Chapman’s Consulting Experience LLC Privacy Policy
Last updated: March 11, 2022
This Privacy Policy describes how Chapman’s Consulting Experience LLC (“we” or “us”) collects, uses, and shares your personal information when you use our website www.chapmansconsultingexperience.com(the “Site”).
Topics:
· Personal information we collect
· How we use your personal information
· How we share your personal information
· How we store your data
· Email marketing
· Behavioral advertising
· Your data protection rights
· Third party websites
· Changes
· Contact Us
Personal information we collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically collected information as “Device Information”.
We collect Device Information using the following technologies:
· “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
· “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
· “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
We use Device Information for:
· Functionality: To recognize you on our website and recognize your previously selected preferences, including your preferred language and your location.
· Advertising: To collect information about your visit, the content you viewed, the links you followed, and information about your web browser, device, and IP address.
We sometimes share limited aspects of this data with third parties for advertising purposes.
You can set your browser not to accept cookies, and the website above tells you how to remove cookies from your browser. Some of our website features may not function if you disable cookies. Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
We also collect data you provide to us directly. We refer to the data you provide as “Provided Information.” We collect and process data you provide when you:
· Register online or place an order for any of our products or services
· Voluntarily complete a customer survey or provide feedback on any of our message boards or via email
The Provided Information we collect may include:
· Personal identification information (name, email address, phone number, etc.)
· Billing information (billing address, shipping address, payment information, including credit card numbers, etc.)
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Provided Information.
How we use your Personal Information
We use the Provided Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, delivering products, and providing you with invoices and/or order confirmations). Additionally, we use Provided Information to:
· Communicate with you.
· Screen our orders for potential risk or fraud; and
· When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
How we share your Personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. [If applicable: For example, we use Google Analytics to help us understand how our visitors use the Site - you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.]
The types of third parties with whom we might share elements of your Personal Information include:
· Payment processors engaged by us to securely store and handle payments information, such as credit or debit card information
· Providers of email management and distribution tools
· Providers of security and fraud prevention tools and services,
· Providers of data aggregation and analytics software services that allow us to effectively monitor and optimize our site
We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or another lawful request for information we receive, or to otherwise protect our rights.
How we store your data
We securely store your data with GoDaddy
We use commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of information stored on our servers. Of course, no computer network or data transmission on the internet can be guaranteed to be 100% secure and so you submit your information at your own risk.
We will maintain your Personal Information for our records unless and until you ask us to delete this information.
Email Marketing
If you make a purchase on this Site and/or opt in to receive emails, you agree to receive email communications from this site, including but not limited to newsletters, site updates, promotions, and other announcements and correspondence. We are not responsible for the receipt of any such emails. You are responsible for ensuring that our email address(es) are not blocked or forwarded to your spam folder.
You have the right at any time to stop us from contacting you for marketing purposes. If you opt to unsubscribe from receiving emails, you understand that you may no longer receive information or updates from this Site, including promotions.
Behavioral advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt-out of targeted advertising by using the links below:
· Facebook: https://www.facebook.com/settings/?tab=ads
· Google: https://www.google.com/settings/ads/anonymous
· Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/.
Your data protection rights
If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. Under certain conditions, you may also have the right to restrict or object to our processing of your data, and to request that we transfer your Personal Information to another organization. If you would like to exercise any of these rights, please contact us through the contact information below.
Additionally, if you are a European resident, we note that we are processing your information to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Please note that your information will be transferred outside of Europe, including to Canada and the United States.
Third-Party Websites
Our privacy policy applies only to our website. We are not responsible for the data collection, privacy practices, or policies of any third-party site to which we may provide a link or that may link to our site. We encourage you to read the privacy statement and terms of use of other sites.
Changes
We may update this privacy policy from time to time to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.
Complaints
Please contact us if you have any complaints about how we use your Personal Information so we can resolve the issue whenever possible. Residents of the European Union also have the right to lodge a complaint with your local data protection regulator, such as the Information Commissioner’s Office in the UK.
Contact us
For more information about our privacy practices, if you have questions, or if you would like to exercise your data protection rights, please do not hesitate to contact us.
Email us: samika@chapmansconsultingexperience.com
Call us: 1-855-379-1310
Write to us: 1021 Paige Drive, McComb, MS 39648
DISCLAIMER
This website is owned and operated by Chapman’s Consulting Experience LLC (“Company,” “we,” or “us”).
This Disclaimer, together with the Terms & Conditions of Use and Privacy Policy, governs your access to and use of www.chapmansconsultingexperience.com including any content, functionality, products, and services offered on or through www.chapmansconsultingexperience.com (the “Website”), whether as a guest or a registered user.
