TERMS AND CONDITIONS OF USE BY VISITING DELUCSLIFEMEDIA.COM, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS OF DELUCSLIFE MEDIA, LLC.
This Terms and Conditions of Use Agreement is a legal agreement between you and Delucslife Media, LLC (Delucslife), the owner and developer of Delucslifemedia.com. The terms “we,” “us,” and “our” refer to Delucslife. The terms “user,” “you,” and “yours” refer to site visitors, potential clients, and any other users of the site. The term “Service” refers to general information provided to permit you to learn more about our coaching firm, our services, and our professionals, and information about business coaching in general. Use of the Service, including all information and education materials presented, is subject to the following terms and conditions. These Terms and Conditions apply to all website visitors, potential clients, and all other users of the site. By using the Website or Service, you agree to these Terms and Conditions without modification and acknowledge reading them.
By registering for any service provided on Delucslifemedia.com, you become a client (Client), and you agree to be bound by all of the terms (Terms) outlined in this Agreement and any applicable service agreement, as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY DELUCSLIFEMEDIA.COM SERVICE. The Terms are subject to change at any time, effective upon notice to you.
1. Limitations of Liability and Indemnification:
By using any Services provided by Delucslifemedia.com, you agree that in no event will Delucslifemedia.com, Delucslife, its and their officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special, or consequential damages because of your accessing the website and using any of the services available. You indemnify and agree to defend and hold harmless Delucslifemedia.com, Delucslife, its officers, employees, agents, affiliates, licensees, and web hosting services and third parties for any losses, costs, liabilities, and expenses (including but not limited to court costs, legal fees, awards, or settlements) relating to or arising out of your use of Delucslifemedia.com, including any breach by you of the Terms contained in this Agreement. In those states that do not allow the exclusion or limitation of liability for damages, our liability is limited to the fullest possible extent permitted by law. In no event will Delucslife’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Delucslife, and if you made no purchase, Delucslife’s cumulative liability to you would not exceed $100.
2. Use of the Website and Services
Materials on Delucslifemedia.com contain general information only to permit you to learn more about our coaching, our services, and our professionals, and information about business coaching in general. The information presented is not legal advice, is not to be acted on as such, and is subject to change without notice. To access or use the Website or Services, you must be 18 years or older and have the requisite power and authority to enter these Terms and Conditions. Children under the age of 18 are prohibited from using the Website or the Services.
3. Responsibility for Use of Website.
You understand and agree that you are solely responsible for your actions and decisions to meet other people you meet online by virtue of the services provided on Delucslifemedia.com. You understand that Delucslifemedia.com and Delucslife do not perform psychological testing or background checks on the individuals who may use the Delucslifemedia.com services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by Delucslifemedia.com, which includes but is not limited to exchanging email first before giving out any personal information and meeting in a public place.
4. Modification of Terms and Conditions Agreement.
Delucslife reserves the right to change the terms, conditions, and notices about its services. By using Delucslifemedia.com or sending us any personal information, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.
5. Do Not Rely on Delucslifemedia.com.
Opinions, advice, statements, or other comments should not necessarily be relied upon and are not construed as professional advice from Delucslifemedia.com or Delucslife. Delucslifemedia.com and Delucslife do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information.
6. Material You Submit to the Website.
You may not upload, post, or otherwise make available on the Website or via email any artwork, photos, or other materials protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprieties right. The burden of determining if any materials are not protected rests entirely with you. You will 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 you submit to the Website, you automatically represent or warrant that you have the authority to use and distribute the Materials. The use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
7. Intellectual Property Rights to Your Materials.
Delucslife claims no intellectual property rights over the Materials you supply to the Website. You retain copyright and any other rights you may rightfully hold in any content you submit through the Service. The content you submit to the Website remains yours to the extent that you have any legal claims. You grant Delucslife a worldwide, nonexclusive, irrevocable license to display the Materials you supply to Delucslife for business development and marketing purposes only. By visiting the Website, you agree to hold Delucslife harmless from and against all claims, liabilities, and expenses arising from any potential or actual copyright or trademark misappropriation or infringement claimed against you.
8. Warning re: Offensive Information.
While we hope this does not happen, other Delucslifemedia.com Clients may post or send obscene or offensive materials on the site or to you via email. It is also possible that by using your email address, other people may, through other means outside the control of Delucslifemedia.com, have access to personal information about you. Delucslifemedia.com, Delucslife, its employees, agents, affiliates, licensees, and web 3 hosting services are not responsible for these transmissions or the release of such information by others about you.
9. Right to Monitor.
Delucslifemedia.com and Delucslife reserve the right but are not obligated to monitor materials posted in any public area. They have the right to remove any information deemed offensive by our staff. Despite this, you remain solely responsible for your use of any information contained on the site.
10. Confidentiality.
It is agreed that all personal information given to Delucslifemedia.com or Delucslife will be kept confidential by Delucslifemedia.com and Delucslife, with the following exceptions: (1) basic biographical information (i.e., age, sex, race) can be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your email address to that client or (4) you have harassed another person via any service provided by Delucslifemedia.com, in which case the confidentiality clause contained in this Agreement is rendered null and void.
