BY VISITING MARGARETRUSHING.COM, YOU ARE CONSENTING TO OUR
TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to MARGARET RUSHING, sole proprietor. The term the “Site” refers to MARGARET -RUSHING.COM. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
MargaretRushing.com is a website for a blog, digital information products, physical products, and coaching services are for sale (the “Service”).
Use of MARGARET-RUSHING.COM, including all materials presented here in and all online services provided by MARGARET RUSHING, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 14 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 14 are prohibited from using the Site. Information provided on the Site and in the Service related to MARGARET RUSHING Programs and other information are subject to change. MARGARET RUSHING makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error free. MARGARET RUSHING disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to MARGARET RUSHING will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, noncommercial purposes only.
▪ You shall not upload, post, email, transmit, or otherwise make available any content or material
through the Site which:
o violates or infringes the rights of others; or
o is threatening, abusive, defamatory, indecent, pornographic, sexually explicit, libelous, invasive of another’s privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable; or
o promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
o contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law; or
o discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, social security information, health status, or any similar information.
▪ You will not stalk, threaten, or otherwise harass another person;
▪ You will not spam or use the Sites to engage in any commercial activities;
▪ If you post an Registered User Content, you will stay on topic;
▪ You will not access or use the Sites to collect any market research for a competing business;
▪ You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
▪ You will not interfere with or attempt to interrupt the proper operation of the Sites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites through hacking, password or data mining, or any other means;
▪ You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Sites; ▪ You will not use any robot, spider, scraper, or other automated means to access the Sites for any purpose without our express written permission, provided, however, we grant the operators of public research engines permission to use spiders to copy materials from the public portions of the Sites for the sole purpose of and solely to the extent necessary for creating publiclyavailable searchable indices of the materials, but not caches or archives of such materials; ▪ You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and ▪ You will let us know about inappropriate content of which you become aware.
If you find something that violates our Community Guidelines, please let us know and we will review
it. We reserve the right to remove any content that does not adhere to these Community Guidelines.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse or deny service to any order, person or entity, without notice and without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform
us as soon as possible.
FEES AND PAYMENT, CANCELLATIONS, REFUNDS & RETURNS2
As consideration for any purchase you make on the Sites, you shall pay MARGARET RUSHING all applicable fees and taxes. We (or our thirdparty payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (i.e., billing address, card number, expiration date, and CVC code if required), and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as unauthorized disclosure or use of your SignIn Name or Password). You hereby authorize MARGARET RUSHING or her designees to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
NO RETURNS WILL BE ACCEPTED THREE (3) DAYS AFTER PURCHASE. IF IT IS DETERMINED THAT ANY OF THE PROGRAM MATERIAL IS DOWNLOADED, IN ANY PART OR IN ITS ENTIRETY, THERE ARE NO REFUNDS.
Once Services have commenced and the User paid in full, and it is within the three (3) day window from the start of Service, the User is entitled to a refund for Services not rendered, minus a 25% a d m i n i s t r a t i v e f e e . T h e U s e r i s n o t e n t i t l e d t o a r e f u n d f o r t h e t i m e M A R G A R E T R U S H I N G o r designee spent providing Services to the User.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Sites is entirely accurate, current, or errorfree. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITES
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary
right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Sites, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to MARGARET RUSHING. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Sites or Services. Content you submit to MARGARET RUSHING remains yours to the extent that you have any legal claims therein. You agree to hold MARGARET RUSHING harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Sites, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Sites and Services contain intellectual property owned by MARGARET RUSHING, including trademarks, copyrights, proprietary information, and other intellectual property, including videos, coursework, lesson plans, training modules, photographs, software, text, graphic, sound recordings, and other material provided on behalf of MARGARET RUSHING, (collectively referred to as “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites or Services Content or intellectual property, in whole or in part, without our prior written consent. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Site visitors may view all publiclyavailable Content for their own personal, noncommercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, noncommercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Sites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of MARGARET RUSHING. MARGARET RUSHING retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, forum, or in a networked computer environment for any purpose is expressly prohibited.
We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy and you must immediately destroy ay copies that you have
made of the content. We reserve the right to serve you with a Cease and Decist if it is found that you have appropriated or violated this Agreement.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Sites and Services, including these Terms and Conditions, at any time. We will
post the most recent versions to the Sites and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITES OR SERVICES. ADDITIONALLY, MARGARET RUSHING IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF [INSERT YOUR COMPANY NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MARGARET RUSHING’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MARGARET RUSHING, AND IF NO PURCHASE HAS BEEN MADE BY YOU MARGARET RUSHING’S CUMULATIVE
LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with MARGARET RUSHING. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements,
liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, i n c l u d i n g , w i t h o u t l i m i t a t i o n , a t t o r n e y ’ s f e e s , a r i s i n g o u t o f a n y b r e a c h b y y o u o f a n y o f t h e s e T e r m s and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and MARGARET RUSHING pertaining to the Sites and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by MARGARET RUSHING shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by MARGARET RUSHING.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
555 Bryant St. #576, Palo Alto, CA, 94301 U.S.A. and/or firstname.lastname@example.org GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Santa Clara County, CA. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 o r any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a classaction basis or to utilize classaction procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Our failure to act on or enforce any provision of the Agreement shall not be interpreted as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be interpreted as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms and Conditions bind and inure to the benefit of the parties’ successors, assigns, licensees, and sublicensees. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: J ANUARY 2016