Please read the Disclaimer carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms & Conditions of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer. If you do not want to agree to the Disclaimer, you must not access or use the Website.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information contained on this Website and the resources, information, webinars, videos, blog posts, courses, downloads, and/or products available through this Website, whether free or paid, (the “Resources”) are for educational and informational purposes only. The Company assumes no responsibility for errors or omissions in the contents of the Website.
EXTERNAL LINKS
The Website may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company. Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
NOT LEGAL ADVICE
The information contained on this Website and the Resources are not intended as, and shall not be understood or construed as, legal advice. While we may provide some supplemental and occasional trainings or articles on legal topics taught or written by attorneys or legal professionals, the information contained on this Website is not a substitute for legal advice from a licensed attorney who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on this Website and the Resources are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with an attorney to address your particular information. The Company expressly recommends that you seek advice from an attorney prior to taking any actions.
Neither the Company nor any of its employees, owners, or contributors shall be held liable or responsible for any errors or omissions on this Website or the Resources or for any damage you may suffer as a result of failing to seek competent legal advice from a licensed attorney who is familiar with your situation.
NOT TAX ADVICE
The information contained on this Website and the Resources are not intended as, and shall not be understood or construed as, tax advice. The information contained on this Website is not a substitute for tax advice from a professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on this Website and in the Resources are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a tax professional to address your particular situation. The Company expressly recommends that you seek advice from a professional.
Neither the Company nor any of its employees, owners, or contributors shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent tax advice from a professional who is familiar with your situation.
Neither the Company nor any of its employees, owners, or contributors shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a health care professional who is familiar with your situation.
NOT PROFESSIONAL ADVICE
The information contained on this Website and in the Resources is not intended as, and shall not be understood or construed as, professional advice. While the contributors, employees and/or owners of the Company are professionals and the information provided on this Website relates to issues within the Company’s area of professionalism, the information contained on this Website is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular situation. The Company expressly recommends that you seek advice from a professional.
Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of this Website, including implementation of any suggestions set out in this Website and/or use of any of the Resources, does not create a professional-client relationship between you and the Company or any of its professionals.
You recognize and agree that we have not created any professional-client relationship by the use of this Website.
USER’S PERSONAL RESPONSIBILITY
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website and in the Resources. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website or in the Resources.
NO GUARANTEES
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website succeed in life, business, and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients or customers of the Company or otherwise, applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
ERRORS AND OMISSIONS
This Website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up to date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or the Resources prior to taking any action. You expressly agree not to rely upon any information contained in this Website or in the Resources.
TESTIMONIALS
At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.
Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by the Company.
REVIEWS
At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review.
Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this website.
We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to samika@chapmansconsultingexperience.com that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.
AFFILIATE LINKS
From time to time, the Company may participate in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
The Company will inform you when one of the links constitutes an affiliate link.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for you or your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
NO ENDORSEMENTS
From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
EARNINGS DISCLAIMER
From time to time, the Company may report on the success of one of its existing or prior clients/customers. The information about this success is accurately portrayed by the Company. You acknowledge that the prior success of others does not guarantee your success.
As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all, and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire, and motivation.
The use of our information, products and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Website.
CONTACT US
We welcome your questions or comments regarding the Disclaimer:
Mailing Address: 1021 Paige Drive, McComb, MS, 39646
Email Address: samika@chapmansconsultingexperience.com
Chapman’s Consulting Experience
TERMS OF PURCHASE
Last updated: March 17, 2022
Please read these Terms of Purchase (“Terms”) carefully before completing your purchase of any course, product, or program (“Product”) from Chapman’s Consulting Experience LLC (the “Company”, “we”, “our”).
The Product(s) may include live course access; live group coaching calls via live video stream or video conferencing software; course content and materials; guides, resources, checklists available for viewing or download; or other information and materials furnished by the Company (collectively, “Content”) and access to a website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute our Product(s), a group on any social media platform, or similar online community (the “Site”). By purchasing access to the Product(s), you agree to abide by these Terms and our Website Terms & Conditions, Privacy Policy, and Disclaimers (collectively, these “Terms”). By completing your purchase and accessing or using the Product(s) you agree to be bound by these Terms. If you disagree with any part of these Terms, you should not complete your purchase. In the event of any conflict between these Terms and the Website Terms & Conditions, Disclaimers, or Privacy Policy, these Terms shall control.
You must be at least 18 years of age or older to purchase from the Company.
PAYMENT POLICY
1. Payment Policy
In consideration for your access to the Product(s), you agree to pay for the Product(s) in full (including all applicable sales and other taxes or fees) as indicated on the sales and checkout pages for such Product(s) and for providing the Company with a valid credit card, debit card, or other payment method.
