Terms and Conditions
Date of last revision: April 17, 2014
Jenev Caddell International, LLC (“Caddell,” “we,” “us”, “our”) provides www.mybestrelationship.com (collectively, with the Information (as defined below), the “Site”) and Services (as defined below), subject to your agreement to abide by the terms and conditions set forth in this agreement (“Agreement”). This Agreement governs the relationship between Caddell and you, our Site visitor (“you” or “your”), with respect to your use of the Site. It is important that you carefully read and understand the terms and conditions of this Agreement. By visiting or using the Site, including without limitation to (i) accessing, using, and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the Site, or (iii) otherwise using, accessing any Services, you agree on your own behalf, and on behalf of any person or entity on whose behalf you may act, to accept and abide by this Agreement. If you do not agree to these terms and conditions, please do not use the Site or any of the Services or Information.
We reserve the right at any time to: (i) change the terms and conditions of this Agreement; (ii) change the Site, including eliminating or discontinuing any Information or Services or other feature of the Site; or (iii) deny or terminate your use of and/or access to the Site.
Any changes we make will be effective immediately upon our making such change(s) available on the Site or otherwise providing notice thereof. You agree that by entering, re-entering, or continuing to use the Site thereafter you accept such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
1. Services. Services and Information Provided in Connection with the Site. Online coaching and counseling services will be made available on, by or through the Site (collectively, the “Services”), as well as books, web based programs and workshops (collectively, the “Information”). You acknowledge and agree that the Information and Services are owned by Caddell, its business partners, suppliers and/or licensors, as applicable, and are protected by intellectual property laws. Caddell shall retain all trade-mark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of Caddell and/or its licensors and/or suppliers. You should be aware that the Information and Services may be outdated and may contain errors, omissions, and inaccuracies (including errors, omissions and inaccuracies that result from inaccurate, outdated and/or incomplete information provided by you).
2. Limited Permitted Use of Information and Services.
2.1 The downloading, printing and other use of the Information, and the provision of Services to you are conditioned on your acceptance of the terms and conditions contained herein and by using such Information or Services, you agree to such terms and conditions. You may print or download a reasonable number of copies of any graphic or textual Information owned by Caddell available for downloading on the Site. You may not download, copy or use any of the Information except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Information without the written consent of Caddell or, if so indicated in writing by Caddell, its licensors or suppliers. You understand and agree that you may not authorize, encourage or allow any Information used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. You agree to advise Caddell promptly of any such unauthorized use(s).
2.2 Download Policy (the “Policy”) sets forth the conditions under which you may download any of the Information being offered on www.mybestrelationship.com for download (the “Downloads”). By downloading Information from the Site, you acknowledge and agree to the following terms and conditions: (i) the registered trademarks and the images are owned and/or copyrighted by Caddell; (ii) you may download one copy of any of the Downloads to a computer, cellular phone/mobile device, or personal digital assistant (PDA) for your personal, noncommercial use; (iii) you may transmit the Downloads via e-mail, texting, instant messaging, or other similar electronic communications; (iv) you may not modify the images, text, software, or any other aspect of the Downloads in any way; (v) you may not delete, and must keep intact, all trademark and copyright notices associated with the Downloads; and (vi) the Downloads are for use solely by the intended immediate user and may not be sold, re-sold, leased, licensed, sub-licensed, or otherwise transferred to any third party, either in their present form or in any modified form.
3. Creating an Account.
3.2 As part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar, disrespectful, or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to transfer or resell your use of or access to the Site to any third party. You should never disclose your password to anyone else. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by emailing us at [email protected] YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3.3 You agree to pay for all agreed upon Services. All fees due under this Agreement are non-cancelable and the sums paid nonrefundable.
5. Code of Conduct.
5.1 You agree not to: (i) restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; (ii) transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; or (b) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); (iii) engage in spamming or flooding; (iv) upload any Submission that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Service or Site; (v) use the Site, Information or Services in any manner that is unlawful, including accessing the Site, Services and/or Information from any location where such access may be illegal or otherwise prohibited; (vi) remove any copyright, trademark or other proprietary rights notices contained in or on the Information, Site or Services; (vii) “frame” or “mirror” any part of the Site without our prior written authorization; (viii) link to any page or content on any web site other than the Site; (ix) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission.
When using the Site, Information or Services, you agree to comply with all applicable laws, rules and regulations.
5.2 You consent to recordings being made of courses and the Program. We reserve the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by You in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by us, without compensation to the You. You consent to its name, voice, and likeness being used by us for future lecture, teaching, and marketing materials, and further other goods/services provided by us, without compensation to You.
5.3. You agree to be mindful of your own wellbeing during the course and seek medical treatment (including, but not limited to psychotherapy), if needed we do not provide medical, therapy, or psychotherapy services. We are not responsible for any decisions made by You as a result of the coaching and any consequences thereof.
