Terms and Conditions
Please read these terms and conditions carefully before using these Services.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
State refers to: Colorado
Country refers to United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Melissa Doman LLC, 4548 W. 63rd Drive, Arvada, Colorado 80003
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to www.melissadoman.com
You means the individual or business accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
All pages within this Website and any material made available for download (including without limitation, information contained on videos, webinars, courses, blog posts, etc.) (collectively the “Site”) are the property of Melissa Doman LLC (“Company”). The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Company.
Policy on Copyrighted Materials
The Company continually invests significant resources to create software, text, and/or other materials. The majority of these materials are protected under copyright laws of the United States and of other countries worldwide. To protect its investment, the Company diligently guards against infringement of its copyrighted materials. This policy outlines certain conduct that violates the Company’s copyrights. This policy is subject to change at any time and without notice.
Copyright
Copyright protects original works of authorship fixed in a tangible medium of expression. Copyright infringement occurs when any one or more of the following rights is violated: (1) reproduction; (2) adaptation; (3) distribution to the public; (4) performance in public; or (5) display in public. Copyright infringement issues can also arise when a new work or a modification of an existing work, known as a derivative work, is created from a copyrighted work. A derivative work is based upon a pre-existing work in which the pre-existing work is changed, condensed, recast, transformed, adapted, or embellished. If the pre-existing or underlying work is a protected work under copyright law, one who wishes to exploit the derivative work must obtain a license from the owner of the copyright in the underlying work or works. Thus, modification of the Company’s copyrighted materials without explicit permission (ie. prior written consent in each instance) for commercial use constitutes infringement. Except with prior written permission from the Company, you may not make any unauthorized reproduction or engage in the distribution of the Company’s copyrighted materials, which include, but are not limited to, materials such as blog posts, e-books, publications, computer software (including object code and source code), online curricula, Webinars, Web content, diagrams, photos, testing materials, exams, text, images, and graphics published by the Company in any format. It is the Company’s policy to enforce its copyrights against any third party who infringes on its copyright. To ensure that you do not infringe on any of the Company’s copyrighted materials:
i. Do not directly or indirectly copy, reproduce, or distribute any of the Company’s materials (including Web pages) or any part of the text or graphics from those materials.
ii. Do not directly or indirectly modify or create derivative works of any of the Company’s materials.
iii. Do not copy, reproduce, or modify source code or object code of any of the Company’s products.
iv. Do not create an emulator or simulator of a Company product in a manner that is likely to confuse the public about the source of the emulator or simulator.
v. Do not create materials that look as though they originated from or are endorsed by the Company.
vi. Do not imitate the color or visual appearance of the Company’s materials and/or products.
vii. Do not use the Company’s icons as graphical design elements in your materials.
viii. Do not distribute the Company’s work by sale, rental, or other disposition.
Copyright Permission Requests
To request permission to use the Company’s copyrighted material, please e-mail your inquiry to the Company at: melissa@melissadoman.com.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
COMPANY, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. THE COMPANY IS NOT LIABLE FOR ANY SUCH DECISIONS, ACTIONS, INACTION, OR RESULTS THAT OCCUR FROM ENGAGING IN THE SERVICES OR INFORMATION FROM THIS SITE.
Disclaimer – Currentness of Information
The information published on this Site was valid at the time of publication. The Company reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions, or discrepancies including, without limitation, out-of-date information and/or representations. Without limiting the generality of the foregoing (i) where specific results and/or income figures are attributed to an individual or a business, there is no assurance that you will have the same or similar results; and (ii) although representations regarding results are believed to be accurate at the time it was recorded or created, such results change over time and may be outdated.
Although Company attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. If an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Disclaimer – Site use Subject to Guidelines
Company has set up some ground rules to ensure that this Site is useful and safe for everyone. Company reserves the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to the Company Site shall be subject to the current guidelines.
Disclaimer—No Responsibility for Links
The Company Site may contain links to and frames of sites that are not maintained by Company. While the Company tries to include only links to or frames of those sites which are in good taste and safe for the Company’s visitors, the Company is not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the Company Site does not imply Company’s endorsement of the linked or framed sites or their content.
