Terms and conditions.
The following are the terms and conditions (the “Terms”) for use of the Liz Cardenas Therapy & Coaching web site (the “Site”) and Liz Cardenas Therapy & Coaching Services.
Acceptance
By using the Liz Cardenas Therapy & Coaching Material (as defined below), you are deemed to accept the validity of and be bound by the Terms as stated herein without modification.
Liz Cardenas Therapy & Coaching Material is defined as any documents, contracts, software, products, books, web links, email, information, partial Liz Cardenas Therapy & Coaching Material or any other materials provided by Liz Cardenas Therapy & Coaching or the Site. Liz Cardenas Therapy & Coaching Services is defined as any Liz Cardenas Therapy & Coaching service.
Use of Liz Cardenas Therapy & Coaching Material and Liz Cardenas Therapy & Coaching Services
Generally
You may view the Site using a web browser for evaluation purposes as a potential customer or supplier.
Restrictions
To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any Liz Cardenas Therapy & Coaching Material, nor will you allow or assist a third party to do so.
The rights granted under these Terms are granted to you only.
Assignment
This agreement cannot be assigned.
Ownership of Intellectual Property
Liz Cardenas Therapy & Coaching DOES NOT transfer to you title to any copy, or original, of the documents or any other Liz Cardenas Therapy & Coaching Material. All ownership, copyright and other intellectual property rights to any Liz Cardenas Therapy & Coaching Material belongs solely to Liz Cardenas Therapy & Coaching and its suppliers except as expressly licensed in these Terms.
Without reducing or restricting any other remedies that Liz Cardenas Therapy & Coaching may be entitled to, you agree that, to the extent allowable under applicable law, any automated system using any Liz Cardenas Therapy & Coaching Material will be the property of Liz Cardenas Therapy & Coaching and its suppliers. Works derived from Liz Cardenas Therapy & Coaching Material shall be the property of Liz Cardenas Therapy & Coaching and its suppliers. Liz Cardenas Therapy & Coaching shall have the right to represent its suppliers in any dispute.
Limited Warranties
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, Liz Cardenas Therapy & Coaching Material and Liz Cardenas Therapy & Coaching Services are provided “as is” without any kind of warranty.
You accept full responsibility for determining whether Liz Cardenas Therapy & Coaching Material and Liz Cardenas Therapy & Coaching Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expressly provided in these Terms, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Liz Cardenas Therapy & Coaching Material and Liz Cardenas Therapy & Coaching Services, or for inaccessibility of Liz Cardenas Therapy & Coaching Material and Liz Cardenas Therapy & Coaching Services whether from errors or omissions in the content of Liz Cardenas Therapy & Coaching Material and Liz Cardenas Therapy & Coaching Services or any other linked sites or for any other reason. Use of Liz Cardenas Therapy & Coaching Material and Liz Cardenas Therapy & Coaching Services is at your own risk.
Liz Cardenas Therapy & Coaching does not represent or warrant that Liz Cardenas Therapy & Coaching Material, the Site or any linked sites are free of any harmful materials.
Maximum Liability
Except as expressly provided in these Terms, the maximum liability of Liz Cardenas Therapy & Coaching is the amount paid to Liz Cardenas Therapy & Coaching by the customer. The maximum liability of Liz Cardenas Therapy & Coaching for any Liz Cardenas Therapy & Coaching Services is the portion of the amount paid to Liz Cardenas Therapy & Coaching by the customer specifically for the Liz Cardenas Therapy & Coaching Services as calculated by Liz Cardenas Therapy & Coaching.
Guarantees and Refunds
All guarantees are subject to any limitations specified in any Liz Cardenas Therapy & Coaching Material. Guarantees are only available to customers who paid on the product before the guarantee is claimed and are not available on free promotions. For a guarantee to apply to a product, it must be explicitly promoted in Liz Cardenas Therapy & Coaching Material for that product at the time of payment. A customer is only entitled to one Guarantee claim relating to one Guarantee category of one product. Should a customer accept a Guarantee related payment from Liz Cardenas Therapy & Coaching, they waive their right to any additional claims against Liz Cardenas Therapy & Coaching regarding any Guarantee unless otherwise agreed to in writing.
Other Guarantees and Refunds
Our maximum liability for any Quality Guarantees specified on the Site is $100 in the currency of the product. Other guarantees and refund commitments specified in Liz Cardenas Therapy & Coaching Material are subject to a maximum of the amount paid by the customer and are subject to a claim being submitted within 30 days of purchase.
Client Privacy
Liz Cardenas Therapy & Coaching agrees to adhere to its Privacy Policy.
Terms
All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting Liz Cardenas Therapy & Coaching Material should it be deemed that any Liz Cardenas Therapy & Coaching Material is legally relevant to this Agreement under law.
Indemnification
You agree to indemnify and hold Liz Cardenas Therapy & Coaching, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or Liz Cardenas Therapy & Coaching Material or Liz Cardenas Therapy & Coaching Services.
Governing Law
The Terms are governed by the laws of the State of California
Binding Arbitration
Subject to exceptions specified herein, if you and Liz Cardenas Therapy & Coaching are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.
A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, Liz Cardenas Therapy & Coaching will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in Los Angeles, California.
The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys’ fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator.
Exceptions to the use of binding arbitration are as follows: Liz Cardenas Therapy & Coaching may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.
Class Action Waiver
You will not seek to have the dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Modification of the Terms
Liz Cardenas Therapy & Coaching reserves the right to change the Terms or policies regarding the use of the Site or Liz Cardenas Therapy & Coaching Services at any time and to notify you by updating the Site. Other terms and conditions are only valid when signed in writing by an authorized Liz Cardenas Therapy & Coaching officer.
Severability
If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
Waivers
No failure or delay, on the part of Liz Cardenas Therapy & Coaching, in exercising any right or power under these Terms will operate as a waiver of such right or power.
Whole Agreement
Except as explicitly set forth in this agreement, these Terms, the Site’s Disclaimer, and, if you are an affiliate, the Affiliate Program Terms and Conditions, constitute the whole agreement between you and Liz Cardenas Therapy & Coaching notwithstanding any:
Liz Cardenas Therapy & Coaching Material other than this Agreement, communication between you and Liz Cardenas Therapy & Coaching, including telephone, email and online chat assistance, or announcements, newsletters or promotional materials from Liz Cardenas Therapy & Coaching.