services is at your sole risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and Services may contain bugs, errors, problems or other limitations.
THE COMPANY MAKES NO WARRANTY THAT (I) THE SITE OR ANY INFORMATION THEREIN WILL MEET ANY PARTICULAR REQUIREMENT OR EXPECTATION, (II) THE SITE ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR PRODUCTS WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY, ACCURACY, LIKELY RESULTS OR RELIABILITY OF ANY PRODUCTS, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Third-party Websites: The Site may contain links to other websites, as well as links, banner advertisements, pop-ups or other online methods to redirect you to other third-party websites not owned or controlled by The Company. The Company has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party site. By using the Site, you expressly relieve The Company from any and all liability arising from your use of any third-party website. Furthermore, The Company does not endorse, and is not responsible or liable for, any content, advertising, services, products or other materials at or available through such third-party websites or resources, or for any damages or losses arising therefrom.
Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will bound by the terms and conditions, policy policies, and rules and regulations of any The Company or third-party website you access through the Site.
17. Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be revised to the extent that is possible to carry out the parties’ intent. If such revision is not possible, that portion shall be severed and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
The Company’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement.
You expressly authorize The Company to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
The titles and subtitles used in this Agreement are used for convenience only and shall not be considered in the interpretation of this Agreement.
These T&Cs constitute the entire agreement of The Company’s Terms of Service with respect to the Site, Services and Products provided herein.
19. Taxes: You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Service, including any district taxes in your jurisdiction.
20. Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS OTHERWISE PROHIBITED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MATTER RELATING TO THE SITE, PRODUCTS OR SERVICES. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF PURCHASES MADE THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, SERVICES OR PRODUCTS.
21. Governing Law and Dispute Resolution:
This Agreement shall be treated as though it were executed and performed in Travis County, Texas, USA and shall be governed in all respects by the laws of the State of Texas without regard to its conflicts of laws provisions.
Before resorting to the formal dispute resolution steps listed below, The Company requires you to first contact us directly to seek a resolution by sending an email to firstname.lastname@example.org. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall first be submitted to mediation in Austin, Travis County, Texas by a mediator appointed by The Company. Both parties will share the costs of mediation. If the dispute is not resolved after attempted mediation in good faith, the matter shall be settled by a district court in Austin, Travis County, Texas.
Except as otherwise provided in this Agreement, the parties agree that any dispute or controversy arising out of, relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement will be resolved by a district court of appropriate jurisdiction in Travis County, Texas. BY CONSENTING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO FILE A CLASS ACTION LAWSUIT.
Notwithstanding the foregoing, you acknowledge that violation of these Terms and Conditions may cause Company to suffer immediate and material irreparable harm with incalculable damages that would be inadequately remedied by money damages. In response to such violations, Company may seek immediate equitable relief against you, including, but not limited to, specific performance, temporary restraining order and injunctive relief, without first pursuing informal resolution or mediation.
23. Typographical Errors: In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from a supplier, The Company shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Company shall immediately issue a credit to your credit card account in the amount of the charge.