TRACY TIMM, LLC
WEBSITE TERMS AND CONDITIONS
DATED: July 18th, 2018
Please read the following prior to using our Services.
It’s important you understand a few basic rules for using our Services:
You also understand and agree:
Tracy Timm, LLC (also “TTL”, “us”, “we”, or “our”) offers personal development tools by coaching, presentations, audio, video and webinars. We do this through a many different products or services and through software, apps and this website http://tracytimm.com/. Each of these (individually and collectively) will be referred to throughout these Terms as a “Service.”
We reserve the right to remove or change this site, and any Services, in our sole discretion and we may do so without giving notice. We are not liable if all (or any) part of the Services are unavailable at any time or for any period in which you’re trying to use them. If a Service is unavailable, or the site is down, please check again at another time. From time to time, we may also restrict access to some parts of the Service, or the entire Service, to users and/or registered users for maintenance and updates.
You may only use our Services if you agree to comply with these Terms and provide accurate and complete information. You must also be: (1) 18 years of age or older, (2) an emancipated minor, or (3) where under the age of 18, but above 13, have gotten permission to use our Services from a legal parental or guardian.
A Service may contain links to third party websites that we do not own or control. We are not responsible for the content, policies, or practices of a third party website. By using a Service, you agree TTL and its agents or vendors will not be responsible for any damage resulting from your use of a third-party website.
We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to access Services for your personal use and development in the way we outline in these Terms. Provided that:
You may only use Services for so long as you have a valid license from us. Where you fail to make payment, violate these Terms or other terms or where we notify you a license has been revoked you must stop using a Service immediately. Where a Service is limited in time (for example, and 8-week coaching program) you will only have access to coaching for the time the program runs. You will continue to have access to visual and audio content, however, please take care to save or print any resources you want to keep.
“Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to a Service. This includes any blogs or articles.
You agree Content is provided to you AS IS. You access Content for informational and personal use. Outside of personal viewing, you may not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise use Content without our prior written consent and the written consent of the user supplying the Content. For example, you may not take pictures, video, screenshots, or otherwise share the materials and Content you receive from a Service with anyone.
Unless we say otherwise, TTL Parties are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to Content from third parties. Your use of Content is at your sole risk and expense. Please report any offensive, indecent or objectionable activity to us immediately. We do not endorse any Content submitted to the Service by any user or other licensor, and expressly disclaim, any and all liability in connection with recommendations, suggestions, insights or advice expressed in Content found on or through our Services.
We reserve all rights not expressly granted in and to a Service and Content.
Business means for the purposes of publishing and advertising material through the Service, customizing Services, executing on your requests through the Service, maintaining our Service and promoting our Service. By way of example, we may reproduce and publish any testimonials you give, feedback you make or posts you produce in social media, review sites or other forums where there are tags, hashtags or other references to you. We might also reproduce and publish any appearance or remarks you make during a call, webinar or other event we host. This license includes your name, logo, and trademarks and is without any obligation to pay royalties or fees to you. You also give each user of the Service a non-exclusive license to access your Content and to use, reproduce, distribute, display and perform your Content through functionalities of the Service. To be clear, this license does not transfer ownership. However, you may revoke the rights above by deleting your account. Do keep in mind, your Content may be removed from our Services but we can’t guarantee Content will be removed from the Internet. Also, TTL may retain server copies for archival purposes.
Please note, use of our Services does not give users a continued right to use or have access to Services. We reserve the right to terminate a user’s access to a Service, including a user’s account, if the user: (1) engages in predatory, bullying or unlawful behavior, (2) violates these Terms, (3) infringes on the intellectual property rights of others, or (4) infringes on the privacy rights of others.
If you are a copyright owner (or an agent thereof) and believe Content infringes your copyrights, please see our Copyright Policy here nthdegree.tracytimm.com.
YOU AGREE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED “AS-IS”. TTL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING FROM COURSE OF DEALING. TTL PARTIES DO NOT ASSUME LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES.