To complete your purchase, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply to the Company is true, correct and complete.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected including purchases made with pre-paid credit cards. The Company reserves the right to refuse or cancel your order at any time for any reason, including but not limited to product or service availability, errors in the description or price of the product or service, or errors in your order.
We may use third party services for the purpose of facilitating payment and the completion of your purchase. By submitting your information, you grant the Company the right to provide your payment information to these third parties subject to our Privacy Policy.
2. Monthly Subscription Payments
The Program is offered on an ongoing basis under a monthly subscription model. By completing your purchase, you authorize the Company to charge your payment method on file on the same day of the month for each month until you decide to cancel your enrollment in the Program.
If all eligible payment methods the Company has on file for you are declined for payment of your monthly payment, you must provide a new eligible payment method promptly or your access to the Site and all Content and right to participate in the Program will be revoked immediately after the missed payment. You will also not receive access to future versions of or updates to the Program until all payments are made in full.
You may cancel your access to the Program and revoke our permission to charge your payment method on file at any time by emailing samika@chapmansconsultingexperience.com. You may change your payment method on file at any time by emailing samika@chapmansconsultingexperience.com
2. Payment Plan Option
If you select the payment plan, your card will be charged the first payment at checkout in the amount indicated on the checkout page and subsequent payments will be charged on the same day of the month until all payments are made in full.
If all eligible payment methods the Company has on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your access to the Site and all Content will be revoked [immediately] after the missed payment. You will also not receive access to future versions of or updates to the Product(s) until all payments are made in full.
If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to our sole discretion until the account is caught up and in good standing.
To be clear, a payment plan is not a subscription payment model that can be canceled or a “pay in part” program where you can pay only for access to certain course materials and not others. The payment plan is a convenience that the Company offers so that you can make the price sustainable.
REFUND POLICY
Due to the digital and informational nature of the Product(s), refunds are NOT granted for the following Product(s): www.chapmansconsultingexperience/shop
If you realize a Product, you purchased is not right for you, please email samika@chapmansconsultingexperience.comwithin [3] days of your purchase, and the Company will promptly issue an instruction to our payment processor to refund your payment. A credit will be applied to your credit card or other original method of payment. The Company does not control its payment processor and will not be able to expedite any refunds.
All refunds are subject to the following conditions:
· To be eligible for a refund of the purchase price of a course, you will be required to demonstrate that you have completed the course and all worksheets or homework included with the course. Please submit your completed coursework along with your refund request before the deadline for refunds.
· After you submit your completed coursework, the decision to grant or deny a refund request is within our sole discretion.
If you opted for a payment plan and do not request a refund within the refund window, you are required by law to complete the remaining payments of your payment plan.
If you experience any difficulties accessing, retrieving, or downloading your purchased Product(s), contact the Company immediately at samika@chapmansconsultingexperience.com
The Company will not, under any circumstances, issue any refunds, in whole or in part, after the refund deadline.
Your license to use the purchased Product and related materials is revoked immediately upon your receipt of a refund. By requesting and accepting a refund, you agree to immediately cease using and delete all materials related to the purchased Product from all your electronic devices, including but not limited to video recordings, audio recordings, forms, templates, checklists, guides, slide decks, and other resources.
DISCLAIMER
1. Not Professional Advice
The information contained in the Product(s) is not intended as, and shall not be understood or construed as, professional advice. The Product(s) are for educational and entertainment purposes only. The Product(s) should not be construed as medical, legal, financial, or any other type of professional advice. While the Company’s representatives and/or employees may be professionals and the information provided in the Product(s) relates to issues within their area(s) of professionalism, the information contained in the Product(s) is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.
The Company and its representatives and employees have done their best to ensure that the information provided in the Product(s) is accurate and to provide valuable information. Regardless of anything to the contrary, nothing in the Product(s) should be understood as a recommendation that you should not consult with a professional to address your particular situation. The Company expressly recommends that you seek advice from a professional.
The Company shall not be liable or responsible for any errors or omissions in the Product(s) or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
2. No Professional-Client Relationship
Your purchase of the Product(s) does not create a professional-client relationship between you and the Company or any of our professionals. You recognize and agree that your purchase of the Product(s) does not create any professional-client relationship.
3. Your Personal Responsibility
By using the Product(s), you accept personal responsibility for the results of your actions. You assume all the risk of your access to the Product(s) and/or the Site and anysubsequent actions you choose to take as a result of the influence, information or educational materials provided to you. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Product(s). You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended in the Product(s).
