The following Terms of Use are entered into by and between You and DELIBERATE
DOING LLC (“Company”, “we”, or “us”).
The following terms and conditions, together with any documents
they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to
and use of DELIBERATEDOING.COM including any content, functionality and
services offered on or through DELIBERATEDOING.COM (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the
Website. By using the Website or by
clicking to accept or agree to the Terms of Use when this option is made
available to you, you accept and agree to be bound and abide by these Terms of
Use and our Privacy Policy, incorporated herein by reference. If you do not
want to agree to these Terms of Use including the agreements incorporated by
reference herein, you must not access or use the Website.
This Website is offered and available to users who are 18 years of
age or older. By using this Website, you represent and warrant that you are of
legal age to form a binding contract with the Company and meet all of the
foregoing eligibility requirements. If you do not meet all of these
requirements, you must not access or use the Website.
Changes
To the Terms Of Use
We may revise and update these Terms of Use from time to time in
our sole discretion. All changes are effective immediately when we post them,
and apply to all access to and use of the Website thereafter. Your continued
use of the Website following the posting of revised Terms of Use means that you
accept and agree to the changes. You are expected to check this page from time
to time so you are aware of any changes, as they are binding on you.
Privacy
Your use of the Website is also subject to the Company’s Privacy
Policy. Please review our Privacy Policy, which also governs the Website and
informs users of our data collection practices. Your agreement to the Privacy
Policy is hereby incorporated into these Terms of Use.
Disclaimer
Your use of the Website is also subject to the Company’s Disclaimer.
Please review our Disclaimer, which also governs the Website and informs users
of various limitations regarding the information provided on the Website. Your
agreement to the Disclaimer is hereby incorporated into these Terms of Use.
Accessing
The Website And Account Security
We reserve the right to withdraw or amend this Website and any
service or material we provide on the Website in our sole discretion without
notice. We will not be liable if for any reason all or any part of the Website
is unavailable at any time or for any period. From time to time, we may
restrict access to some parts of the Website, or the entire Website, to users,
including registered users.
To access the Website or some of the resources it offers, you may
be asked to provide certain registration details or other information. It is a
condition of your use of the Website and any resources downloaded from the
Website that all the information you provide on the Website is correct,
current, and complete. You agree that all information you provide to register
with this Website or otherwise, including but not limited to through the use of
any interactive features on the Website, is governed by our Privacy Policy, and
you consent to all actions we take with respect to your information consistent
with our Privacy Policy.
If you choose, or are provided with, a user name, password or any
other piece of information as part of our security procedures, you must treat
such information as confidential, and you must not disclose it to any other
person or entity. You also acknowledge that your account is personal to you and
agree not to provide any other person with access to this Website or portions
of it using your user name, password or other security information. You agree
to notify us immediately of any unauthorized access to or use of your user name
or password or any other breach of security. You also agree to ensure that you
exit from your account at the end of each session. You should use particular
caution when accessing your account from a public or shared computer so that
others are not able to view or record your password or other personal
information.
We have the right to disable any user name, password or other
identifier, whether chosen by you or provided by us, at any time in our sole
discretion for any or no reason, including if, in our opinion, you have
violated any provision of these Terms of Use.
No
Unlawful Or Prohibited Use And Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use the Website and the resources available for download
from the Website strictly in accordance with these Terms of Use.
As a condition of your use of the Website, you warrant to the
Company that you will not use the Website or any of the resources available for
download from the Website for any purpose that is unlawful or prohibited by
these Terms. You may not use the Website or any of the resources available for
download from the Website in any manner that could damage, disable, overburden,
or impair the Website or interfere with any other party’s use and enjoyment of
the Website. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for
through the Website.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Website, is the property of the Company or its suppliers and
protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other
proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate
in the transfer or sale, create derivative works, or in any way exploit any of
the content, in whole or in part, found on the Website or any of the resources
available for download from the Website.
The Company content is not for resale. Your use of the Website or
any of the resources available for download from the Website does not entitle
you to make any unauthorized use of any protected content, and in particular
you will not delete or alter any proprietary rights or attribution notices in
any content. You will use protected content solely for your individual use, and
will make no other use of the content without the express written permission of
the Company and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of the Company or our
licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all
related names, logos, product and service names, designs, and slogans are
trademarks of the Company or its affiliates or licensors. You must not use such
marks without the prior written permission of the Company. All other names,
logos, product and service names, designs and slogans on this Website are the
trademarks of their respective owners.