6. Ownership and Restrictions.
6.1 The Site is owned and operated by Caddell and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Caddell and its licensors, affiliates and/or suppliers. The Information and Services are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the Site or any Service or Information without our prior written permission. The Information, Site and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Caddell or, if so indicated in writing by Caddell, its licensors or suppliers. Use of the Site or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information. You further acknowledge that there is a possibility that other users may use the Information, Site and Services for their own financial gain.
6.2 The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Caddell, our licensors and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Caddell, our licensors or the third party owner of any such Trademark and use of the Trademarks is expressly prohibited.
7.1 Payment for Services will due upon commencement. The cost for any materials or books will be billed and payment shall be due upon placement of the order.
7.2 To the extent that You provide us with credit-card(s) information for payment on your account, we shall be authorized to charge your credit card(s) for any unpaid charges on the dates set forth herein. If You use a multi- pre-payment plan to make payments, we shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance.
8.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) THE SITE (INCLUDING ALL INFORMATION) AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) CADDELL AND ITS AFFILIATES, AGENTS, MEMBERS, MANAGERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “CADDELL’ REPRESENTATIVES”) DISCLAIM ANY WARRANTIES THAT THE INFORMATION AND SITE IS CURRENT AND/OR UP-TO-DATE. CADDELL AND CADDELL’S REPRESENTATIVES DO NOT WARRANT THAT THE INFORMATION, SITE OR SERVICES, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF CADDELL OR ANY OF CADDELL’ REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE OR SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY.
8.2 A possibility exists that unauthorized alterations could be made by third parties to the Information, Site and/or Services. In the event that a situation arises in which the completeness or correctness of the Site or Information and Services is in question, please contact us at [email protected] mybestrelationship.com with, if possible, a description and location of the material to be checked, as well as information sufficient to enable us to contact you.
8.3 You accept and agree that You are one hundred percent (100%) responsible for your own progress and results. CADDELL MAKES NO REPRESENTATIONS OR GUARANTEES VERBALLY OR IN WRITING REGARDING ANY RESULTS GAINED AS THE RESULT OF PARTICIPATION IN THE PROGARM OR THE PURCHASE OF ANY BOOKS AND MATERIALS. WE DISCLAIM THE IMPLIED WARRANTIES OF TITLW AND MECHANIBILTY AND FITNESS FOR A PARTICUALR PURPOSE AND WE MAKE NO GUARNTEE OR WARRANTY THAT THE PROGRAM WILL MEET YOUR REQUIRMENTSS OR THAT EVERYONE WILL ACHIEVE THE SAME RESULTS.
9. Limitation of Liability.
9.1 NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER CADDELL NOR ANY OF CADDELL’S REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION, SERVICES AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS SITE, THE INFORMATION, SERVICES, OR ANY LINKED SITE IS TO STOP USING THE SITE, SERVICE, OR LINKED SITE, AS APPLICABLE. CADDELL’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION AND/OR SERVICES, SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SITE, INFORMATION AND/OR SERVICES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9.2 In the event that we are subpoenaed or in any way requested to appear in a hearing, trial or are deposed, we reserve the right to charge an hourly rate of $500.
10. Indemnification. You agree to fully indemnify, defend and hold Caddell, any of Caddell’s representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the Site.
11.1 In the event that You are in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. We shall be allowed to immediately collect all sums from You and terminate providing further services.
11.2 Services provided under this Agreement shall be provided for the period defined in our agreement unless earlier terminated in accordance with this Agreement. At the end of the term of this Agreement, all rights to access or use the Services shall end.
11.3 If either of us breaches a material term of this Agreement and fails to correct the breach within thirty (30) days of written specification of the breach, then the breaching party is in default and the non-breaching party may terminate this Agreement.
11.4 In addition, Caddell may immediately suspend your password, account, and access to or use of the Services (i) if you fail to make any payments as required under this Agreement and do not cure within the first ten (10) days of the thirty (30) day cure period, or (ii) if you violate any provision within sections 5 or 6 of this Agreement.
11.5 Provisions that survive termination or expiration of this Agreement are those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to survive.
12. Confidentiality. The term “Confidential Information” shall mean information which is not generally known to the public relating to your business or personal affairs. We agree not to disclose, reveal or make use of any Confidential Information learned of through and during our discussions with You, the coaching session with Company, or otherwise, without your prior written consent. We shall keep your Confidential Information in strictest confidence and shall use our best efforts to safeguard your Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
13. Non-disparagement. In the event that a dispute arises between the parties or a grievance by You, the parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
14. Jurisdictional Issues. The Information, Site and Services are solely directed to individuals for which English is their primary language. We make no representation that the Information, Site or Services for translations that may change the terms contained herein. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. Ability to Contract. You affirm that you are at least 18 years of age, are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
17. Notice for California Users; International Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.