IN NO EVENT SHALL TTL PARTIES BE LIABLE TO YOU FOR DAMAGES (THIS INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM USE OF, OR THE INABILITY TO USE, SERVICES. THIS LIMITATION APPLIES WHETHER OR NOT A CLAIM IS BASED ON A THEORY OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT TTL IS AWARE SUCH DAMAGES ARE POSSIBLE. HOWEVER, THIS LIMITATION APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. IN NO EVENT WILL TTL’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES BE GREATER THAN 100 DOLLARS ($100) OR THE TOTAL AMOUNT OF FEES RECEIVED BY TTL FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless TTL, its owners, operators, affiliates, and each of its or their directors, employees, licensors, licensees, service providers, successors, permitted assignees and agents (individually and collectively “TTL Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising or resulting from: (i) your use of and access to a Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right or privacy right; or (iv) any claim that your Content caused damage to a third party. To be clear, this obligation to indemnify, defend and hold us harmless will survive these Terms and your use of the applicable Service(s).
What you get out a service depends entirely on the effort you put in and openness with with you engage. Naturally, we don’t have control over these. We are here to support you in your journey, but cannot and do not make any guarantees as to results. We may share client testimonials as a way of giving you insight into the experiences others have had, but there is no guarantee your experience will be the same.
We work incredibly hard to product great content and materials for you. We depend on our wonderful community to keep any Content they receive from the site or a Service confidential. You may not share Content with anyone under any means unless we consent in writing. The includes, but isn’t limited, printing and sharing, sharing a screen, sharing your log-in information, taking a screenshot, recording or taking a picture. You may only discuss portions of the Content that require group discussion.
As between you and us, you understand and agree we own the intellectual property and intellectual property rights to all Content we develop and share with you via our Services unless we say otherwise in the Service. This includes any audio, visual or intangibles we include in a Service. Except for the license granted to you in Section 7, no other rights are given to you and we reserve them. This includes any Content you may appear in visually or audibly, such as video conferences, conference calls or webinars. This website and its features, functionality (Content, trademarks, service marks and logos) are owned by, or if not owned licensed to, TTL and are subject to copyright, trademark, patent, trade-secret and other intellectual property or proprietary rights under the law. You agree not to alter or modify any part of a Service or any copyright, trademark or other proprietary notices appearing in a Service.
In the event we suspend or terminate your account because of a breach of these Terms, you agree you will not receive a refund or exchange for any unused subscription time, any license or subscription fees for any portion of the Service(s), any Content or data associated with your account, or anything else.
Where there is an unpaid or outstanding payment, TTL may suspend or terminate your use of Services that do not have an unpaid invoice or balance. We reserve the right to withhold payment or charge back to your account any amounts otherwise due to us under these terms, or amounts due because of your breach of these terms.
As users fill out profiles, applications, listings, questionnaires and attend trainings TTL will collect data that allows it to make recommendations on candidates, employers and additional training. TTL will communicate using any emails you’ve registered with the Service and you agree to this purpose.
Our Services may include functionalities that allow users to communicate with one another. These are offered as a courtesy. We can’t guarantee messages, information, emails, attachments or other materials will be delivered, received, or stored and we disclaim any liability with regard to these.
We may, in our sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by these changes as soon as they are posted. From time to time you should review our most up-to-date version of Terms via [insert specific site link]. To be clear, these Terms apply to all versions of a Service, unless otherwise stated by us in writing. And links referenced in these Terms are hereby incorporated and made a part of these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction. Any attempt by you to assign that is not consented to will be considered null and void.
TTL and all related names, logos, product and service names, designs and slogans are trademarks of TTL or its affiliates or licensors. You may not use these marks without our written permission prior to using. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
You agree: These Terms are governed by the laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises (in whole or in part) from the Service shall be decided exclusively by a court of competent jurisdiction located in Dallas, Dallas County, Texas and you hereby waive the ability to assert otherwise. These Terms, together with any sites referenced here, or other legal notices published on a Service, constitute the entire agreement between you and TTL concerning a Service. If any provision in these Terms is deemed invalid by a court of competent jurisdiction, its invalidity will not affect the validity of the remaining provisions, which remain in full force and effect. No waiver by TTL of any term or condition set forth in these Terms shall be considered a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TTL to assert a right or provision under these Terms does not constitute a waiver of such right or provision that precludes us from enforcing at a later date.
If you are a California resident, you can request information regarding the disclosure of your personal information by TTL to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to [email protected]. Under California Civil Code Section 1789.3, California Website 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 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Any feedback, comments, requests for technical support, and other communications should be directed to our customer service through [email protected]