Synergy Empowerment Coaching, LLC
Terms of Service
Websites operated by Synergy Empowerment Coaching, LLC, including Your
Hospitality Partner and It’s About the Destination, may be referred to
throughout the site by the terms “we”, “us” and “our.” Synergy Empowerment
Coaching, LLC offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here. By visiting our site and/or
purchasing something from us, you engage in our “Service” and agree to be
bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced herein
and/or available by hyperlink. These Terms of Service apply to all users of the
site, including without limitation users who are browsers, vendors, customers,
merchants, and/or contributors of content. Please read these Terms of Service
carefully before accessing or using our website. By accessing or using any part of
the site, you agree to be bound by these Terms of Service. If you do not agree to
all the terms and conditions of this agreement, then you may not access the
website or use any services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service. Any new features or
tools which are added to this website or store shall also be subject to the Terms
of Service. You can review the most current version of the Terms of Service at
any time on this page. We reserve the right to update, change or replace any
part of these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
SECTION 1 – ONLINE TERMS
By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state of residence, or that you are the age of majority in
your state of residence and you have given us your consent to allow any of your
minor dependents to use this site. You may not utilize our services or products
for any illegal or unauthorized purpose nor may you, in the use of the Service,
violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination
of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You
understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during transfer
over networks. You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or access to the Service or
any contact on the website through which the service is provided, without
express written permission by us. The headings used in this agreement are
included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete, or
more timely sources of information. Any reliance on the material on this site is
at your own risk. This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the contents of this site at any time, but we have
no obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
The price for our products and services are subject to change without notice. We
reserve the right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time. We shall not be liable to you or to
any third-party for any modification, price change, suspension or discontinuance
of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
We reserve the right, but are not obligated, to limit the sales of our products or
services to any person, geographic region or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product
pricing are subject to change at any time without notice, at the sole discretion of
us. We reserve the right to discontinue any product at any time. Any offer for
any product or service made on this site is void where prohibited. We do not
warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in
the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any request for service you place with us. Specific
details are outlined in our Client Agreement. These restrictions may include
orders placed by or under the same customer account, the same credit card,
and/or requests that use the same billing and/or shipping address. We may
attempt to notify you by contacting the e-mail and/or billing address/phone
number provided at the time you initiated your request. You agree to provide
current, complete, and accurate purchase and account information for all
purchases made through our website. You agree to promptly update your
account and other information, including your email address and credit card
numbers and expiration dates, so that we can complete your transactions and
contact you as needed. For more detail, please review our Client
Agreement/Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input. You acknowledge and agree that we
provide access to such tools “as is” and “as available” without any warranties,
representations, or conditions of any kind and without any endorsement. We
shall have no liability whatsoever arising from or relating to your use of optional
third-party tools. Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s). We may also, in the future, offer new services
and/or features through the website (including, the release of new tools and
resources). Such new features and/or services shall also be subject to these
Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include
materials from a third-party. Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are not responsible for
examining or evaluating the content or accuracy and we do not warrant and will
not have any liability or responsibility for any third-party materials or websites,
or for any other materials, products, or services of any third-party. We are not
liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any third-
party websites. Please review carefully the third-party’s policies and practices
and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should
be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions without a request from
us, or you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively, ‘comments’),
you agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments. We may, but have no obligation to, monitor, edit or
remove content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these
Terms of Service. You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive, or obscene material, or contain
any computer virus or other malware that could in any way affect the operation
of the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or any
third-party as to the origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the website or client
agreement is governed by our Privacy Policy. To view our Privacy Policy, click on
the Privacy Policy link on our website.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to descriptions,
pricing, promotions, offers, and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or cancel
requests for service if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have submitted
your request). We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without
limitation, pricing information, except as required by law. No specified update or
refresh date applied in the Service or on any related website, should be taken to
indicate that all information in the Service or on any related website has been
modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability; (f) to
submit false or misleading information; (g) to upload or transmit viruses or any
other type of malicious code that will or may be used in any way that will affect
the functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any
obscene or immoral purpose; or (k) to interfere with or circumvent the security
features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website
for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free. We do not warrant that the results
that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you. You
expressly agree that your use of, or inability to use, the service is at your sole
risk. The service and all products and services delivered to you through the
service are (except as expressly stated by us) provided ‘as is’ and ‘as available’
for your use, without any representation, warranties or conditions of any kind,
either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement. In no case shall Synergy Empowerment
Coaching, LLC, our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any injury, loss,
claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based
in contract, tort (including negligence), strict liability or otherwise, arising from
your use of any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any loss
or damage of any kind incurred as a result of the use of the service or any
content (or product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or jurisdictions
do not allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be limited to
the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Synergy Empowerment
Coaching, LLC and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out of your
breach of these Terms of Service or the documents they incorporate by
reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of any
other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes. These
Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you
no longer wish to use our Services, or when you cease using our site. If in our
sole judgment you fail, or we suspect that you have failed, to comply with any
term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision. These Terms of Service
and any policies or operating rules posted by us on this site or in respect
to The Service constitutes the entire agreement of the use of this site and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service). Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
drafting party. Upon signing a separate Client Agreement for services, you then
agree to be bound to the Terms and Conditions provided within that signed
client agreement for services described and provided therein.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of the
United States of America and the laws of the State of Delaware.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at
this page. We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting updates and changes to
our website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service following
the posting of any changes to these Terms of Service constitutes acceptance of
those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: P.O. Box 246,
Seaford, DE 19973 or shelley@synergyempowermentcoaching.com.