Last Updated:  September 27, 2016

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”) governs your use of www.annedavin.com, which is owned and operated by Anne Davin, Ph.D. (“annedavin.com,” “we,” “us,” or “our”) and is a legally binding document.  By using the Site and any related tools, features, or other services, you (“you, your, User”) are agreeing to accept this Terms of Use Agreement and be bound by it when using the annedavin.com website (“Site”).  We may change or modify the terms of this Agreement for any reason and at any time in our sole discretion. When changes are made, we will notify you by making the revised version available on this web page, and will indicate at the top of this page the date that revisions were last made.  All material modifications will apply prospectively only.  You should revisit these Terms on a regular basis as revised versions will be binding on you.  Any such modification will be effective upon our posting of new Terms.  If you do not agree with the modifications, please do not continue to use the Site.  We reserve the right to terminate your use of the Site at any time and for any reason with or without notice or liability.

ELIGIBILITY

annedavin.com offers inspirational course materials and personal transformation teachings geared to adults.  You must be at least 18 years of age to provide your contact information and request and receive mailings from us (“Subscribe”).  In jurisdictions, territories, and locations where the minimum age for permissible use of the Site is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory.

REGISTRATION

When you sign up for newsletters and information from us, please provide a valid name and email address.  If you enroll in one of our courses, you will select a password and be directed to a page where you may have access to our course materials.  Please keep your password confidential and do not allow others to use it.  We are not liable for any harm caused by disclosure of your password to others, or for the theft or misappropriation of your password.  You agree to notify us immediately in the event that your password becomes compromised, or there is any other need to deactivate them due to security concerns.

Please read our Privacy Policy  which describes the personally identifiable information (“Personal Information”) we collect, use, disclose, manage and store.

OWNERSHIP OF INTELLECTUAL PROPERTY

The contents of this Site, including all Site software , design, text, images, photographs, illustrations, audio and video material, artwork, items, graphics, data bases, applications, proprietary information, copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence, appearance and arrangement of items, and all trademarks, service marks and trade names are the property of annedavin.com and any of their successors and assigns, and any of their respective licensors, advertisers, suppliers, and operational service providers are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.

INFORMATION PRACTICES AND ELECTRONIC COMMUNICATIONS

annedavin.com conducts and keeps records of all transactions through the Site electronically.

When you Subscribe, you may receive communications from annedavin.com.  You may opt out of receiving these communications at any time by “unsubscribing” from them in accordance with the directions given.

If you are going to register for courses, you will be directed to a password protected page so that you can download course materials.  When the course has terminated, your access will also terminate.

RULES OF CONDUCT

Your use of this Site is subject to all applicable local, state, national laws and regulations and as applicable, international treaties.  You shall not use the Site, in any manner that is, attempts to, or is likely to:

  1. Impersonate another person or appear to impersonate anyone else;
  2. Result in the transmission of junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
  3. Transmit, or distribute programs or materials that contain malicious code, such as viruses, timebombs, cancelbots, worms, Trojan horses, spyware, or other potentially invasive or harmful programs or other material or information;
  4. Create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email for any reason;
  5. Disrupt others’ ability to participate on the Site;
  6. Contact anyone who has asked not to be contacted; stalk, annoy or otherwise harass anyone;
  7. Violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;  gain unauthorized access to the Site, others’ names, passwords, personally identifiable information or other computers, websites or pages connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
  8. Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise.

THIRD PARTY LINKED SERVICES

Links provided by third parties may be available on, through or in connection with the Site.  When you click on a third-party link, you are interacting with the third-party, not with anndavin.com which does not control the third-party and cannot dictate their actions.  If you choose to use a third-party site, the site may use and share your data in accordance with its privacy policy.  In addition, the third-party providing the link may use other parties to provide portions of the application or service to you, such as technology, development or payment services.  annedavin.com is not responsible for and makes no warranties, express or implied, as to third-party links or their providers.  We encourage you not to provide any personally identifiable information via any third-party link unless you know and are comfortable with the party and their privacy policies.

