Last updated 02/27/2023
Welcome to CarpenterCoaching.com (“Site”). This Site is owned and operated by Carpenter Coaching, LLC (“Carpenter Coaching,” “we” or “our”). Your use of the Site and/or submission of any information to us through the Site constitute your agreement to be bound by these Terms of Use (“Terms”) and our Privacy Policy without limitation or qualification. The information contained in this Site is not intended as and shall not be understood or construed to be medical or mental health advice.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 15). BY USING THIS SITE, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND CARPENTER COACHING WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THIS SITE.
1. Agreement. These Terms do not apply to the Services offered by Carpenter Coaching, but only to your use of this the Site. A separate agreement is required to obtain Services and can be accessed and accepted by selecting the Service that you wish to purchase on the Site. These Terms are subject to change at any time without prior written notice by Carpenter Coaching. The most recent version of these Terms will be posted on the Site. Your use of the Site after updated Terms have been posted (which will show the date of the most recent update) will constitute your acceptance of and agreement to any changes in the Terms. No automated access to the Site is allowed nor any access for the purpose of competing against Carpenter Coaching.
2. Ownership. This Site is owned and operated by Carpenter Coaching. All elements in the Site, including text, logos, graphics, photos, sound recordings and video (collectively, the “Content”) are owned or licensed by Carpenter Coaching. Except as provided in the Terms, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site confers any license under any of Carpenter Coaching’s intellectual property rights. Any rights not expressly granted are reserved.
3. Limited Permission to Download. Carpenter Coaching grants you permission to download, view, and print the Content found on the Site for your personal, informational use (not any commercial use) provided that (a) all copyright and trademark notices are not altered or removed, (b) the Content is not posted to any other website, social media, or any networked computer environment, and (c) the Content is not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms. Upon any termination, you agree to immediately destroy any downloaded or printed Content. Any unauthorized use of any Content contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations, and statutes as well as other rights, laws, rules, regulations, and statutes.
4. Your Representations. You represent to Carpenter Coaching that you are at least 18 years old and will use the Site without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party.
5. Disclaimer. We are providing the Site to you “as is” and “as available” without express or implied warranties of any kind. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL CARPENTER COACHING HAVE ANY LIABILITY TO YOU FOR ANY LOSS OF USE, PROFIT, REVENUE OR DATA AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
7. Links to Third Party Sites. The Site may contain links to websites controlled by parties other than Carpenter Coaching (each a “Third Party Site”). Carpenter Coaching may work with several partners and affiliates whose sites are linked to our Site, but Carpenter Coaching is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from a Third-Party Site, or any changes or updates to such sites. Carpenter Coaching makes no guarantees about the content or quality of the products or services provided by such sites. Any Third-Party Site link in our Site is provided to you only as a convenience, and the inclusion of any link does not imply endorsement by Carpenter Coaching of the Third-Party Site. You acknowledge that you bear all risks associated with access to and use of content, products or services provided on a Third-Party Site and agree that Carpenter Coaching is not responsible for any loss or damage of any sort you may incur from dealing with a third party.
8. IP Law Compliance. When accessing the Site, you agree to obey the law respecting the intellectual property rights of others including Carpenter Coaching. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, and other intellectual property ownership. You agree not to upload, download, display, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit to the Site.
9. DMCA Notice. If you believe that any Content infringes your copyrights, you may seek the removal of such Content by providing notice to us in accordance with the take down notice provisions of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3)(A) to Carpenter Coaching’s designated copyright agent: carpentercoachingllc@gmail.com.
10. Inappropriate Content. When accessing the Site you agree not to upload, display, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for products or services. Carpenter Coaching reserves the right to terminate or delete such content from its servers and terminate your access to the Site if you repeatedly post content that Carpenter Coaching reasonably believes infringes another party copyright or these Terms. Carpenter Coaching will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
11. No Third-Party Beneficiaries. These Terms are for your sole benefit and nothing in the Site or these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.
12. Force Majeure. Carpenter Coaching shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
13. Assignment. Carpenter Coaching may assign or otherwise transfer any or all its rights or obligations under these Terms, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties under these Terms at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
14. Partial Invalidity. If any part of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
15. Governing Law and Binding Arbitration. These Terms are governed by the laws of the State of Illinois without regard to its conflict of laws principles. Subject to all applicable laws, you are agreeing to give up: (a) your right to litigate any claims that may arise under these Terms in court or before a jury; and (b) your right to consolidate any claim and/or participate in any class-action claim that may arise under these Terms in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising under these Terms which cannot be amicably resolved by us shall be solely and finally settled by arbitration before a single arbitrator administered by ADR Systems in accordance with its commercial arbitration rules. The arbitration shall take place in Will County, Illinois. The parties will share the cost of arbitration equally. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of Illinois. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear all its own costs; provided, however, that the prevailing party shall be entitled to reimbursement for its actual costs incurred, including reasonable attorney’s fees. This Section provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms.
16. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
17. Entire Agreement. These Terms, along with any instructions that we provide you relating to any goods you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to their subject matter.