Website Terms of Use

Last modified: 5/30/18

These terms of use are entered into by and between You and Empowerment Strategies ("Company", "we", or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access and membership (your “Membership”) to The League of Extraordinary De-Stressers, including any content, functionality, and services offered on or through this membership site (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you represent and warrant that you are at least 18 years of age and accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

1. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.

3. Use of the Website

We grant you a limited, revocable, non-exclusive license to use the Website solely for your own personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as expressly permitted by the Terms of Use. You agree not to reverse engineer or break into the site, or use materials, products or services in violation of any law. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

4. Privacy

(a) Information We Collect

In certain circumstances, we may ask you to provide certain personal information. For example, we may ask for information when you register to create an account, update your information, sign up for a membership or subscription, use certain features, access, upload or download content, purchase products or services, fill out a survey, request customer support, or otherwise communicate with us.

(b) How We Use Your Information. We use information that we collect about you or that you provide to us, including any personal information:

i. To present our Website and its contents to you.

ii. To provide you with information, products, or services that you request from us.

iii. To fulfill any other purpose for which you provide the information.

iv. To provide you with notices about your account, including expiration and renewal notices.

v. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

vi. To notify you about changes to our Website or any products or services we offer or provide though it.

vii. In any other way we may describe when you provide the information.

viii. For any other purpose with your consent.

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by e-mail to the e-mail address specified in your account. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring that we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

(d) California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to wendy@empowermentstrategies.net.

(e) GDPR Compliance

i. I confirm that I am at least 16 years of age or older

ii. I have read and accept any EULA, Terms and Conditions, Acceptable Use Policy, and/or Data Processing Addendum which has been provided to me in connection with the software, products and/or services.

iii. I have been fully informed and consent to the collection and use of my personal data for any purpose in connection with the software, products and/or services.

iv. I understand that certain data, including personal data, must be collected or processed in order for you to provide any products or services I have requested or contracted for. I understand that in some cases it may be required to use cookies or similar tracking to provide those products or services..

v. I understand that I have the right to request access annually to any personal data you have obtained or collected regarding me. You have agreed to provide me with a record of my personal data in a readable format.

vi. I also understand that I can revoke my consent and that I have the right to be forgotten. If I revoke my consent you will stop collecting or processing my personal data. I understand that if I revoke my consent, you may be unable to provide contracted products or services to me, and I can not hold you responsible for that.

vii. Likewise, if I properly request to be forgotten, you will delete the data you have for me, or make it inaccessible. I also understand that if there is a dispute regarding my personal data, I can contact someone who is responsible for handling data-related concerns. If we are unable to resolve any issue, you will provide an independent service to arbitrate a resolution. If I have any questions regarding my rights or privacy, I can contact the email address provided.

5. Trademarks

The Company name, the term “Ditch Your Stress, Achieve with Confidence,” the Company logo, 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. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

6. User Contributions

The Website may contain interactive features, including but not limited to message boards, chat rooms, personal Web pages or profiles, forums, bulletin boards (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.

· All of your User Contributions do and will comply with these Terms of Use.

7. Content Standards

These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not be defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive, or be content that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

8. Monitoring and Enforcement

We reserve the right, but are not obligated, to monitor use of the Website, including any materials you post in any public area, and shall have the right to edit, remove, or refuse to post any information we deem offensive. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Website. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We reserve the right to terminate your access to the Website at any time without notice for any reason whatsoever.

9. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

10. Hyperlinks

The Website may be hyperlinked to and by other Websites that are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to you and are not sponsored by, endorsed or otherwise affiliated with the Company. We have not reviewed any or all of such sites and are not responsible for the content of any linking sites, and any links made directly from the Website to another Web page should be accessed at the User's own risk. We make no representations or warranties about the content, completeness, quality or accuracy of any such Website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Website.

11. Disclaimer of Warranties

THE USE OF THE WEBSITE AND ANY SERVICE IT PROVIDES IS AT YOUR SOLE RISK. THE WEBSITE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE UTILIZED BY THE SERVICES WILL BE CORRECTED.

12. Limitation on Liability

UNDER NO CIRCUMSTANCES WILL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT SHALL BE THE RETURN OF ANY FEES PAID TO THE COMPANY.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

14. Governing Law and Jurisdiction

If there is any dispute about or involving these Terms of Use, the Website and/or the Company’s Services, you agree that any dispute shall be governed by the laws of the State of California, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Los Angeles, California in connection with any dispute between you and Company arising out of or involving this Agreement, the Website or the Company’s Services.

15. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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

16. Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.