For
Educational And Informational Purposes Only
As set forth more fully in the Disclaimer, the information
contained on this Website and the resources available for download through this
Website are for educational and informational purposes only. The information
contained on this Website and the resources available for download through this
Website is not intended as, and shall not be understood or construed as legal,
financial, tax, medical, health, or any other professional advice.
Accuracy
And Personal Responsibility
As set forth more fully in the Disclaimer, we have done our best to
ensure that the information provided on this Website and the resources
available for download are accurate and provide valuable information, but we
cannot guarantee the accuracy of the information. Neither the Company nor any
of its owners or employees shall be held liable or responsible for any errors
or omissions on this Website or for any damage you may suffer as a result of
failing to seek competent advice from a professional who is familiar with your
situation.
By using this Website, you accept personal responsibility for the
results of your actions. You agree to
take full responsibility for any harm or damage you suffer as a result of the
use, or non-use, of the information available on this Website or the resources
available for download from this Website. You agree to use judgment and conduct
due diligence before taking any actions or implementing any plans or policy suggested
or recommended on this Website.
No
Guarantees As To Results
As set forth more fully in the Disclaimer, you agree that the
Company has not made any guarantees about the results of taking any action,
whether recommended on this Website or not. The Company provides educational
and informational resources that are intended to help users of this Website
succeed. You nevertheless recognize that your ultimate success or failure will
be the result of your own efforts, your particular situation, and innumerable
other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar
outcome. Thus, the results obtained by
others – whether clients of the Company or otherwise – applying the principles
set out in this Website are no guarantee that you or any other person or entity
will be able to obtain similar results.
Email
And Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes
electronic communications. You consent to receive electronic communications and
you agree that all agreements, notices, disclosures, and other communications
that we provide to you electronically, via email and on the Website, satisfy
any legal requirement that such communications be in writing.
We would be pleased to communicate with you by e-mail, and there
are various places on this Website that provide you the ability to send an
electronic communication to the Company. Any such email or other electronic
communication, however, does not create a business relationship or any
contractual relationship. As set forth
more fully in our Privacy Policy, we will take reasonable steps to ensure that
any communications remain confidential, but we cannot guarantee the security of
such communications and cannot guarantee that we would not be required to
disclose such communications as a result of a court order.
Use
Of Communication Services
The Website may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, blog comment
sections and/or other message or communication facilities designed to enable
you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to
use the Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when
using a Communication Service, you will not: defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others; publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary
consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s
computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such
messages; conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded, restrict or
inhibit any other user from using and enjoying the Communication Services;
violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any
applicable laws or regulations.
The Company has no obligation to monitor the Communication
Services. However, the Company reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole discretion. The
Company reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in the Company’s sole
discretion.
Always use caution when giving out any personally identifying
information about yourself in any Communication Service. The Company does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, the Company specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are
not authorized the Company spokespersons, and their views do not necessarily
reflect those of the Company.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you upload the materials.
Materials
Provided To The Website
The Company does not claim ownership of the materials you provide
to the Website (including feedback and suggestions) or post, upload, input or
submit to any Website or our associated services (collectively “Submissions”). However, by posting,
uploading, inputting, providing, or submitting your Submission you are granting
the Company, our affiliated companies, and necessary sub-licensees permission
to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate, and
reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. The Company is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in
the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your
Submission you warrant and represent that you own or otherwise control all of
the rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
Links
To Third Party Websites And Services
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites
are not under the control of the Company and the Company is not responsible for
the contents of any Linked Website, including without limitation any link
contained in a Linked Website, or any changes or updates to a Linked Website. The
Company is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by the Company of the Website
or any association with its operators.
Certain services made available via the Website are delivered by
third-party Websites and organizations. By using any product, service, or
functionality originating from the Website, you hereby acknowledge and consent
that the Company may share such information and data with any third party with
whom the Company has a contractual relationship to provide the requested
product, service or functionality on behalf of the Website’s users and
customers.
[THE FOLLOWING SECTIONS ARE OPTIONAL
BASED ON YOUR BUSINESS. INCLUDE ALL THAT APPLY]
Use
Of Templates And Forms
The Company provides various templates and/or forms for download
and/or sale on this Website. The Company grants you a limited, personal,
non-exclusive, non-transferable license to use our templates and/or forms for
your own personal or internal business use. Except as otherwise provided, you
acknowledge and agree that you have no right to modify, edit, copy, reproduce,
create derivative works of, reverse engineer, alter, enhance or in any way
exploit any of the templates and/or forms in any manner, except for
modifications in filling out the templates and/or forms for your authorized
use.
