BY VISITING CHESTERFIELDADVANTAGE.COM
YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
By using www.ChesterfieldAdvantage.com referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Chesterfield Advantage (“Company”). By accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.
Information provided on the Site and related to our service of Business Coaching (the “Service”) is subject to change. Company makes no representation or warranty that the information provided is accurate.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the Site and Service for lawful purposes only.
You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site.
This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof.
You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent.
Any copyright infringement will result in legal action taken on behalf of the Company.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site.
Any other link will be covered by the terms and conditions of that specific site.
You acknowledge and accept that we are not responsible for the terms or practices of third parties.
You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS AND CHARGEBACKS
No refunds are available once Client signs the contract between the Client and Chesterfield Advantage.
In the event that Client terminates services prior to the completion of the Services, Client shall be responsible for the entire fee set forth herein.
To the extent that Client provides Company with Credit-Card information for payment on Client’s account, Company shall be authorized to charge Client’s Credit-Card for any unpaid invoices.
If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so.
Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.
Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.
Chesterfield Advantage shall charge a two-percent (2%) late penalty to all balances that are not paid in a timely manner by Client.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York exclusive of its choice of law rules. The parties agree to attempt to resolve
any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation.
The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Albany, New York and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.
No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site.
By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
Updated: July 2015
By entering this website or purchasing or using the blog, e-mails, an opt-in gift, videos, social media, consultations, programs, products and/or services, from or related to Chesterfield Advantage and www.ChesterfieldAdvantage.com, you are agreeing to accept all parts of this Disclaimer.
Thus, if you do not agree to the disclaimer below, STOP now, and do not use our website, blog, e-mails, videos, social media, programs, products or services or anything you have purchased or experienced through us (collectively “Website, Programs, Products and Services”).
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.
For Educational and Informational Purposes Only
The information provided in or through our Website, Programs, Products and Services is for educational and informational purposes only, and is made available to you as self-help tools for your own use. When serving as a Business Coach, whether through in-person, phone, Skype, online webinars, teleseminars, videos, audio’s, books, e-books, social media, and otherwise in a variety of settings, including but not limited to, individual and/or group programs, classes, workshops, events, retreats, seminars, coaching sessions, consultations and/or trainings, website content, blog, Programs, Products or Services, you acknowledge that I am supporting you in my role exclusively as a Business Coach, and in no other role.
Not Medical, Mental Health, or Religious Advice
The information provided in or through our Website, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counsellor, or social worker), or member of the clergy. Therefore, do not disregard or delay seeking professional medical, mental health or religious advice because of information you have read on this website or received from us. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.
Not Legal or Financial Advice
The information contained in our Website, Programs or Services is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state, and it is constantly changing, and therefore it affects each individual and business in different ways.
As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding your own income and taxes, and any and all information presented by our Website, Programs or Services pertaining to your specific financial and/or legal situation.
Not Holding Self Out
In my capacity as a Business Coach, I serve as a coach, mentor, guide and accountability partner who shares tools and support for accomplishing your wealth, abundance and business goals, and I am not holding myself out as anything else.
. Our Website, Programs, Products, and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Website, Programs, Products, and Services, and you alone are 100% solely and personally responsible for your results. You agree to use your own due diligence and judgment before applying any recommendation or advice that you may receive on or through our Website, Programs, Products and Services.
You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now and in the future.
No Guarantees of Income or of Any Kind
. My role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot and do not guarantee that you will attain a particular business result or income increase or level, and you accept and understand that results differ by each individual. Each individual’s business success depends on his or her background, dedication, desire, and motivation, and a whole host of additional factors.
As with any business-related program or service that you purchase, your results may vary, and will be based on many variables, so therefore no guarantees can be made.
Any earnings or income statements or examples shown through our Website, Programs, Products and Services are only estimates of what might be possible for you. There can be no assurance as to any particular financial outcome based on the use of our Website, Programs, Products or Services.
You agree that we are not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website, Programs, Products and Services. You are solely responsible for your results.
. I present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved or they are comments from individuals who can speak to my character and/or the quality of my work. Each client or individual has approved these testimonials, examples, and photos for use in materials to speak to my Programs, Products and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with my Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by my clients on this Website and through my Programs, Products and Services, are the culmination of numerous variables, some of which I cannot control.
Assumption of Risk
. There are sometimes unknown individual risks and circumstances that can arise during use of my Website, Programs, Products and Services that cannot be foreseen that can influence or reduce results.
I am not responsible for your personal choices or actions before, during or after use of our Website, Programs, Products and Services. You understand that any mention of any suggestion or recommendation on or through my Website, Programs, Products or Services is to be taken at your own risk, with no liability on my part, recognizing that there is a rare chance that illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by me through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve me of any liability or loss that you, your business, or your family or children (if applicable) or any other person, may incur from your or their use, or non-use, of the information provided.