Disclaimer—Use of e-mail
By sending the Company a message via e-mail or through the ‘Contact’ page, or by commenting on a blog post, you agree to have it along with your name posted for public viewing both here and in other Company promotional and advertising materials without compensation.
No Professional Advice
The information and services contained in or made available through this Site are not clinical and are not clinical services. The information and services contained in or made available through this Site do not make any guarantees in outcomes of engaging with these services or information. This Site does not employ or provide clinical modalities, or replace or substitute the services of clinical professionals in any field, including, but not limited to financial, medical, psychological or legal matters. Without limiting the generality of the foregoing, you should regularly consult a doctor or clinical mental health therapist in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. The Company makes no representations or warranties concerning any clinical treatment, action, or application of medication or preparation by any person following the information offered or provided within or through this Site. The Company is not liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including but not limited to economic loss, injury, illness, or death. You alone are responsible and accountable for your decisions, actions, and results in life, and by your use of this Site and its services, you agree not to attempt to hold the Company liable for any such decisions, actions or results, at any time, under any circumstance.
Confidential and Proprietary Information
Company does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Company through the Site will be deemed not to be confidential. By sending Company any information or material, you grant Company an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site or otherwise, you or the user should send notification via e-mail immediately at melissa@melissadoman.com. To be effective, the notification must include:
· A physical or electronic signature of the copyright owner or authorized agent;
· Identification of the copyrighted work(s) claimed to have been infringed;
· Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
· Information regarding how the Company may contact you (for example, mailing address, telephone number, E-mail address);
· A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent:
Melissa Doman
4548 W. 63rd Dr., Arvada, CO 80003
melissa@melissadoman.com
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, the Company may immediately remove the identified materials from the Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Terms and Conditions of Sale
These terms and conditions of sale apply to the purchase and sale of Services through this Website. By placing an order for such Services, you agree to be bound by and accept these Terms and Conditions of sale. If you do not agree to these terms and conditions of sale, you should not obtain Services from this Website.
Payment Terms
The Company accepts payment through direct deposit. The Company also accepts payment through PayPal, which accepts a variety of credit cards so you can pay for your services. You represent and warrant that: (i) the credit card information you supply to PayPal is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
You agree to pay interest on all past-due sums as designated and outlined by Company at the time of entering into an agreement for services to be rendered. A current billing address and phone information must be included with every order.
Changes in Products and Pricing
Company is constantly updating and revising offerings of services and may discontinue services at any time without notice. To the extent that Company can provide information on the availability of products or services, you should not rely on such information, and Company will not be liable for any lack of availability of services that you may order through my Site.
All pricing for the services available on the Site is subject to change. For all prices, Company reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
Service and Support
All requests for technical service and support with respect to the products and services available through this Website, or for any other questions or concerns, you should contact melissa@melissadoman.com. The Company will do the best to help you; however, cannot guarantee that every problem will be resolved to your satisfaction. Except as explicitly noted on this Website, the services available through this Site are offered by Melissa Doman LLC only.
Release of Claims
For good and valuable consideration, the receipt and sufficiency of which is hereby irrevocably acknowledged, you hereby release and discharge Company, its respective heirs, successors, assigns, representatives, shareholders, directors, officers, members, managers, agents, employees, independent contractors, content providers, and attorneys (collectively “Related Parties”), and each of them, of and from any and all claims, debts, liabilities, demands, obligations, costs, expenses, damages, causes of action, warranties, covenants, contracts, liens, controversies and losses (collectively “Claims”) of whatsoever kind or nature, whether known or unknown, based on or arising out of or in connection with your use of the Site and/or its services, products, information, and/or content.
Governing Law
The laws of the State and Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. Any cause of action brought by you against Company or our Affiliates must be instituted within 6 months after the cause of action arises or be deemed forever waived and barred.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By visiting this page on our website: www.melissadoman.com/contact