By ordering or downloading Forms, you agree that the Forms you
purchase or download may only be used by you for your personal or business use
and may not be sold or redistributed without the express written consent of the
Company.
Use
of Paid Courses, Programs, and Associated Material
The Company from time-to-time provides various courses, programs,
and associated material for sale on this Website. The Company grants you a
limited, personal, non-exclusive, non-transferable license to use our courses,
programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as
otherwise provided, you acknowledge and agree that you have no right to modify,
edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance
or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses
you purchase or download may only be used by you for your personal or business
use and may not be sold or redistributed without the express written consent of
the Company.
By ordering or participating in Courses, you further agree that you
shall not create any derivative work based upon the Courses and you shall not
offer any competing products or services based upon any information contained
in the Courses.
Use
Of Free Downloadable Content
The Company provides various resources on this Website, which users
may access by providing an e-mail address. The Company grants you a limited,
personal, non-exclusive, non-transferable license to use our resources provided
in exchange for an email address (the “Freemium
Content”) for your own personal or internal business use. Except as
otherwise provided, you acknowledge and agree that you have no right to modify,
edit, copy, reproduce, create derivative works of, reverse engineer, alter,
enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Fremium
Content you download may only be used by you for your personal or business use
and may not be sold or redistributed without the express written consent of the
Company.
By downloading the Freemium Content, you further agree that you
shall not create any derivative work based upon the Freemium Content and you
shall not offer any competing products or services based upon any information
contained in the Freemium Content.
Guests
The Company may, from time to time, provide information from a
third party in the form of a podcast guest interview, interview on other platform,
guest blog post, or other medium. The Company does not control the information
provided by such third-party guests, is not responsible for investigating the
truth of any information provided, and cannot guarantee the veracity of any
statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by
the Company agree to transfer all intellectual property rights they may have in
any such interviews to the Company and further provide a license to any rights
they are unable to assign.
Cancellation
Of Subscription
Certain of the Company’s products and services are offered on an
ongoing basis with a monthly or yearly subscription. Users may cancel
subscriptions at any time by emailing ADMIN@DELIBERATEDOING.COM
Your subscription shall continue until the end of the existing
subscription period and shall terminate at the completion of that period. You
shall not be charged after a cancellation.
No
Refunds
All sales are final, and the Company does not offer any money-back
guarantees. You recognize and agree that you shall not be entitled to a refund
for any purchase under any circumstances.
No
Warranties
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR
OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS,
MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR
THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation
of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS
THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A
RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES
YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU
AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES,
INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL
LOSS OR DAMAGES FOR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE
COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
WEBSITE.
Dispute
Resolution
You hereby expressly waive any and all claims you may have, now or
in the future, arising out of or relating to this Website, the Company, any and
all contracts you enter into with the Company, and any and all of the Company’s
products and services. To the extent that you attempt to assert any such claim,
you hereby expressly agree to present such claim only in the state or federal
courts that are geographically nearest to INDIANAPOLIS, INDIANA.
International
Users
The Service is controlled, operated and administered by the Company
from our offices within the USA. If you access the Service from a location
outside the USA, you are responsible for compliance with all local laws. You
agree that you will not use the Company Content accessed through the Website in
any country or in any manner prohibited by any applicable laws, restrictions or
regulations.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorneys’ fees) relating
to or arising out of your use of or inability to use the Website or services,
any user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. The Company reserves the right, at its
own cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with
the Company in asserting any available defenses.
Termination
And Access Restriction
The Company reserves the right, in its sole discretion, to
terminate your access to the Website and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
and you hereby consent to resolve any and all disputes arising under or related
to this Website or the Terms of Use pursuant to the Dispute Resolution Clause
above. Use of the Website is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation,
this section.
No
Joint Venture Or Other Relationship
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and the Company as a result of this agreement
or use of the Website. The Company’s performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement is
in derogation of the Company’s right to comply with governmental, court, and
law enforcement requests or requirements relating to your use of the Website or
information provided to or gathered by the Company with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Entire
Agreement
Unless otherwise specified herein, this agreement, along with the
Privacy Policy and Disclaimer, constitutes the entire agreement between the
user and the Company with respect to the Website and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and the Company with respect to the Website. A
printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
Changes
to Terms
The Company reserves the right, in its sole discretion, to change
the Terms under which the Website is offered. The most current version of the
Terms will supersede all previous versions. The Company encourages you to
periodically review the Terms to stay informed of our updates.
Contact
Us
The Company welcomes your questions or comments regarding the Terms:
Last updated as of 03/2020.