Terms and Conditions
Effective Date: August 11, 2017
When you sign up for or otherwise use any service within TheWorkingSingleMom.com website (collectively, the “Site,” “we,” “our,” “us,” or other appropriate first-person terms as appropriate), all of which services are hereinafter referred to collectively as the “Service,” you agree to all of these Terms and Conditions (these “Terms”). Please read the following Terms and Conditions carefully, as they form the agreement between you, as the Site user (referred to in these Terms as “User,” “you,” “your,” or other appropriate second-person terms), and the Site.
- Welcome. Thank you for your interest in TheWorkingSingleMom.com! This Service is provided solely for your personal use and entertainment. We hope you enjoy using the Service as much as we do providing it. If you have any questions or concerns for us at any time, please feel free to contact us using the information on our Contact page.
- Your Right to Use the Service. We hereby grant you the right to use the Site and the Service, provided that you agree to these Terms. If, for any reason, you are unable to perform your obligations under these Terms, or if you do not agree to any condition or limitation provided herein, you must immediately cease all use of the Site and Service.
- Content You Post.
- By agreeing to these Terms, you represent and warrant that any material you post or upload to the Site does not in any way infringe on any third party’s intellectual property or other rights. The Site hereby asserts immunity with respect to all content provided by users or other third parties, as provided by law, including, but not limited to, under the Communications Decency Act. Users and others are prohibited from uploading, posting, or in any way sharing or describing to anyone on or through the Site/Service any images or matters which, in our sole opinion, might be illegal or offensive. You may not use the Service or the Site to solicit any information that might be used for unlawful purposes or encourages unlawful activities.
- We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you transmit, submit, display or publish (“post”) on the Site or through or in connection with the Service. After posting Content on the Site or through or in connection with the Service, you continue to retain any such rights that you may have in such Content, subject to the license granted herein. By posting Content on the Site or through or in connection with the Service, you hereby grant to the Site a non-exclusive, fully-paid and royalty-free, sub-licensable, and worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute your Content, including, without limitation, distributing all or part of you Content, in any media formats and through any media channels.
- You may not use the Site or Service for commercial purposes, including, but not limited to, marketing, advertising of goods or services, any investment opportunities, contests, or similar activities. Additionally, we reserve the right, in our sole discretion, to immediately suspend your account, seek injunctive relief, seek civil redress and/or report any conduct that violates these Terms to any and all law enforcement agencies that may have jurisdiction over the matter. In the event any actions or proceedings are brought against the Site as a result of any Content you have shared in, or as a result of you engaging in any prohibited activities, you agree to indemnify and hold the Site harmless with respect to all costs and expenses, including, but not limited to, attorneys’ fees that the Site may incur as a consequence of your posting of such Content or engaging in such prohibited activities.
- Purchases. If you determine to purchase any product or service that we offer through the Site, your purchase will always be handled by a third-party payment processor, such as PayPal, using industry standard encryption for keeping your payment information confidential. We will never see or collect your payment information. You agree to always provide truthful information when supplying your payment information to our third-party payment processors and to only use payment methods for which you are the account holder. We reserve the right to cancel any purchase, for any reason, including without limitation in the event that we suspect that the purchaser has supplied false information to our third-party payment processor.
- Coaching. From time to time, we may offer coaching sessions, either on a one-on-one basis or for groups. These Terms also govern your admission and participation in such coaching sessions. Please note that, as a condition to your participation in any coaching session, you agree to refrain from any photography and recording, video or audio. Notwithstanding any other refund or other purchase policies set forth in these Terms, your admission fee for any coaching session shall be non-refundable. One-on-one coaching sessions are pre-paid, and your one-on-one coaching fee will be forfeit in the event you are unable to attend a scheduled one-on-one coaching session and have not rescheduled at least 24 hours in advanced. Our policy for group coaching events is to allow customers to apply their paid admission fee for a group couching event to a future event if they are unable to attend the group coaching event they originally selected, and we will permit transfer of an admission ticket to a substitute attendee, provided such substitute attendee acknowledges and agrees to all of these Terms to the same extent as if they had purchased admission for themselves. Soliciting of any kind during group coaching events is prohibited. The fee paid for coaching sessions will include the cost of any instructional and other materials provided to you during the session.
- Notice of Intellectual Property Infringement. The Site respects the intellectual property of others, and we ask our community members and others to do the same. We voluntarily observe and comply with the Digital Millennium Copyright Act (the “DMCA”). IT IS OUR POLICY TO TERMINATE ACCOUNTS OF REPEAT COPYRIGHT INFRINGERS WHEN APPROPRIATE. If you believe that your work has been copied through use of the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Service’s Designated Agent for receiving copyright complaints the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where on the Service the material that you claim is infringing is located;
- 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; and
- a statement by you made under penalty of perjury that the 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.
Send your Notice of Claimed Infringement to:
Mark J. Bryn
2 South Biscayne Blvd., Suite 2680
Miami, Florida 33131
Do not send other inquires or information (other than Notices of Infringement) to our Designated Agent. Any other inquiries should be sent using the information on our Contact page.
- Indemnification. You agree to defend, indemnify, and hold the Site and its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from: (i) any breach by you of these Terms; (ii) your use (or misuse) of the Service and/or Site; (iii) all conduct and activities occurring using your account, if any; (iv) any defamatory, libelous, or illegal material(s) contained within your Content or your information or data; and (v) any costs incurred on your behalf as a result of your failure to comply with local or federal laws of the United States. We reserve the right, at our expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so, and we are permitted by these Terms to later seek indemnification from you. You shall not settle any such claim or liability without the prior written consent of the Site. You understand that we will take any and all measures to protect ourselves from any legal or civil litigation, including but not limited to canceling your account, in our sole discretion.
- Termination of Access to the Service. We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of these Terms. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer any such activity to any appropriate law enforcement agencies.
- Proprietary Information. The Service contains information that is proprietary to us and/or users of the Service. We assert full copyright protection in the Service, including all of the design and code embodied therein. Any information shared or posted by us or by users of the Service may be protected whether it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
- No responsibility. We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, “Trojan horses” or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability at any time, and you may stop using the Service at any time.
- Other Links. The Service may from time to time contain links to other sites and resources (“External Links”). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
- No Warranties. The Service is distributed on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS 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 SUCH MATERIAL AND/OR DATA. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Site or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
- Modifications. We may modify these Terms from time to time. Notification of changes in these Terms will be posted on the Service or sent via email, as determined by us in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting or receipt of notice of any changes in these Terms, will constitute a binding acceptance by you of these Terms, as modified.
- Severability. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms.
- Dispute Resolution; Arbitration. All Disputes (including any dispute relating to the arbitrability of these Terms or any provision of these Terms or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules and applying the laws in effect in Williamson County, Tennessee. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or these Terms, or any breach thereof, including any claim that these Terms, or any part of these Terms is invalid, illegal or otherwise voidable or void.
The provisions of this Section 2, entitled Dispute Resolution; Arbitration, must be construed as independent of any other covenant or provision of these Terms; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law.
Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and the Site hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of these Terms. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.
Arbitration will take place exclusively in Williamson County, Tennessee.
You and the Site hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from these Terms or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.
The obligation to arbitrate is not binding upon the Site with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.
The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator’s fees, attorneys’ fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.
You and the Site each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties’ individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.