DISCLAIMERS

THE SITE DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, PSYCHOTHERAPY AND OTHER MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES OF ANY KIND.  ANNEDAVIN.COM PROVIDES TEACHINGS, INSPIRATION, AND COURSE MATERIALS ONLY.

annedavin.com is not responsible for and makes no warranties, express or implied, as to the accuracy or reliability of any of its content.  annedavin.com makes no representation or warranty, express or implied, that the site will be available for use, or that all products, features, functions, materials or operations will be available or perform as described.  Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors or omissions arising out of your use of this Site.  You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site.

In addition, annedavin.com is not responsible for any damage, injury or loss caused by Users or by any of the equipment or programming associated with the Site.

annedavin.com is not responsible for the conduct, whether online or offline, of any User of the Site.  annedavin.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any User communication.  annedavin.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems, or traffic congestion on the Internet or any of Site’s services including without limitation, any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site’s services or activities.  annedavin.com’s services and activities are provided “AS IS” and “AS AVAILABLE” and expressly disclaim any warranties of any kind including but not limited to a warranty of fitness for a particular purpose or non-infringement.  annedavin.com cannot guarantee and does not promise any specific results from your use of the Site.

IN NO EVENT SHALL ANNEDAVIN.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, DAMAGES OF ANY KIND, INCLUDING CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages may not be applicable in certain jurisdictions.

INDEMNIFICATION

You agree to indemnify, defend and hold the Site, annedavin.com and any of its affiliates or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including but not limited to reasonable attorneys’ fees), resulting from use of the Site by you, or violations of this Agreement by you.  annedavin.com reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with annedavin.com in the defense of such matter.

MAKING PURCHASES

If you wish to sign up for a course offered through annedavin.com, you may be asked to supply certain information including credit card or other payment information.  By initiating a transaction, you warrant and represent that you are (a) are eighteen (18) years of age or older and (b) have the legal right to use the payment means you select.  You agree that all information you provide is accurate, complete and current.  You agree to pay all charges, including shipping and handling charges in effect when such charges are incurred.  You will also be responsible for paying any applicable taxes relating to your purchases.  annedavin.com will be entitled to change the pricing and availability of items offered without prior notice at any time.  annedavin.com does not offer refunds in the event of temporary or permanent price drops following purchases at higher prices.  All sales are final.

RULES FOR PROMOTIONS

Any offers or promotions made available through the Site may be governed by specific rules that are separate from these Terms.  By participating in such promotions, you will become subject to those rules, which may vary from the terms set forth herein.  annedavin.com advises you to review carefully any specific rules applicable to a particular promotion and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities.  To the extent that the rules for a promotion conflict with these Terms, the promotion rules shall control.

ARBITRATION, CONSENT TO JURISDICTION IN SAN FRANCISCO, ATTORNEYS’ FEES

Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Site (“Claims”), except for claims filed in a small claims court that proceed on an individual basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures.  In agreeing to arbitrate all Claims, you and annedavin.com waive all rights to a trial by jury in any action or proceeding involving any Claim.  The arbitration shall be held in San Francisco, California, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.  This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act, 9 USC Section 1, et seq.  This arbitration provision shall survive termination of this Agreement.  Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of California provided that:

Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party.  You and annedavin.com agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.  The prevailing party shall be entitled to attorneys’ fees.

Notwithstanding the provisions for arbitration of claims herein, either of us may bring an action in state or federal court to protect our intellectual property rights (patents, copyrights, moral rights, trademarks, service marks and trade secrets but not privacy or publicity rights).

For claims that are not subject to arbitration:  (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within San Francisco, California (“Forum”) and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and annedavin.com waive any and all rights to trial by jury with respect to any Claims.

MISCELLANEOUS

This Agreement, including our Privacy Policy, and Rules, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and us and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site.  This Agreement cannot be modified or terminated verbally.  If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it valid and enforceable.  Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement.  The Terms are not assignable, transferable or sublicensable by you except with the permission of annedavin.com, but may be assigned or transferred by us without restriction.  Any assignment attempted to be made in violation of the Terms shall be void.  No claim arising out of this Agreement may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of the Site is governed by, construed and enforced in accordance with the laws of the State of California (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in California.

NOTICES

Excepted as expressly stated otherwise, any notices required or allowed under this Agreement shall be given to annedavin.com by postal mail to:  annedavin.com, Attn:  Legal Department, P.O.Box 688, Ross, CA  94967 or as to a successor address that annedavin.com makes available on the Site or through other reasonable manner.

©2016 Anne Davin.  All Rights Reserved.