Limitation of Liability
. I will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on my Website, Programs, Products, or Services.
In no event will I be liable to you, or to any other party, for any type of damages, including direct, indirect, special, incidental, equitable or consequential damages, for any use of or reliance on my Website, Programs, Products, and Services, or on those affiliated with me in any way.
I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, any type of loss or damage or otherwise, due to any act or default by me or anyone acting as employees, staff, consultants, agents, interns, business managers, team members, owners, directors, shareholders, affiliates,
joint venture partners, or anyone else affiliated with my business, who is engaged in rendering my Programs, Products or Services, or in carrying out in-person, phone, Skype or online individual and group programs, classes, workshops, events, retreats, seminars, coaching sessions, and/or trainings in any location.
Indemnification and Release of Claims
. You hereby fully and completely hold harmless, indemnify and release me and any of my employees, staff, consultants, agents, interns, business managers, team members, assistants, owners, directors, shareholders, affiliates,
joint venture partners, or anyone else affiliated with my business, from any and all liability, damages, claims; including but not limited to those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, physical or mental disease or condition or issue, or any type of loss or damage or otherwise, even if I am expressly advised in advance of the possibility of such damages or difficulties. You agree that you fully and completely hold harmless, indemnify and release me from any and all causes of action, allegations, suits, sums of money, claims, demands whatsoever, in law or equity that may arise in the past, present or future that arises from your participation in or is in any way related to my Website, Programs, Products and Services. In the event that you use any information, gift, product, program or service provided on or through my Website, Programs, Products and Services by me, or affiliated with me or my business, you are solely liable and responsible for any actions, errors, omissions, or consequences.
Errors and Omissions.
Although every effort is made to ensure the accuracy of information shared on or through our Website, Programs, Products and Services, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or through our Website, Programs, Products and Services or those of any other individual or company affiliated with me in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because business and technology is constantly evolving, we cannot be held responsible for the accuracy, errors or omissions related to my Website, Programs, Products or Services.
I MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR OUR PROGRAMS, PRODUCTS AND SERVICES.
From time to time, I may promote or partner as an affiliate with other individuals or companies whose programs, products and services align with mine.
In the spirit of transparency, I want you to be aware that there may be instances when I promote or market for my partners and in exchange I receive financial compensation in the form of affiliate fees and/or other rewards. Please note that I am highly selective as to the partners whose programs, products and/or services I promote and I only promote or share the programs, products and services of those with whom I think highly. At the same time, any such promotion or marketing does not serve as any form of endorsement. You are still required to use your own judgment when using or purchasing any such affiliate program, product or service to determine that it is appropriate for you as I waive all liability as related to any of my affiliates, including any of their programs, products or services.
Reference or links in my Website, Programs, Products or Services to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute my formal endorsement. I am merely sharing information for your own self-help only. I am not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in my Website, Programs, Products or Services.
Should my Website link or any of my Programs, Products or Services appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website in any way.
By using my Website, Programs, Products and Services you implicitly signify your agreement to all parts of the above Disclaimer.
If you have any questions about this Disclaimer, please contact one of our assistants at concierge@ChesterfieldAdvantage.com
By Visiting ChesterfieldAdvantage.com
www.ChesterfieldAdvantage.com (the “Site”), Visitors and any users of the site are referred to as “user”, “you” and “your” and Company is referred to as “we”, “us”, and “our”.
On the Site, we provide information about business coaching (the “Service”).
INFORMATION WE COLLECT
This Site only collects the personal information you voluntarily provide to us, which includes your name and e-mail address, in order to subscribe to our newsletter or comment on our blog.
If you opt-in to receive our newsletter, the option to unsubscribe will be included in every e-mail.
We do share your information with trusted third parties who provide support in running this website including any blog or newsletter.
All parties will keep your information confidential and will never be shared with unrelated third parties.
We may record information relating to your use of the Site in order to help administer the Site and personalize your experience by improving customer service.
Additionally, we may send cookies (not the tasty kind) to your computer in order to identify your improve our service.
At any point, you may decline the cookies in your Internet settings.
However, doing so may prevent use of some of the Site.
This Site may contain links to third party websites.
You acknowledge and accept that we are not responsible for the privacy policies or practices of third parties.
We do our best to protect your information for any unauthorized access, misuse, or disclosure.
However, you acknowledge that the personal information you voluntarily share could be accessed or tampered with by a third party.
You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission.
Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
You agree to notify us for any breach of security or unauthorized use of your information.
CHILDREN – ONLINE PRIVACY PROTECTION ACT COMPLIANCE
We do not knowingly collect or solicit data online from or market online to children under the age of 18.
CHANGES TO THIS POLICY
Any changes to this Policy will be updated on this page.
Updated: February 2018
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