1. Acceptance of Terms
Welcome to oldsowconsulting.org or kirstenolson.org (“Website” or “Websites”), which is published and maintained by Old Sow Coaching and Consulting, LLC (“Owner”). Owner provides its service to users of the Website (“you”), subject to the following Terms of Use (“TOU” or the “Agreement”), which may be updated by Owner from time to time without notice to you. Please read these Terms of Use and Privacy Policy carefully before using. Your use of the Website is subject to your acceptance of this Agreement, and when you access, browse, or use this Website, you accept, without limitation or qualification, the TOU Agreement as if you had signed it. Also, when using particular Owner services, you and Owner are subject to any posted guidelines or rules applicable to such services which may be posted from time to time.
2. Privacy Statement (updated August 2018)
We may collect, use, and process your data according to the terms of our Privacy Policy. We are committed to a high standard of privacy protection and we continually review our systems and the data collected to ensure that they meets those standards. Our Privacy Policy is always available in its most updated form here on this website: oldsowconsulting.org/privacy.
3. Restrictions on Use
Any materials posted on the Website that you copy, print, or download are licensed to you by Owner for your personal, non-commercial use only, provided that you do not change or delete any copyright, trademark, or other proprietary notices. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website. Owner reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Owner shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Lifetime access to any course shall mean that the course is available to due for as long as it is present in the Website and on the Internet.
4. Ongoing Training and Memberships
Some consultations, trainings, and online courses are offered in an ongoing manner. By signing up for a membership or recurring payment plan, you agree to make all payments of the plan in the stated time frame. Once you complete the required payments for any program or service, you will continue to have lifetime access (as defined above) to the training or program materials. Should you fail to complete the required payments in the stated time frame, you will lose access to the training or program materials.
5. Information Sharing with Nonaffiliated Third Parties
Because Owner values all customer relationships, it will not disclose customers’ nonpublic personal information to nonaffiliated third parties, except as described in these Terms of Use, our Privacy Policy, or as otherwise permitted by law. We DO NOT allow any email harvesting. If you feel you have been contacted in error by a party other than Owner, please contact Customer Service at oldsowconsulting@gmail.com.
6. Public Communication, Email, and Forum Conduct
You are solely responsible for all content of any type, including but not limited to text, music, and/or photographs (collectively “Content”) that you upload, post, email, transmit or otherwise make available on the Website. Owner does not control the Content posted by you or others on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. Owner will not be liable for any Content, or for any loss or damage of any kind incurred as a result of the use of any made available in any manner through the Website. You agree that you, or any Content you submit, will not: Contain libelous or otherwise unlawful, obscene, or abusive material; harm minors in any way; impersonate any person or entity, including, but not limited to, a Owner official, forum leader, instructor, or other registered member, or falsely state or otherwise misrepresent our affiliation with a person or entity; contain any Content that infringes any patent, trademark, trade secret, copyright or other personal or proprietary rights of any party: contain any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue; interfere with or disrupt the Website or any servers or networks connected to the Website, “stalk” or otherwise harass another person or entity; or collect or store personal data about other users. We do not pre-screen Content, and have no obligation to do so, but you acknowledge that we reserve the right, in our sole discretion to refuse or move any Content that is available via the Website. Without limiting the foregoing, Owner and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable and to terminate your account if you violate any provision of this agreement. You acknowledge and agree that Owner may retain Content and may also disclose Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Owner, its users and the public.
7. Harassment or Intimidation
Sending of abusive or unwanted material causing the work or online experience of others to be disrupted is a violation of Owner policies, may violate the law, and is unacceptable. Targeting another person or organization to cause distress, embarrassment, injury, unwanted attention, or other substantial discomfort is harassment, which is prohibited. Personal attacks or other action to threaten or intimidate or embarrass an individual, group, or organization; or attacks based on a person’s race, national origin, ethnicity, handicap, religion, gender, veteran status, sexual orientation, or another such characteristic or affiliation are prohibited.
8. Content Submitted or Made Available for Inclusion on the Web Site
Owner does not claim ownership of Content you submit or make available for inclusion on the Website. However, with respect to Content you submit or make available on areas of the Website, you grant Owner an irrevocable, royalty-free, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, display, in all languages, and to incorporate such Content into other works in any format or medium now known or later developed.
9. License
You acknowledge and agree that the Website and any necessary software used in connection with the Website (“Software”), as well as all course materials and content provided by Owner, instructors, and/or third parties for any online courses (the “Course Content”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Website, Course Content, or advertisers is protected by copyright, trademarks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, the Course Content, or the Software, in whole or in part. You agree to only use the Software or Course Content for you own personal educational use and no other.
Owner grants you a personal, non-transferable and non-exclusive right and license to use the object code version of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website, or any portion of the Website. You agree not to access the Website by any means other than through the interface that is provided by Owner for use in accessing the Website(s).
10. Indemnity
You agree to indemnify and hold Owner, and its directors, trustees, officers, employees, agents, affiliates, and co-branders, Old Sow Coaching and Consulting, LLC, Kirsten Olson or other partners, licensees, and other users, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Website, your use of the Website, your connection to the Website, your violation of the TOU, or your violation of any rights of any third party.
11. Third Parties
Your correspondence or business dealings with, or participation in promotions of, third parties (companies, students, and other users) found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Owner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
12. Links
The Website may provide, or third parties may provide, links to other World Wide Websites or resources. Because Owner has no control over such sites and resources, you acknowledge and agree that Owner is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU WILL NOT RELY ON ANY INFORMATION PROVIDED AS ALTERNATIVES TO LEGAL ADVICE FROM AN ATTORNEY OR FINANCIAL ADVICE FROM AN ACCOUNTANT.
- OWNER MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL LEAD TO EMPLOYMENT (iii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND ONLINE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR ONLINE SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Termination
You agree that Owner, in its sole discretion and without prior notice to you, may terminate your registered account (or any part thereof) or use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if Owner believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Owner may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. Termination, suspension, or cancellation of this Agreement or your access rights will not affect any right or relief to which Owner may be entitled in law or in equity. Upon termination of this Agreement all rights granted to you will automatically terminate. Paragraphs 3, 6, 9, 10, 11, 12, 13, and 14 shall survive termination of this Agreement.
16. Trademark Information
Owner and Owner trademarks, logos and product and service names are trademarks of Owner. Without Owner’s prior permission, you agree not to display the above or use in any manner.
17. Copyrights and Copyright Agent
Owner respects the intellectual property of others, and we ask our users to do the same. You may notify Owner by providing the following information to our designated agent, as required by 17 U.S.C. § 512, if you believe you have a copyright infringement claim resulting from material posted on this site:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Designated Agent:
Old Sow Coaching and Consulting, LLC
209 Chestnut Avenue
Boston, MA, 02130
Email: oldsowconsulting@gmail.com
18. General Information
The TOU agreement and any posted operating rules constitute the entire agreement between you and Owner and govern your use of the Website, superseding any prior agreements between you and Owner with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may not assign your rights under this Agreement to any third party. The TOU and the relationship between you and Owner shall be governed by the laws of the Commonwealth of Massachusetts, USA without regard to its conflict of law provisions. You and Owner agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Boston, MA, USA. The failure of Owner to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect. Some minimum purchase amount may be required on certain discount coupon codes.
19. Changes to Terms of Use
Owner reserves the right to review and modify these Terms of Use at any time, and any modifications, updates, or changes will be deemed effective immediately upon posting on the Website. We advise you to revisit this page occasionally to become familiar with the most up to date version of these Terms of Use.
20. Violations
Please report any violations of these Terms of Use to: oldsowconsulting@gmail.com
Last Updated: August 2018