2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
8. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.
9. Additional Terms and Conditions
CALM Online (the "Course") is owned and operated by Denise Marek (“Life by Design”, “us” or “we”). All images, text, content and publications ©2018: Denise Marek.
PLEASE READ THESE ADDITIONAL TERMS & CONDITIONS CAREFULLY BEFORE USING THE COURSE. By using the Course, you signify your agreement to these Additional Terms & Conditions. If you do not agree to these Additional Terms & Conditions, you may not use the Course.
The Course is presented for informational purposes only. While Denise Marek and Life by Design endeavour to be current, complete, and accurate, it is possible that the information contained in the Course could include errors.
The Course and products/services contained thereon are not substitutes for the advice and treatment of a licensed health care professional or other professional(s). We urge users to seek the advice of a professional and not rely solely on the information posted on this or any Course or website. Denise Marek and Life by Design do not assume, and shall not have, any liability to users for injury or loss of any sort in any way, and howsoever caused arising out of, or otherwise in connection with, the use of this Course in reliance with any of the information available on this program. We make no representations or warranties.
No information or any part thereof, may be downloaded except for your own personal, non-commercial use. Any other use of the information obtained from the Course, in part or in whole without the prior written permission of Denise Marek is strictly prohibited.
This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of CALM Online (the “Course”) and describes the terms and conditions applicable to your access of and use of the Course. This Agreement may be modified at any time upon posting of the modified agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content included in the Course is and shall continue to be the property of Life by Design or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Course is prohibited without express permission by Life by Design. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Course. Calm Online is the trademark or registered trademark of Life by Design. Other product and company names mentioned on this Course may be trademarks of their respective owners.
(b) User Supplied Content. By accessing our forum, bulletin board, chat room, or any other user interactive area of our Course, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our Course a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.
(c) Personal Use. Life by Design grants you a limited, revocable, nonexclusive license to use this Course solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials from and in the Course, reverse engineer or break into the Course, or use materials, products or services in violation of any law. The use of this Course is at the discretion of Life by Design and Life by Design may terminate your use of this Course at any time.
(d) Other Uses. All other use of Content from the Course, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Course (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without Life by Design prior express written consent.
(a) Disclaimer of warranties. The information in this Course is provided on an `”as is,” “as available” basis. You agree that use of this Course is at your sole risk. Life by design disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of: merchantability, fitness for a particular purpose, and non-infringement. Your sole and exclusive remedy relating to your use of the Course shall be to discontinue using the Course.
Furthermore, Life by Design does not warrant that use of the Course will be uninterrupted, available at any time or from any location, secure or error-free, that defects will be corrected, or that the service is free of viruses or other harmful components. Life by Design, its subsidiaries, vendors and affiliates disclaim any responsibility for the deletion, failure to store, or untimely delivery of any information or materials, and any material downloaded or otherwise obtained through the Course. Use of the Course’s services is done at your own discretion and risk, and you will be solely responsible for any damages to your computer systems or loss of data that may result from the download of such information or material.
(b) Limitation of Liability. Life by Design shall not be responsible or liable to providers or any third parties under any circumstances for any indirect, consequential, special, punitive or exemplary damages or losses, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses which may be incurred in connection with Life by Design or the Course, or use thereof, or any of the data or other materials transmitted through or residing on the Course or any services, or information purchased, received or sold by way of the Course, regardless of the type of claim or the nature of the cause of action, even if Life by Design has been advised of the possibility of damage or loss.
(c) Earnings Disclaimers. The information presented in this Course is intended to be for your educational and entertainment purposes only. We are not presenting you with a business opportunity. We are not presenting you with a distributorship. We are not making any claims as to income you may earn. We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and seek the advice your own personal professional advisors, such as your attorney and your accountant.
Where income examples are mentioned (if any), those examples are anecdotal information passed on to us concerning the results achieved by the individual sharing the information. We have performed no independent verification of the statements made by those individuals. Please do not assume that you will have the same results.
Success in any endeavor is based on many factors individual to you. We do not know your educational background, your skills, your prior experience, or the time you can and will devote to the endeavor. Please perform your own due diligence before embarking on any course of action. Follow the advice of your personal qualified advisors. There are risks in any endeavor that are not suitable for everyone. If you use capital, only “risk” capital should be used.
There is no guarantee that you will earn any money using any of the ideas presented in our in materials. Examples in our materials are not to be interpreted as a promise or guarantee of earnings. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s. No guarantee is made that you will achieve any result at all from the ideas in our material.
You agree that we will not share in your success, nor will we be responsible for your failure or for your actions in any endeavor you may undertake.
Please understand that past performance cannot be an indication of possible future results.
Materials in our Course and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements in our materials are intended to express our opinion of earnings potential. They are opinions only and should not be relied upon as fact.
4. Terms Relating to User Supplied Course Content.
(a) Participate at Your Own Risk. You enter and participate in our forum, bulletin board, chat room, or any other user interactive area of our Course, and gain access to the materials contained thereon at your own risk.
(b) No Monitoring. We do not monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of our Course and we are not responsible for any material that any of our forum, bulletin board, chat room, or any other user interactive area of our Course participant posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our forum, bulletin board, chat room, or any other user interactive area of our Course is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum, bulletin board, chat room, or any other user interactive area of our Course. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of our Course based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, bulletin board, chat room, or any other user interactive area of our Course. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our Course.
(d) No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our Course. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our Course participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own statements and materials that you post in our forum, bulletin board, chat room, or any other user interactive area of our Course and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
(f) Removal of Material. As a participant in our forum, bulletin board, chat room, or any other user interactive area of our Course, you agree that we may remove any materials from our forum, bulletin board, chat room, or any other user interactive area of our Course for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our Course or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our Course at any time.
(g) Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our Course for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
(h) Right to Terminate. We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our Course at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
(i) Prohibitions. You agree that you will not:
1. use our forum, bulletin board, chat room, or any other user interactive area of our Course for any illegal purpose,
2. place any material in our forum, bulletin board, chat room, or any other user interactive area of our Course that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party,
3. place any material in our forum, bulletin board, chat room, or any other user interactive area of our Course that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person,
4. place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of our Course,
5. place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of our Course,
6. pretend to be another person that you are not,
7. place materials in our forum, bulletin board, chat room, or any other user interactive area of our Course that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in our forum, bulletin board, chat room, or any other user interactive area of our Course.
(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the Course. You may not use the Course to compile a collection of listings, including a competing listing product or service. You may not use the Course or any Materials for any unsolicited commercial e-mail.
(b) Intended Audience. This Course is intended for adults only. This Course is not intended for any children under the age of 18.
(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Course. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold Life by Design and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Course.
(f) DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Course;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
6. Guarantee.The Course comes with a 30-day, conditional money back guarantee. If Buyer is not fully satisfied and meets the terms and conditions set forth (including the requirement to submit written proof that Buyer has completed all of the modules along with documentation of completion of all assigned Course homework) for each product purchased, they may request a refund if within 30 days from date of purchase of the Course.
We can be reached via e-mail at [email protected]