Terms & Conditions - Mary Langfield, LLC

Effective date: [[ January 1st, 2020 ]]

 

General

These Terms and Conditions (“Terms”) constitute an agreement between You (“Your”) and Mary Langfield LLC (“we” or “us”).  Mary Langfield LLC provides health and wellness coaching services through this Website (the “Service”). By accessing this Service and its associated content You acknowledge that you have read, understand and accept these Terms as well as any relevant sections of the Mary Langfield LLC, Privacy Policy. 

You must be at least 18 years old to access this Website or to purchase Services from Us. By agreeing to these Terms, You represent and warrant to Us that: (a) You are at least 18 years of age; (b) You have not previously been suspended or prohibited from accessing the Website; and (c) Your access to the Website is in compliance with all applicable laws. 

You agree that you are accessing the Services on Our Website for individual health and wellness purposes. If you are accessing Our Website or using our  Service on behalf of an organization, You represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization(in which event, “You” and “Your” will refer to that organization).

Purchases of goods or services, and specific sections of the Website may be subject to additional terms and conditions; all additional terms are incorporated into these Terms by reference. You agree to abide by all such other terms and conditions, including representations of having sufficient legal age to use certain portions of the Website or Services. If there are any conflicts between these Terms and terms that are specific to a section of the Website or specific to a particular service offered by the Website, you agree that the latter terms will control with respect to your use of that section of the Website or those particular services.

If you do not agree with these Terms, or are under 18 years old, please do not use the Services or Our Website. If at any time you are not willing to be bound by these Terms, You should:

  1. a) click the “I do not accept” or similar button,
  2. b) terminate any download and/or installation process,
  3. c) immediately cease and refrain from accessing or using the program, and
  4. d) delete any copies you may have.

 

Accounts

As part of the registration or account creation process, You will receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.

The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio and/or visual presentations, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the “Content”) on this Website, or any part of such Content, or share your rights under these Terms to and with others.

You agree that You will not provide false information to Us in generating Your account. Specifically, You agree that you will not

(i) select or use the login credentials of another person or company with the intent to impersonate that person or company; 

or

(ii) use login credentials in which another person or company has rights without such person’s or company’s authorization.

Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspension or termination of your account.

Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, or any license key to any third party, or use the Content, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to you by these Terms.

You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party.

You are responsible for all usage or activity on your account on this Website and related Social Media, including use of the account by any third party authorized by you to use your login credentials.

 

No Refunds

Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, Mary Langfield LLC abides by a strict “no refund policy.” By accepting these Terms, You agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Services offered via this Website.

 

NO WARRANTIES; LIMITATIONS OF LIABILITY 

By accepting these Terms, You agree and understand that We guarantee no specific results from the Services we provide, or the information obtained on the Website. 

THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS”  AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MARY LANGFIELD LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATED TO THE WEBSITE, SERVICES ACCESSED THROUGH THE WEBSITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE WEBSITE INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. MARY LANGFIELD LLC DOES NOT WARRANT THAT THE WEBSITE OR ANY PORTION OF THE WEBSITE, OR ANY MATERIALS OR CONTENT ACCESS THROUGH THE WEBSITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE, OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY  REGARDING MARY LANGFIELD LLC THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OR ACCESS TO THE WEBSITE, AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE WEBSITE.

YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.

In no event will We be liable to You or any party related to You for any damages arising out of or relating to your access to or use of, or your inability to access or use, the Website, or any materials or content available through the Website, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability, statute or otherwise, even if We have been advised of the possibility of such damages. 

Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

INDEMNITY 

You are responsible for your access and use of the Website. You will defend and indemnify Mary Langfield LLC and its members, officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) Your access to, use of, or alleged use of, the Site; (b) Your violation of any portion of these Terms, or any applicable law or regulation; or (c) Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right.

CONSENT TO USE INFORMATION

By accepting these Terms, you agree that We may collect, use and disclose your identifying information obtained as a result of Your membership, for the following purposes:

(i) the processing of this membership application; and

(ii) the administration of the membership with our organization.

Please visit the Privacy Policy for further details on our data protection policy, including how You may access and correct your personal information or withdraw consent to the collection, use or disclosure of your personal information.

Additionally when You communicate with Us, send Us information, or provide Content to Us, You grant Us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.

INTELLECTUAL PROPERTY STATEMENT

YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System are the sole Intellectual Property of Mary Langfield LLC  under United States  copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and Mary Langfield LLC , Mary Langfield LLC and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/ or Visual Presentations, Documentation, and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of Mary Langfield LLC, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Mary Langfield LLC  uses in connection with services rendered by Mary Langfield LLC  are marks owned by Mary Langfield LLC . This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

TERMINATION

We may elect to terminate the Services on this Website at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms. You may terminate any account You establish via this website at any time upon written notice to Us. Correspondence to Us should be sent to [email protected].

MISCELLANEOUS

These Terms may not be modified or amended orally, impliedly, or in any manner not set forth in a duly executed writing or otherwise permitted by these Terms. 

We reserve the right to modify, terminate, or otherwise amend Services available via this Website and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.

Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

GOVERNING LAW 

This Agreement is governed by the laws of the State of Minnesota with respect to any dispute  which may arise under or in connection with these Terms. You agree to submit to binding arbitration venued in Hennepin County, Minnesota to resolve said dispute.

Contact Us

If you have any questions, concerns or complaints about the Terms & Conditions, please contact us:

  • By email: [[ mary [at] marylangfield dot com]]
  • By visiting this page on our website: Contact
  • By phone number: [[ 612 801 8900 ]]
  • By mail: [[ 3541 Bloomington Avenue Minneapolis, MN 55407]]