Terms of Use

PROGRAMS, PRODUCTS, AND SERVICES TERMS OF USE

 

Please read these Terms of Use carefully before purchasing, accessing or using any of my Programs, Products, and Services.

Terms of Use

My Programs, Products, and Services are owned and operated by Barbara Prezia, owner and Communications Specialist, and Barbara Prezia Communications (“Company”, “I”, "my", "mine", or “me”). The term “you” refers to any purchaser and/or user of any of my Programs, Products, and/or Services.

These Terms of Use for Programs, Products, and Services (“Terms of Use”) state how you may use my Programs, Products, Services, Program Materials, and their content. Please read these Terms of Use carefully. I reserve the right to change these Terms of Use from time to time.

By using any of my Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use my Programs, Products, and Services.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of my Programs, Products, Services, and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Use and Consent

By purchasing or using any of my Programs, Products, or Services, you agree to abide by these Terms of Use as well as my DisclaimerTerms and Conditions and Privacy Policy, and any other terms and conditions that may apply, and you are required to act in accordance with them. Accessing, purchasing or using my Programs, Products, Services, or Program Materials, in any manner constitutes use of the Program, Products, Services, and Program Materials, and your agreement to be bound by these Terms of Use.

All of my Programs, Products, Services, and Program Materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Program, Product, Service or Program Materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using my Programs, Products, Services, or my Program Materials, you represent and warrant that you are at least 18 years old.

My Limited License to You. 

My Programs, Products, and Services and all the Program Materials are my property and/or my affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content in my Programs, Products, and Services is solely owned by or licensed to me, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of my Program Materials or any other material or aspects of materials provided by me to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

 

If you purchase or access any of my Program Materials through my Programs, Products, or Services, you will be considered my Licensee. For the avoidance of doubt, all content obtained through me is my property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use my Programs, Products, Services, or the Program Materials in a manner that constitutes an infringement of my rights, or in a manner that has not been authorized by me.

You are being granted a limited license to use my Programs, Products, Services, and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service from my Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by me to you with certain conditions as specified in these Terms of Use.

You are permitted to use my Programs, Products, Services, and Program Materials as follows:

  • You are permitted to download and/or print free resources from my Website or email correspondence, e-newsletters, or other publicly shared information that is NOT a part of any paid Program, Product or Service for your own personal or business use, but only provided that you give me credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page(s) from which the information was obtained.

  • You may also download and/or print Program Materials for your own personal use. However, you are not permitted to share, sell, reprint or republish any other of my Program Materials, including handouts, for resale or mass reproduction purposes for your own business use.  


Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to me. All trademarks reproduced in this Website, which are not the property of, or licensed to me, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without my express written consent, or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product, or Service titles or any other title or information of mine bearing the trademark symbols (™) or ® may not be used by you for any reason without my express written permission.

All rights not expressly granted in these terms or any express written license are reserved by me.

 

Information You Are Prohibited from Sharing with Others.  

 

As a Licensee, you understand and acknowledge that my Programs, Products, Services, and Program Materials have been created, developed or obtained by me through the investment of significant time, effort, and expense, and that this information is a valuable, special, and unique asset of mine which needs to be protected from improper and/or unauthorized use. 

When you enroll in or purchase my Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:

  • You will not copy, share or steal my Programs, Products, Services, or Program Materials, or any parts of them.

  • You will not in any way use, copy, adapt, or represent any of my Programs, Products, Services, or Program Materials in any way as if they are yours or created by you.

  • You will not engage in improper and/or unauthorized use of my Programs, Products, Services, and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through my Programs, Products, or Services, or any other communications provided by me for your own personal use, business/commercial use or in any way that earns you money.

  • You will not duplicate, share, trade, sell, or otherwise distribute my Programs, Products, Services, or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of my Programs, Products, Services, or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use my Program, Product, Service, and Program Materials.

  • You will not violate my intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using my Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property, or ownership rights of my Program, Product, Service or Program Materials.

  • You will not reprint or republish any part of my Programs, Products, Services, or Program Materials for publication or compilation into your own products, programs, services, or program materials for your own personal use or business/commercial use or in any way that earns you money. 

  • You will not use my Programs, Products, Services, or Program Materials in a manner that constitutes an infringement of my rights or in a manner that has not been authorized by me through my prior written consent.

  • You may not engage in improper and/or unauthorized use of my Program Materials or any other information related to my Programs, Products, or Services. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through my Programs, Products, or Services, or any other communications provided by me to you promoting or relating to the Programs, Products, or Services.
     

