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USE AGREEMENT
(Terms And Conditions Of Use.)
PLEASE READ THIS USE AGREEMENT CAREFULLY BEFORE
USING OUR SERVICES.
THIS DOCUMENT EXPRESSES THE TERMS
AND CONDITIONS ON WHICH YOU MAY USE THIS SITE, THE LESSONS PROVIDED
BY AND THROUGH THIS SITE, AND THE FORUMS AND BULLETIN BOARD IN THIS
SITE. USING OUR SITE, THE LESSONS, THE FORUMS AND OR THE BULLETIN
BOARD PROVIDED BY AND THROUGH THIS SITE CONSTITUTES ACCEPTANCE OF
THESE TERMS.
1. INTRODUCTION.
JoAnna Brandi's Customer Care Coach ® ("Coach")
provides its services, as they may exist from time to time ("Services"),
to users who pay a subscription fee to use the Services ("Customer").
By establishing an account or using the Services, you agree to be
bound by this Agreement and to use the Services in compliance with
this Agreement, our Acceptable Use Policy and other policies.
If you do not agree to the terms
and conditions of this Agreement, including any future revisions,
you may not use the Services and if you are a current Member, you
must terminate your use of the Services under Section 9.
2. PAYMENT OBLIGATIONS
Payments: All subscription payments shall be made in advance
by credit card transaction to JoAnna Brandi & Company, Inc., or by check
at it offices in Boca Raton, Florida Refunds: Except as otherwise set
forth in the Termination section below, Coach has a thirty (30) day money
back guaranty if you are not completely satisfied with the Lessons.
3. CUSTOMER'S ACCOUNT, PASSWORD,
AND SECURITY.
Upon registration, you the Customer will receive a username
and a password to access the member site and use the lessons. This
is a single user registration. You (the individual Customer) and
only you are authorized to access the Member site, the bulletin
board and the forum. If you wish to purchase a multi-user business
account, for multiple users, contact Coach at: info@customercarecoach.com.
You must keep your password confidential so that no one else may
access the Services through your account. You must notify Coach
immediately upon discovering any unauthorized use of your account.
The use of your individual account
is for the benefit of you and those people you manage within your
organization, multi-manager use or using the account for others
not under your immediate supervision is prohibited. Except as herein
set forth, these lessons are for individual use only and cannot
be resold or distributed without our prior written consent except
as may be set forth within the lessons. Coach reserves the right
to bill a single use Customer for multiple or general entity use
should the foregoing provision be violated. Coach's failure to bill
a single use Customer for said multi-manager use shall not be a
waiver of its right to do so. These lessons are not intended and
are not a substitute for company wide customer or service quality
standards nor for proper compliance with any laws regulating you
or your company's conduct.
4. DISCLAIMER OF WARRANTIES and LIMITATION
OF LIABILITY.
EXCEPT FOR PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED
AS BEING OFFERED BY COACH AND HAVING A WARRANTY, THE SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COACH DOES NOT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR
OF VALUE OR APPLICABLE TO CUSTOMER'S SPECIFIC SITUATION. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN OR IMPLIED FROM THE MATERIALS
OBTAINED BY YOU FROM COACH OR THROUGH OR FROM THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. COACH SHALL
NOT BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT OR TRANSMISSION
OF INFORMATION OR MATERIAL, OR FOR ANY ACTIONS TAKEN IN RELIANCE
THEREON. COACH MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED
WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING
ANY INFORMATION OR SERVICE PROVIDED BY COACH. NO ADVICE OR INFORMATION
GIVEN BY COACH OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. COACH
AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING
DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES INCLUDING ANY
INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES. IN ANY EVENT, COACH'S CUMULATIVE LIABILITY
TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE
SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID
DURING A ONE YEAR PERIOD.
5. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental
or consequential damages. Accordingly, some of the above limitations
may not apply to you.
6. LICENSE.
Coach grants to each Customer a limited, nonexclusive,
nontransferable and non-assignable license to use the Site and its
associated documentation, and any updates thereto ("Licensed Lessons")
in order to access and utilize the Services. Each Customer agrees
to use the Licensed Lessons solely in conjunction with the Services
and for no other purpose. Coach may modify the Licensed Lessons
at any time, for any reason, and without providing notice of such
modification to a Customer. The Licensed Lessons constitute confidential
and proprietary information of Coach and embodies trade secrets
and intellectual property protected under United States copyright
laws, other laws, and international treaty provisions. All right,
title, and interest in and to the Licensed Lessons, including associated
intellectual property rights, are and shall remain with Coach. The
Licensed Lessons are automatically revoked upon Termination (defined
below).
Put simply, the site, the lessons
and the information contained therein are confidential and are the
property of Coach and you are not permitted to use them except as
you have agreed in the subscription agreement. Use other than as
agreed or copying or sharing any information except as otherwise
provided is a violation of this agreement to use the site and may
violate Coach's intellectual property rights - all of which are
actionable.