11. Ownership, Copyrights, Trademarks, Licenses.
Delucslifemedia.com and Delucslife own and retain all proprietary rights to the Delucslifemedia.com service, all designs, text, graphics, other files, the selection, and arrangement – “look and feel” – its trademarks, trade dress, and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit, or distribute the proprietary information of Delucslifemedia.com and Delucslife. By posting information to Delucslifemedia.com and Delucslife, you represent that you have the right to grant permission for use by Delucslifemedia.com and Delucslife. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
12. No Warranties.
Delucslifemedia.com and Delucslife provide the Delucslifemedia.com services on an "as is" basis and do not make any warranty, express, implied, limited, or other, for the services provided. Expressly, Delucslifemedia.com and Delucslife do not warrant that the service will always be available, be uninterrupted, be error-free, meet your requirements, or that any defects in the services will be corrected.
13. Refunds and Cancellations.
Delucslife does not provide refunds of any kind for any reason. You are free to cancel your membership and cease participation in our programs. However, this will not warrant a refund of any kind.
14. Right to Refuse Service.
We reserve the right to refuse service to any person or entity without the obligation to assign a reason for doing so.
15. Description of Services.
We endeavor to describe and display our Services as accurately as possible. While we try to be as clear as possible in explaining the Services, please do not accept that the Website is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions.
16. Cookies.
We use session cookies to ensure that your computer displays Delucslifemedia.com effectively. You can accept or decline cookies using your web browser settings. If you choose not to accept cookies from Delucslifemedia.com, you may not be able to take full advantage of its features or receive some of the services Delucslifemedia.com provides.
17. Links and Email Addresses.
Links posted on this Website to other websites are provided only as a convenience to our Clients. You acknowledge that we are not responsible for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Delucslife. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Spamming or the unsolicited broadcast of email addresses or links on this website is prohibited and unauthorized.
18. Lawful Purchases.
You may use the Website and Services for lawful purposes only. You agree to be financially responsible for all purchases you make or made by someone acting on your behalf through the Website. You agree to use the Website and purchase Services through the Website for legitimate, non-commercial purposes only. You will not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
19. Visitors’ GDPR Rights.
According to the General Data Protection Regulation (GDPR), a “data subject” is defined as an identifiable natural person. A natural person can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, or an online identifier. Alternatively, they may be identified by referencing one or more factors specific to that natural person's physical, physiological, genetic, mental, economic, cultural, or social identity. A data subject may be of any age or nationality. As a data subject within the European Union, you are entitled to certain rights under the GDPR. Those rights include:
• You have the right to be informed concerning your personally identifiable information (PII) that we retain. As such, you may request access to the data that we store and the rights to either correct or erase your personal data.
• We will retain any personally identifiable information you choose to provide to us unless: (a) you request for us to delete the information, (b) we stop using our existing data providers, or (c) at our discretion, we decide to remove the data.
• You have the right to seek restrictions on the processing of your data.
• You have the right to object to the processing of your data and the right to the portability of your data.
• You have the right to withdraw consent provided to Delucslife concerning the processing of your personal data, as well as the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred before your withdrawal of consent.
• You have the right not to be subjected to automated decision-making via pre-ticked boxes, additions to our email marketing lists, and the like.
• You have the right to complain to a supervisory authority with jurisdiction over General Data Protection Regulation issues.
• We require only the information that is reasonably necessary to enter a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering a contract with us by way of downloading a lead magnet, webinar, freebie, or any other traditional list-building.
20. Governing Law; Venue; Mediation.
This Agreement or any dispute arising from this Agreement is governed by the laws of California, without regard to provisions of conflicts of law. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement is Los Angeles County, California. The parties will attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which must be conducted under the then-current mediation procedures of the JAMS Mediation, Arbitration, ADR Services, or any other procedure that the parties may agree. The parties’ respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
21. Recovery of Litigation Expenses.
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties will be entitled to recover reasonable attorneys’ fees or other costs incurred in that action or proceeding, in addition to any other relief it may be entitled.
22. Severability.
If any provision is found to be invalid, the remaining provisions will be in full force and effect.
23. No Assignment.
These Terms and Conditions vest to the benefit of the parties’ successors and assigns. You may not assign this Agreement without Delucslife’s prior written consent. Any transfer, assignment, delegation, or sublicense by you is invalid.
24. Certification.
You certify that you are at least 18 years of age and that your answers to the registration materials on Delucslifemedia.com will be truthful. In accessing and using Delucslifemedia.com, you understand that basic information concerning you, given to Delucslifemedia.com, will be published on the website for others to view along with your User ID. Your name, address, and email address are kept confidential, except where provided above.
25. Entire Agreement.
This Agreement constitutes your entire Agreement with Delucslife.com and Delucslife about the Website. You may have a separate agreement that dictates the terms of Services to be provided to you.
26. Waiver.
The failure of Website or Delucslife to exercise or enforce any right or provision of this Agreement does not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Delucslife must be in writing and signed by an authorized representative of the Delucslife.
Notices.
All notices, requests, demands, and other communications under this Agreement must be in writing and properly addressed as follows:
Delucslife Media, LLC
30 N. Gould Street, Suite 3819
Sheridan, WY 82801