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of my Programs, Products, Services, or Program Materials as set forth in these Terms of Use is considered theft and stealing and I retain the right to prosecute theft to the full extent of the law. 

You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offence.

Limitations on Linking and Framing.  

You may establish a hypertext link to my Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership in my Website or Content and does not state or imply that I have sponsored, endorsed, or have ownership rights in your website. However, you may not frame or inline link my Content without my written permission.

Your License to Me. 

By posting or submitting any material on or through my Programs, Products, Services, or Program Materials, such as comments, posts, photos, images or videos, or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

When you submit to me or post any comment, photo, image, video or any other submission for use on or through my Website, you are granting me, and anyone authorized by me, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of my current or future Programs, Products, Services, and/or Program Materials. This right includes granting me use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by me to you.

You also grant me, and anyone authorized by me, the right to identify you as the author of any of your comments, posts, photos, images, videos, or other contributions by name, email address, or screen name. You acknowledge that I have the right but not the obligation to use and display any contributions from you of any kind and that I may elect to cease the use and display of any such contributions on my Programs, Products, Services, and/or Program Materials at any time for any reason whatsoever. 

Media Release. 

By participating in my Programs, Products, and Services, and using my Program Materials, including my social media community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In my sole discretion, I reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to me in connection with your participation in my Programs, Products, or Services in my current or future Programs, Products, or Services, and/or my marketing or promotional efforts, without compensation to you at any time, now or at any time in the future. 

Request for Permission to Use Content.

Any request for written permission to use my Programs, Products, Services, or Program Materials, in whole or in part, or any other intellectual property or property belonging to me (“Content”), should be made BEFORE you wish to use it by completing the “Contact” form on this Website, or by sending an email to info@barbaraprezia.com.

I very clearly state that you may not use my Programs, Products, Services, or Program Materials, in whole or in part, in any way that is contrary to these Terms of Use unless I have given you specific written permission to do so.

If you are granted permission by me, you agree to use the specific Content that I allow and ONLY in the ways for which I have given you my written permission.

If you choose to use the content in ways that I do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from me, and you consent to immediately stop using such Content and to take whatever actions as I may request and by the methods and in the time frame that I prescribe to protect my intellectual property and ownership rights in my Programs, Products, Services, or Program Materials.

Security.

 

When you apply for, enroll in, purchase, or use my Programs, Products, Services, or Program Materials, I may seek and collect personal data and information including but not limited to your name, email address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).

By providing such Confidential Information to me, you grant me permission to use and store such Confidential Information. I, in turn, will use my best efforts to keep your Confidential Information safe, secure, and confidential. I take precautions to protect such Confidential Information. When you submit Confidential Information via my Program, Product, Service, or Program Materials, I take measures to protect the security of your Confidential Information both online and offline.

 

However, due to the nature of the Internet, I cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to me or through my services; therefore, submitting Confidential Information, data, or other information is done at your own risk.

I have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but I make no assurances about my ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

Personal Responsibility and Assumption of Risk.

As a Licensee, you agree that you are using your own judgment in using my Programs, Products, Services, and Program Materials and you agree that you are doing so at your own risk. My Programs, Products, Services, and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to my Programs, Products, Services, and Program Materials. My Programs, Products, Services, and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions, and results based on the use, misuse or non-use of my Programs, Products, Services, and Program Materials.

I take every precaution to protect my Programs, Products, Services, and Program Materials. However, due to the nature of the Internet, I cannot completely ensure or warrant the security of the Programs, Products, Services, and Program Materials or the contributions or information transmitted to me on or through my Website or my Programs, Products, Services, and Program Materials. Submitting contributions or information on or through my Programs, Products, Services, and Program Materials is done entirely at your own risk. I make no assurances about my ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of my Programs, Products, Services, and Program Materials and you agree that you are assuming such risks.

 

Disclaimer.

 

My Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, I expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with my Programs, Products, Services, and Program Materials, 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 or contracts, 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. You specifically acknowledge and agree that I am not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service, or Program Materials participant or user, including you.

Legal and Financial Disclaimer. 

My Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial, or legal advice. The information provided through my Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. I am not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer, or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that I am not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through my Programs, Products, Services, and Program Materials. You are solely responsible for your results.

Earnings Disclaimer. 

You acknowledge that I have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services, or Program Materials. I cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of my Programs, Products, Services, and Program Materials and you accept and understand that results differ for each individual. I also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of my Programs, Products, Services, or Program Materials. You agree that your results are strictly your own and I am not liable or responsible in any way for your results.