7. WEB SITE USAGE/ ACCEPTABLE USE
POLICY.
Web Site Usage: Our site on the World Wide Web with
its home pages in the domain "customercarecoach.com" or any other
site operated by Coach (the "Web site") is, except for our subscription
Services, a complimentary information service offered by Coach at
no charge to users. We may provide links on the Web site to other
Web sites which are not under our control. In general, any Web site
which has an address (or URL) which does not contain "customercarecoach.com"
is such a Web site. These links are provided for convenience only
and are not intended as an endorsement by Coach of the organization
or individual operating the Web site or a warranty of any type regarding
the Web site or the information on the Web site.
Attribution of quoted material is
believed to be accurate, should you find any information to be otherwise,
please inform Coach and corrective measures will be taken if appropriate.
Use of Bulletin Board and Forum:
The use of the bulletin board and the forum on this Site are open
only for current members but must not be used inappropriately. Coach
shall be the sole judge of what constitutes inappropriate use or
postings. Any inappropriate postings or comments shall be erased
or deleted by Coach, however Coach will attempt to keep all objectionable
or inappropriate stings, comments or messages off of the forum and
or bulletin board, however it is impossible for Coach to review
postings, comments or messages. All postings, comments or messages
are those of the author posting or making them and are not those
of Coach or any of its officers or employees. Inappropriate postings
or comments include but are not limited to: foul, blasphemous, lewd,
profane, obscene racial or hateful language; sexually oriented comments
of any kind, the use of any entity's or corporation's name or sufficient
reference to identify a corporation or entity; the posting of any
address; the posting of anything containing derogatory remarks or
comments about any person or entity; any type of commercial solicitation
and any posting or comment that is prohibited by any law or rule
governing same.
8. ARCHIVED INFORMATION.
Information regarding your use of the site and the lessons
is archived for twice the length of your subscription agreement.
9. TERMINATION.
You may terminate your account for a full refund within the
first thirty (30) days of your subscription if you are not completely satisfied
with the Lessons by notifying Coach at refund@customercarecoach.com.
You may terminate your account for Services at any time and for any reason
by providing notice of intent to terminate to Coach by emailing your request
to joanna@customercarecoach.com
or by sending your request by certified mail, return receipt requested,
postage pre-paid, addressed to JoAnna Brandi & Company, Inc., 7491 N.
Federal Hwy. #304 C-5, Boca Raton, FL 33487-1658. Your termination will
only be complete upon your receipt of a cancellation confirmation number
from Coach. If you have a multi-user business account, charges to your
account will stop accruing the day Coach provides you with a cancellation
confirmation number. Based on your billing cycle, charges accrued prior
to your termination may apply after you receive a cancellation confirmation.
Without prior notice, Coach may terminate this Agreement, your password,
your account, or your use of the Services, for any reason, including,
without limitation, if Coach, in its sole discretion, believes you have
violated this Agreement, including our Acceptable Use Policy. Coach may
provide termination notice to you by: email addressed to your email account
or by US Mail or courier service to the address you provided for the Services.
All notices to you shall be deemed effective on the first (1st) calendar
day following the date of electronic mailing or on the fourth (4th) calendar
day following the date of first-class mailing or deposit with a commercial
courier service. Sections 3, 4, 5, 6 and 10 of this Agreement shall survive
termination of this Agreement.
10. JURISDICTION.
You agree that the relationship between you and Coach
is governed by Florida law without regard to conflict of law provisions.
You agree to submit to personal and exclusive jurisdiction by and
venue in the state and federal courts of the State of Florida, County
of Palm Beach. The failure of Coach to exercise or enforce any right
or provision of this Agreement shall not constitute a waiver of
such right or provision. Any controversy or claim arising out of
or relating to this Agreement, or the breach thereof, shall be settled
by arbitration, and administered by the American Arbitration Association
under its Commercial Arbitration Rules. Any such arbitration will
be governed by Florida law and will be held in Boca Raton, Florida.
The arbitrator's award shall be final and binding and judgment on
the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof.
11. MISCELLANEOUS.
If any provision of this Agreement is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of this Agreement remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Site or this Agreement
must be filed within one (1) year after such claim or cause of action
arose or be forever barred. This Agreement, the Acceptable Use Policy,
the Privacy Policy, and Coach's other user policies posted on Coach's
Web site constitute the entire agreement between you and Coach with
respect to your use of the Services.
The section titles or headings in
this Agreement are for convenience only and have no legal or contractual
effect.
Coach may revise, amend, or modify
this Agreement, the Acceptable Use Policy and any other user policies
and agreements, at any time and in any manner. Notice of any revision,
amendment, or modification will be posted on Coach's Web site (http://www.customercarecoach.com)
and/or by email and/or by mailings to Customer.
Version 1.1 Effective 09/18/03
Monday, January 5, 2009
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