Please read this Agreement carefully before calling or making a commitment to the services described in the Debra Stefan Fitness Retreat Website. By making a commitment to utilize these services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you need not access the Website or use any services. If these terms and conditions are considered an offer by the Debra Stefan Fitness Retreat, acceptance is expressly limited to these terms.
The Website and services offered are available only to individuals who are at least 13 years old.
You do not claim intellectual property right or exclusive ownership to any of the site’s products or services, whether modified or unmodified. All products and services are the property of Debra Stefan Fitness Retreat. Products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our organization (or any business or individual associated with Debra Stefan Fitness Retreat) be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.
This Agreement does not transfer from Debra Stefan Fitness Retreat to you any Debra Stefan Fitness Retreat or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Debra Stefan Fitness Retreat. Debra Stefan Fitness Retreat, the Debra Stefan Fitness Retreat domain, the Debra Stefan Fitness Retreat logo, and all other trademarks, service marks, graphics and logos used in connection with Debra Stefan Fitness Retreat, or the Website are trademarks or registered trademarks of Debra Stefan Fitness Retreat or Debra Stefan Fitness Retreat’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Debra Stefan Fitness Retreat or third-party trademarks.
Debra Stefan Fitness Retreat reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Debra Stefan Fitness Retreat may also, in the future, revise requirements for client agreement. Such updates and/or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of Warranties.
The materials on Debra Stefan Fitness Retreat’s Website are provided ‘as is’. Debra Stefan Fitness Retreat makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Debra Stefan Fitness Retreat does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability.
In no event will Debra Stefan Fitness Retreat, or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Debra Stefan Fitness Retreat under this agreement during the twelve (12) month period prior to the cause of action. Debra Stefan Fitness Retreat shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of Nevada. You consent to the jurisdiction of federal and state courts within the state of Nevada. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
Should you become a PARTICIPANT, you understand that “disparage” shall mean any negative statement, whether written or oral, about Debra Stefan, both personally and professionally using remarks, comments or statements that impugn the character, honesty, integrity, morality or business acumen or abilities in connection with any aspect of the operation of business of Debra Stefan and her services.
As a PARTICIPANT you agree not to directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way or cause, further, assist, solicit, encourage, support or participate in any of the foregoing, any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward or that reveals, discloses, incorporates, is based upon, discusses, includes or otherwise involves any confidential or proprietary information, or to malign, harm, disparage, defame or damage the reputation or good name whether email, text message, use of Yelp, LinkedIn, Face Book or other online reputation.
PARTICIPANT understands that the liquidated damages clause herein is intended to cover reputational losses suffered by the service provider in the event the disparagement potentially causes the loss of an average live-in client of which the minimum amount is $7,500. Subsequent breaches can result in multiple client losses and further damages, therefore the agreed upon sum is not a penalty, but rather a reasonable measure of damages, based upon the set cost of client fees given the nature of the losses that may result from defamation.
PARTICIPANT AGREES AND IS FULLY INFORMED OF THE CONTENTS OF THE TERMS OF SERVICE AND BY PARTICIPATING AGREES TO ITS TERMS AND EXPRESS ASSUMPTION OF RISK.
Debra Stefan Fitness Retreat owns and operates this website. We are committed to the privacy and security of our visitors’ information. The following is a statement of our privacy practices:
- Your personal information is not required to visit http://debrastefan.com
- Any personal information collected is knowingly provided by you and only when requested/required during account registration for interactive participation on http://debrastefan.com and during the ordering process
- Your IP address is a numeric address assigned to your computer, assigned by your Internet service provider. We automatically collect your IP address as traffic data so that we can send information back to you when requested. This is not used to identify your personal information.
- Referrers are references to the web address you linked from and is automatically passed along by your web browser. We collect referrers your browser sends as part of traffic data. This is not attached to personally identifiable information.
- System information such as your operating system/platform, and the type of web browser you use. This is not attached to personally identifiable information.
- Your information is maintained on a secure web server in what we believe to be a well protected environment.
- Debra Stefan Fitness Retreat only shares personal information to billing companies for completing transactions and for no other purpose. No other information is shared with any other third-party company for any purpose, under any circumstance.
- Debra Stefan Fitness Retreat makes every effort to preserve your privacy, personal information may be disclosed when required by law where we have a good-faith belief that such action is necessary to comply with a judicial proceeding, court order or legal process.
http://debrastefan.com relies on “cookie” technology to allow you to re-access your registered account profile during a web session. This mechanism is employed solely for your convenience and for no other purpose.
This Web site contains links to other sites. Please be aware that we, Debra Stefan Fitness Retreat, are not responsible for the privacy practices of such other sites. We encourage our visitors to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
This web site takes every precaution to protect our visitor’s information. When visitors submit sensitive information via the web site, their information is protected both online and off-line.
We do everything in our power to protect user-information off-line. All of our customers’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.
If visitors have any questions about the security on http://debrastefan.com, feel free to contact Customer Service.
Correcting, Updating, Deleting & Deactivating Personal Information
If a visitor’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a visitor no longer desires our service, we provide a way to correct, update or delete/deactivate personally identifiable information. This can usually be done at the ‘Your Account’ page or by contacting our Customer Service.
Notification of Changes
If, however, we are going to use visitors’ personally identifiable information in a manner different from that stated at the time of collection we will notify users by posting a notice on our web site for 30 days.