Warranties Disclaimer. 

I make no warranties as to my Programs, Products, Services, or Program Materials. You agree that Programs, Products, Services, or Program Materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, I disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. I do not warrant that the Programs, Products, Services, or Program Materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website, content are free of viruses or other harmful components. I do not warrant or make any representations regarding the use or the results of the use of my Programs, Products, Services, or Program Materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Technology Disclaimer. 

I try to ensure that the availability and delivery of my Programs, Products, Services, and Program Materials is uninterrupted and error-free, including my content and communications through methods like my Website, email communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by me to you. However, I cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, I will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, I will not be liable to you for damages or refunds, or for any other recourse, should my Programs, Products, Services, or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system backup procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make my Programs, Products, Services or Program Materials inaccessible to you.

 

Errors and Omissions. 

 

I make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in my Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, I cannot be held responsible or accountable for the accuracy of my content. You acknowledge that such information may contain inaccuracies or errors and I am not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Links to Other Websites. 

I may provide links and pointers to other websites maintained by third parties that may take you outside of my Programs, Products, Services, or Program Materials. These links are provided for your convenience and the inclusion of any link in my Programs, Products, Services or Program Materials to any other website does not imply my endorsement, sponsorship, or approval of that website or its owner. I do not endorse and I am not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in my Website or its Content, or their accuracy or reliability. I assume no responsibility for errors or omissions caused by other websites that may be included in my Programs, Products, Services, or Program Materials. I have no control over the contents or functionality of those websites and so I accept no responsibility for any loss, damage, or otherwise, that may arise from your use of them and therefore I do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

 

By purchasing and/or using my Programs, Products, Services, or Program Materials in any way or for any reason, you also implicitly agree to my full Disclaimer which may be found on my Website. 

Indemnification, Limitation of Liability and Release of Claims.

 

Indemnification. 

 

You agree at all times to defend, indemnify and hold harmless my Company, as well as any of my affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to my Programs, Products, Services, or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with me.

 

Limitation of Liability. 

I will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on my Programs, Products, Services, or Program Materials. I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with me. I do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged in rendering my Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use my Programs, Products, Services or Program Materials or any other information provided by me or affiliated with me, I assume no responsibility.

 

Release of Claims. 

 

In no event will I be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on my Programs, Products, Services, or Program Materials, or on those affiliated with me in any way, and you hereby release me from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if I are expressly advised of the possibility of such damages or difficulties. 

 

Your Conduct.

 

You are agreeing that you will not use my Programs, Products, Services, or Program Materials in any way that causes or is likely to cause the Programs, Products, Services, or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to me.

 

You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree that you will not use my Programs, Products, Services, or Program Materials in any of the following ways:

  • For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity;

  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that otherwise may injure others;

  • To send, negatively impact, or infect my Programs, Products, Services, or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not;

  • To cause annoyance, inconvenience or needless anxiety;

  • To impersonate any third party or otherwise mislead as to the origin of your contributions;

  • To reproduce, duplicate, copy or resell any part of my Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms of Use or any other agreement with me.
     

Communication Guidelines.

 

If you have a question or concern about my Programs, Products, Services, or Program Materials, you may send an email to info@barbaraprezia.com and I will do my best to reply to your question or concern promptly.

Purchases and Online Commerce.

If paying by PayPal, debit card, or credit card, you give me permission to automatically charge your credit or debit card as payment for your Program, Product, or Service without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Program, Product, or Service will be put on hold until payment is made.

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and I reserve the right to cease your access immediately and permanently. 

 If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from my Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products, and/or Services.

All information obtained during your purchase or transaction for my Programs, Products, and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both the payment processing company and I.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use my Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. 

Since I have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of my Programs, Products, or Services, I do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, I reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

I also reserve my right to seek payment from you for any delinquent payment that is not provided by or upon the due date by enlisting the help of a collections agency, and I may exercise my right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections agency.

 

If you make a purchase from one of my affiliates, or any other individual or company through a link provided on or through my Programs, Products, or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through my Programs, Products, or Services, and all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that I shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

Payment processing companies and Merchants may have privacy and data collection practices that are different from mine. I have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through my Programs, Products, or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or I that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release me, my affiliates, my payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against me or them, arising from your purchase through or use of my Website or its Content.

 

Refund Policy.

