We refer to the sites and the products collectively in these terms as the “services.” by using any of the services, you acknowledge that you have read, understood, and agree to be bound by and comply with these terms.
DISCLAIMERS; LIMITATIONS OF LIABILITY
Sonia Tully consulting grants you a non-exclusive, non-transferrable, revocable license to use the Services, including the Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms.
We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the services, in whole or in part, including your right to use any products, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.
You may purchase licenses to certain Products through a one-time payment or in monthly installments, as specified on the Sites. When you make a purchase, you authorize us to charge the credit, debit card or PayPal account you provide on a one-time or monthly basis, or payment plan, depending on which payment plan you elect.
We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following: fraudulent orders, incorrect pricing or non-payment.
If you are not satisfied with a Product that you purchased, you are eligible for a full refund of amounts paid for that Product, provided that you: email us at [email protected], no later than thirty (30) days following the date of purchase, requesting a refund, stating the reason for your request.
Notwithstanding the foregoing, certain Product purchases may not be eligible for refund, or might be subject to satisfaction of additional or different criteria, if and to the extent we so provide on the applicable Site(s).
If you receive a refund for a Product, you will have no further right to use that Product. We will have the sole discretion to determine whether you satisfy the eligibility criteria for a refund.
For the avoidance of doubt, unless you are eligible to receive a refund, as provided herein, your obligation to continue to make all monthly payments with respect to a purchase shall remain in effect, notwithstanding the cancellation or termination of the applicable license for such Product.
We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on blog posts, by communicating with us directly or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.
You agree that you will not:
As between you and us, we own the Services, including the Products, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services.
The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of Sonia Tully consulting, which is protected by copyright and other laws respecting proprietary rights.
The Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Sonia Tully consulting retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.
You agree to indemnify, defend and hold harmless Sonia Tully consulting and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, or any breach by you or any user of your account of these Terms.
You shall cooperate as fully as reasonably required in the defense of any such claim. Sonia Tully consulting reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
REPRESENTATIONS AND WARRANTIES
You represent and warrant:
These Terms shall be governed by the laws of the United States of America and the State of Illinois without giving effect to the principles of conflict of laws.
You and we agree that any action or dispute between us will be resolved exclusively by arbitration in the state of illinois.
We may modify these Terms at any time by posting changes on the Sites; however,
If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email to [email protected]
The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.
The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13.
We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access.
We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
No joint venture, partnership, employment or agency relationship exists between you and Sonia Tully consulting as a result of these Terms and/or your use of the Services.
These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and Sonia Tully consulting with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services.
Sonia Tully consulting may assign these Terms at its discretion. You may not assign these Terms.
No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
In addition to money damages, Sonia Tully consulting shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms.
These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent.
The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it.
All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to Sonia Tully consulting. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity.
Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with Sonia Tully consulting. Notices to us shall be sent by email To [email protected]