CONFIDENTIALITY
We will not disclose any information you provide except as set forth in these Terms and as further provided in our Privacy Policy www.chapmansconsultingexperience.com/private-policy
As a purchaser of the Product, you may have access to a community of other purchasers. As a condition of purchasing the Product, you agree to respect the privacy of other purchasers. You agree not to share any information provided by other purchasers outside the community unless you receive express written permission to share the information from such other purchaser.
You further agree to respect the Company’s confidential information. The content of the Product(s) contains our proprietary methods, forms, templates, and other information. You agree not to share the information provided to you in the Product(s) with anyone other than the Company and other purchasers of the Product.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video or other material(s) to the Site, you grant to the Company a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy related to your actions in accessing the Product(s) or related materials or participating on the Site, and the Company reserves the right to disclose your participation in the same.
You must own the copyright to any image(s) you use on the Site or in the Product(s). You grant the Company a non-revocable, commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Product(s) or the Site, or that you provide voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
By participating in any live group coaching calls or any other events held via video conferencing software, you consent to the recording of your participation in such calls. Such recordings will be made available inside the Program and may be used for any reasonable future business use at the discretion of the Company.
The Company is not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.
INTELLECTUAL PROPERTY
The Product(s), the Content, and the Site contain intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property, such as text, video, graphics, design, logos, images, and the compilation thereof. The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. The Company reserves all rights in and to its common law and registered trademarks, service marks, copyrights, and other intellectual property rights, to all intellectual property included in the Product(s), the Content, and the Site (“IP”).
All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your purchase of the Product(s) does not result in a transfer of any intellectual property to You. As a condition of your purchase and use of the Product(s), You agree to observe and abide by all copyright and other intellectual property protection. The Company grants You a single-use, non-exclusive, non-transferrable, revocable, royalty-free license to access and use the Content for your personal or internal business use. You agree that You will not modify (except as such modification may be necessary for completing or filling out templates or forms for Your authorized use), publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Content or Product(s), or offer any competing Product(s) or services based upon any information contained in the Product(s).
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of the IP. You agree not to delete or alter any proprietary rights or attribution notices in any of the IP. You will use the IP solely for your individual or internal business use and will make no other use of the IP without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any of the IP. The Company does not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You agree that any infringement of the Company’s IP shall result in an immediate termination of the license granted in these Terms. If you make any unauthorized use of the Company’s IP, your access to the Product(s) will be terminated immediately and you shall not be entitled to a refund of any portion of the purchase price.
EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by You, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. The Company may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the mediation referenced below. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Mississippifor purposes of any such action by the Company.
LIMITATION OF LIABILITY
Except as expressly provided in these Terms, the Company makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Product(s). In no event shall the Company be liable to You for any direct, indirect, consequential or special damages, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. The Company’s entire liability for any breach of these Terms, and Your sole remedy, shall be limited to the purchase price actually paid by You to the Company.
NO WARRANTIES
WE MAKE NO WARRANTIES AS TO THE PRODUCT(S). YOU AGREE THAT THE PRODUCT(S) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PRODUCT(S) WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT(S) IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
NON-DISPARAGEMENT
If you are found to be slandering, libeling or otherwise disparaging the Company, Product(s), or related materials, your access to the Product(s) will be immediately revoked. The Company reserves the right to file a civil claim of action against you for any such damaging actions you take that materially harm the Company.
INDEMNIFICATION
You shall indemnify and hold the Company harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Product(s), the Site, the Content, or your failure to maintain the confidentiality and/or security of your password or access rights to the Site and the Product(s). You shall provide the Company with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing the Company with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent. You recognize and agree that the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
CHANGES
The Company reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Product(s). Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Terms. Your continued use of the Product(s) will be deemed your acceptance of such changed terms. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions regarding modified terms, please contact us at samika@chapmansconsultingexperience.com
EFFECT OF HEADINGS; SEVERABILITY
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. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.
ENTIRE AGREEMENT; WAIVER
These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between you and the Company pertaining to the Product(s) and supersedes all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by the Company of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing by the Company.
ALTERNATIVE DISPUTE RESOLUTION
You agree to notify the Company of any concerns or issues regarding the Product(s), and to give the Company an opportunity to resolve those concerns or issues. If you and the Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. You agree that your good faith participation in Mediation or other Alternative Dispute Resolution is a condition precedent to filing any civil cause of action.
GOVERNING LAW; JURISDICTION
These Terms shall be construed in accordance with, and governed by, the laws of the State of Mississippi, and the courts of Mississippi shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to the Product(s) must be filed exclusively in the appropriate courts located in Mississippi and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by the Company.
CONTACT
If you have any questions about any term of these Terms, please contact us at samika@chapmansconsultingexperience.com
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