 

 I have a refund policy on all of my programs and services because it’s extremely important to me that my clients feel safe when they purchase my work or invest with me. It is my intention for you to be happy with my Programs, Products, Services, and Program Materials; however, because of the extensive time, effort, preparation, and care that goes into creating and/or providing my Programs, Products, Services, and Program Materials, you have 7 (seven) days to withdraw from your program start date. If you decide to withdraw at any time after the seven days grace period for any reason, you are still fully responsible for making all program payments, and no refunds will be provided. Unless otherwise provided by law, you acknowledge that I do not offer refunds for any portion of your payment for any of my Programs, Products, Services or Program Materials after the 7 (seven) days grace period, and no refunds will be provided to you at any time after that.

 

Termination.

 

You have the right to terminate your use of or participation in my Programs, Products, or Services at any time by sending an email to info@barbaraprezia.com.

I reserve the right in my sole discretion to refuse or terminate your access to my Programs, Products, Services, or Program Materials, in full or in part, at any time, without notice, by sending you an email to the email address you provided upon purchase of the Program, Product, or Service.

In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to me.

 

Upon termination by either of us, I reserve the right to immediately refuse or terminate your access to any aspect of my Programs, Products, Services, and/or our Program Materials, including but not limited to my Website, email communications, live webinars, or any other method of communications related to my Programs, Products, Services, or Program Materials at any time without notice and in my sole discretion.

 

All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and my Refund Policy will still apply now and in the future, even after termination by you or me.

Dispute Resolution.

It is hoped that should we ever have any differences, we could be able to work them out amiably through email correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the Country of Canada in the Province of Alberta laws. Prior to seeking arbitration, you must send an email to me at info@barbaraprezia.com and include all of your reasons for dissatisfaction with your Programs, Products, Services, and/or our Program Materials. You understand and agree now that the only remedy that can be awarded to you through arbitration is the full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.

 By purchasing my Programs, Products, Services, and/or our Program Materials you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your email to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.

You also agree that should arbitration take place, it will be held in Edmonton in the Province of Alberta where my business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage me, my Company, or any of my Programs, Products, Services, and/or our Program Materials. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

 

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

 

Confidentiality and Privacy.

 

Confidential Information. 

 

To use my Programs, Products, Services, or Program Materials, I may seek personal data or information including your name, email address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to me when using or participating in my Programs, Products, Services, or Program Materials (“Other Information”). By providing such Confidential Information or Other Information to me, you grant me permission to use and store such information. I, in turn, will use my best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and my full Privacy Policy which may be found on my Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact me as soon as possible. I will promptly correct any Confidential Information found to be incorrect.

 

What I Do With Confidential Information.  

I request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, I may use such data and Confidential Information for the following reasons: (1) for internal recordkeeping, (2) to improve my Programs, Products, Services, or Program Materials, (3) to periodically send promotions about new Programs, Products, Services, or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products, or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service, or Program Materials.

 

Storage. 

 

All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver email or otherwise contact those who would like to receive my correspondence. You agree and acknowledge that I, including but not limited to my team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.

Confidentiality and Disclosure. 

 

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that I may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms of Use and Privacy Policy and my Disclaimer, (2) if I am required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or my partners, sponsors, investors, or affiliates, (5) to protect and defend my rights or property or those of my users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of my users, purchasers, or the public. I will not sell, distribute or lease your Confidential Information to third parties unless I have your permission or are required by law to do so.

 

Viewing by Others. 

 

Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through my Programs, Products, Services, or Program Materials, my Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used by others, and therefore, I cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

How I Use Cookies. 

I may use the standard "cookies" feature of major web browsers. I do not set any Confidential Information in cookies, nor do I employ any data-capture mechanisms on my Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of my Programs, Products, Services, or Program Materials may not work as intended. I have no access to or control over any information collected by other individuals, companies, or entities whose website or materials may be linked to my Programs, Products, Services, or Program Materials.

 

Passwords. 

 

To use certain features of my Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change the username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If I learn you have shared your username and/or password with another person, I reserve the right to immediately terminate your access to the Program, Product, Service, Program Materials, Website, or any other related communication. It is your responsibility to protect your own password from disclosure to others. I cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account.

If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify me immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using my Programs, Products, and Services, you agree to enter true and accurate information as part of the registration, purchase process, and otherwise. If you enter a false email address, I have the right to immediately inactivate your account. I will use my best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with my rights or property.

 

If you have any questions about any terms of these Terms of Use, please contact me at info@barbaraprezia.com.

 

Thank you.

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