This is a legal agreement (“Agreement”) between you and Connell Barrett Coaching Inc., a New York corporation (“CBC”), which may be contacted by email at connellbarrett@datingtransformation.com. By agreeing to these terms and conditions, and using any of the Services (as defined below), you agree to, and are bound by, this Agreement for as long as you continue to use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE NOTIFY CBC, AND IMMEDIATELY CEASE USING THE SERVICES.
The CBC services consist of the following, without limitation: advice and counseling services, and access to CBC materials and content, including, but not limited to, the website https:// connellbarrett.wpengine.com, multimedia, modules, and associated social media content (the “Services”). CBC may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. CBC also reserves the right to cease offering any of the Services at any time for any reason or no reason.
This Agreement is subject to change by CBC in its sole discretion at any time, and any such changes will be provided to you. Your continued use of the Services after being provided with the revisions to this Agreement will constitute your acceptance of such revisions.
Eligibility
a) Minimum Age.
You must be at least 21 years old to use the Services. By using the Service, you represent and warrant that you are at least 21 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
b) Criminal History.
By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. CBC reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. By agreeing to these terms and conditions, you hereby authorize any such background check.
CBC Ownership of Website; Your Access to Information and Permitted Use
a) Website.
CBC is the owner of https://datingtransformation.com (“Dating Transformation Site”) and any attached sites. The Dating Transformation Site contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by CBC. Your use of the Dating Transformation Site and access to the Information contained therein is expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement.
b) Use of Information.
You may download, view, copy, and print the Information incorporated into the Dating Transformation Site solely for your personal, non-commercial use. The Information may not be transferred to, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the Dating Transformation Site, to facilitate unfair competition with the Dating Transformation Site, or for any purpose that is inappropriate or unlawful under applicable United States or international law or otherwise in violation of these Terms and Conditions. CBC reserves all rights, including but not limited to, intellectual property rights in connection with the Services and Information, not expressly granted to you.
Use of Services
As a user of the Services, you agree to the following:
a) Risk Assumption and Precautions.
You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with others, including dating. You agree to take all necessary precautions when meeting individuals, using the Services, or applying the Services’ techniques and/or methods. CBC IS NOT RESPONSIBLE FOR ANY OF YOUR ACTIONS WHEN USING OR RELYING ON THE SERVICES – ALL OF YOUR ACTIONS ARE YOUR OWN RESPONSIBILITY.
b) No Guaranteed Outcome.
You understand that CBC makes no guarantees, either express or implied, regarding specific outcomes or interactions with a specific person or persons. You further understand that this is a “done with you” program that requires your commitment and participation in order for the Services to be effective. Any payment made by you to CBC is final and non-refundable.
c) Restrictions.
You agree that you will not engage in any activity that:
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
is intended to or tends to harass, annoy, threaten or intimidate any others;
is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
promotes or enables illegal or unlawful activities, violates someone’s privacy, harms or harasses another person;
disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
d) Credit card/payment disputes.
You agree not to seek to have money returned to you by contesting charges with your credit card company or contesting charges made on a payment platform such as PayPal or Venmo. To seek to contest charges without the consent of CBC is a breach of contract, and CBC will be entitled to pursue repayment at the client's legal expense.
Term of Agreement and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or CBC may terminate the Services at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. CBC reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. In the event this Agreement or use of the Services is terminated or suspended for any reason, you agree that all fees then paid to CBC by you will be nonrefundable and all outstanding or pending payments will be immediately due.
Limitation of Liability
a) No Incidental Damages and Aggregate Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CBC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL CBC’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE PRICE PAID BY YOU FOR THE SERVICES.
b) No Liability for non-CBC Actions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CBC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS, OR ANY OTHER INTERATIONS WITH OTHERS.
Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless CBC and each of its officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising from and/or relating to any claim and/or occurrence, which arise from and/or relate to: (a) your use the Services or actions taken in connection with such use; (b) any violation of any terms of this Agreement, (c) any violation of any rights of, and/or damage claimed by, a third party; and/or (d) any violation of any applicable laws, rules, or regulations. CBC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CBC in asserting any available defenses.
Miscellaneous
a) User Information. You acknowledge and agree that CBC may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend CBC, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person is threatened.
b) Disclaimer of Warranty.
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CBC GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
c) Entire Agreement and Non-Waiver.
It is understood and agreed that no failure or delay in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof, or the exercise of any right, power or privilege hereunder. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provisions of this Agreement, which shall remain in full force and effect. This Agreement contains the complete statement of all the agreements and understandings among the parties hereto with respect to the subject matter hereof, and all prior agreements among the parties hereto with respect to the subject matter hereof, whether written or oral, are merged herein and shall be of no further force or effect.
d) Governing Law and Arbitration.
This Agreement and the rights and obligations of the parties hereto and any claims or disputes relating thereto shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflicts of laws). All claims, disputes, and other matters in question between the parties arising out of or relating to the Agreement or the breach thereof that cannot be resolved by the parties shall be submitted for resolution to binding arbitration to be administered by the New York City office of the American Arbitration Association or as otherwise mutually agreed upon between the parties.
AS FEATURED IN:
