Terms of Use

THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS, AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY

The following Terms of Use are entered into by and between you and WENDY CARY LLC (the “Company”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of wendycary.com, including any content, functionality, and services offered on or through wendycary.com (the “Website”), whether as a guest or a registered user. These Terms of Use apply to all Wendy Cary LLC products, programs, events, online courses, and other offerings and services available by and through the Company and Website unless explicitly stated otherwise herein. The Company may provide one-on-one and group private coaching offerings, and those shall be subject to separate agreements.

Please read the Terms of Use carefully before engaging with, or making use of, the Website.  It is your responsibility to read these Terms of Use carefully prior to purchase, use or access of any of our content, products, services, or any other content including digital product downloads and online programs. By using, browsing, or engaging with the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.

CHANGES TO THE TERMS OF USE

We may revise, update, and change these Terms of Use from time to time within our sole discretion. Any changes are effective immediately and apply to any and all user access, and use, of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. By making continuous use of this Website you acknowledge that you have apprised yourself of the most current version of the Terms of Use and that you are aware of any changes, as they are, and continue to be, binding on any user or browser of the Website.

PRIVACY

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

DISCLAIMER

Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

It is within our right to withdraw or amend this Website and any service or material we provide on the Website at any time and without notice. The right to establish any changes will remain within our sole discretion and authority. We will not be liable for any reason if all, or any part, of the Website is unavailable at any time or for any period. Periodically, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. If enrolling in a program, usernames and passwords shall be issued for personal use only. The Company reserves the right to decline or refuse enrollment to any person for any reason.

To access the Website or any of its offerings and services, you may be asked to provide certain registration details or other information. It is a condition of your use of and access to the Website, engagement with the content therein, or use of downloadable and accessible content offered by and through the Website that all the information you provide on the Website is correct, current, and complete. You agree that any and all information you provide, including but not limited to the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, login credentials, or any other information as part of our access and security procedures and protocol, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to not use any username that infringes the rights of other users or is otherwise offensive, vulgar, or obscene. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, credentials, or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your username or password or any other breach of security. It is the user’s duty to end each browsing session with this Website wholly and completely by logging out of their account upon the completion of their engagement with the Website, no matter how brief. You agree to ensure that you entirely log out of your account before closing your internet browsing application, before browsing other websites, or at the end of any internet browsing session in which you have logged into this Website, but before moving on to any other site. Users are cautioned against accessing the internet from public internet networks. You should use particular caution when accessing your account from a public or shared network or computer. We will not be liable for any unauthorized use of your account, but you shall be liable to the Company and third parties for any unauthorized use.

We have the right to disable any username, password, user account, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

USE OF THE WEBSITE

Unless otherwise stated, the Company owns the intellectual property and rights to all content and material on the Website and in the products. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

• Republication of content from the Website or products, unless content is specifically and expressly made available for republication;
• Sale, rental, or sub-license of any content from the Website or products;
• Reproduction or duplication of any content on the Website or in the products for commercial purposes;
• Modification of any content on the Website or products, unless content is specifically and expressly made available for modification;
• Redistribution of content of the Website or products unless content is specifically and expressly made available for redistribution;
• Use of the product or Website content to develop a competing website or product, or otherwise create a derivative work as defined under U.S. copyright laws.

You must not use the Website or products in a way that causes, or may cause, damage to the Website or products or impairs any availability of access to the Website or products. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website or products, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website or products to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on, or in relation to, the Website or products without the Company’s express written permission.

You must not use the Website or products to transmit or send any unsolicited commercial communications.

You must not use the Website or products for any third-party marketing without the Company’s express written permission.

INTELLECTUAL PROPERTY

All original materials provided by the Company are owned by the Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of the Company’s intellectual property. All intellectual property remains the property of the Company. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied. The Company will be entitled to the necessary equitable or legal remedies to prohibit any such violations, to protect against the harm of such violations, and to remedy damage done by such violations.

Certain of the names, logos, and other materials displayed on the Website or in the products constitute the Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets, and copyrights (“Company IP”).  You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company, and you agree not to make any claims or assertions of any other party’s ownership of Company IP.

EQUITABLE RELIEF

You acknowledge and agree that in the event of certain breaches of the Terms of Use, the Company may suffer irreparable injury, such that a remedy at law cannot afford adequate protection against, or appropriate compensation for, such injury to the Company. Accordingly, you agree that the Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

COPYRIGHT

Unless otherwise noted, the design, content, and all components of the Website and products are copyrights owned by the Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download or purchase through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download or purchase through this Website are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

ACCURACY AND PERSONAL RESPONSIBILITY

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download or purchase are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions.  You agree to take full responsibility for any harm, damage, or injury (legal or otherwise) that you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download or purchase from this Website. You agree to use good and reasonable judgment and conduct the proper due diligence before taking any actions or implementing any plans or policy or other information suggested or recommended on this Website or the resources accessible by and through this Website.

NO GUARANTEES AS TO RESULTS

As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or the resources available for download or purchase from this Website. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your unique individual situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others – whether clients of the Company or otherwise – are not necessarily representative of results obtainable to any other user through the application or use of the principles, information, recommendations, or any other courses of action set out in this Website. There is no guarantee that you or any other person or entity will be able to obtain results similar to any other individual or entity.

EMAIL AND OTHER ELECTRONIC COMMUNICATIONS

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by email, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.  As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order or other legal obligation.

USE OF COMMUNICATION SERVICES

The Website and Company’s products may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload, or otherwise make available files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload or otherwise make available files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct, forward, post, or otherwise make available surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. The Company reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. The Company reserves the right to terminate your access to any or all the Communication Services, Website, or Company products at any time without notice for any reason whatsoever without any payment or liability to you.

The Company reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. The Company reserves the right to edit, refuse to post or remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in, or engagement with, any Communication Service. Managers and hosts are not authorized by the Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

You are, and shall remain, solely responsible for any content you upload, submit, post, transmit, communicate, share, exchange, receive, consume, utilize, or otherwise obtain or make available by means of the Communication Services, Website, or products and for the consequences of submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED, OR ACTUAL DUTY TO MONITOR THE COMMUNICATION SERVICES, PRODUCTS, OR WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS ON THE COMMUNICATION SERVICES, WEBSITE, OR IN THE PRODUCTS. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE COMPANY HAS NOT, IS NOT REQUIRED TO, HAS NO DUTY TO, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS PARTICIPANTS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS PARTICIPANTS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS PARTICIPANTS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER PARTICIPANTS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER PARTICIPANT IN PERSON. THE COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS PARTICIPANTS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES, LEGAL OR OTHERWISE, ARISING OUT OF OR RELATING TO ANY PARTICIPANT’S CONDUCT, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS.

CONTENT PROVIDED TO THE COMPANY

You grant the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website or Company’s products. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant the Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website or products, you represent that you have the right to grant these permissions for the use of such content by Website, the products, Company and Company’s sublicensees.

Any content you contribute to the Website or products, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or the Company or a third party.

The Company reserves the right to edit or remove: (i) any material submitted to the Website or products; (ii) stored on the Company’s servers; or (iii) hosted or published on the Website or products. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding the Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website or products, and is not responsible for such content.

LINKS TO THIRD-PARTY WEBSITES AND SERVICES

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply any kind of endorsement by the Company or any association with the Linked Website’s operators.

You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website that relates to your use of the Website or products. The Company assumes no control or liability over the content of any third-party sites. You expressly hold the Company harmless from any and all liability possibly related to your use of a third-party website.

Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through, or linked on, the Website or products, it is your responsibility to complete any necessary investigation or due diligence. The Company does not perform psychological testing or background checks on the individuals who may use the Website or Company’s products or services. You understand, acknowledge, and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Website, products, or services provided on the Website or elsewhere. If there is a dispute for any events, commercial transactions, or other transpiring with a third party discovered through or linked on the Website or products, you expressly hold the Company harmless from any and all liability in any dispute or harm that arises from any interaction with third-parties.

Certain products or services made available via the Website are delivered by third-party Websites, organizations, and entities. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service, or functionality on behalf of the Website’s users and customers.

GENERAL PRODUCT TERMS

All products available for download or sale on the Website, such as templates, forms, and courses, were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.  You may not create any derivative works of the products.  When you purchase any of the products, you agree that you will not use any information you gain from the products to create any product or service, whether offered for commercial or personal use, without the express written consent of the Company.  All inquiries for use of Company intellectual property must be submitted to legal@wendycary.com. The Company reserves the right to seek equitable and legal relief for any violation of this term.

USE OF TEMPLATES AND FORMS

The Company may provide various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

By ordering or downloading forms, you agree that the forms you purchase, or download, may only be used by you for your personal or business use and may not be sold or redistributed, in any manner, without the express written consent of the Company.

USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL

The Company from time to time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit or appropriate any of the Courses in any manner. The Courses include the content as specified on the Website.

Full payment in good standing is required for access to the Courses. You will have access to the Courses you have purchased for as long as the Company has specified and as long as you remain in good standing.  The Company has no obligation to give notification of the expiration of any Courses.

The Courses are hosted on a third-party website, and you agree to be bound by such third-party’s terms and conditions and privacy policies. The Company reserves the right to host the Courses on different websites.

By ordering or participating in Courses, you agree that the Courses you purchase, or download, may only be used by you for your personal or business use and may not be sold or redistributed, in any manner, without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

USE OF FREE DOWNLOADABLE CONTENT

The Company provides various resources on this Website, which users may access by providing an email address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit or appropriate any of the Freemium Content in any manner.

By downloading the Freemium Content, you agree that the Freemium Content you download may and will only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

GUESTS

The Company may, periodically, provide information from a third-party in the form of an interview on another platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, and the Company is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

PAYMENT TERMS

You represent and warrant that if you are purchasing something from the Company, that; (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices—including any applicable taxes, and (iv) you will pay the incurred charges in the event that your initial payment method is dishonored—including any surcharge we may incur due to the dishonored payment.

All prices are in US dollars. Prices are subject to change at any time. Any fees and charges incurred as a result of foreign currency transfers in order to pay these fees are at your own expense. The Company will not be liable or offer a reduction in the fees as a result of the charges you incur. You may make payment via credit card or Automated Clearing House (ACH) electronic funds transfer, however, if you are using a payment plan, the Company can only accept credit cards.

Certain products are sold for a one-time fee. Some products may be purchased in accordance with a multi-installment payment plan. You will be required to select a payment plan and provide Company’s third-party payment provider with information regarding your credit card or another payment instrument. You represent and warrant to the Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your user account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until payment has been completed, and you further agree to pay any charges incurred. If you dispute any charges, you must apprise the Company of such dispute within fourteen (14) days after the date that the Company charges you. Access will be revoked to the applicable product if you choose a payment plan or subscription and do not complete the payments on schedule.

CANCELLATION / RESCHEDULING / NO-SHOW POLICY

The Company must be notified at least 24 hours in advance of any scheduled private session that you need to cancel or reschedule. Late cancellations (within 24 hours) or no-shows (over 10 mins late) will result in forfeiture of the session. All sessions must be completed within the agreed upon timeframe and any remaining sessions will be forfeit. This allows the Company to accommodate all clients fairly. Forfeited sessions are not eligible for refunds and are deducted from the remaining purchased sessions.

NO REFUNDS

All sales of products and professional services including but not limited to educational courses, coaching, and consulting are final unless otherwise specified. The Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstance. The refund policy within these Terms of Use must be accepted prior to purchase by clicking the box on the shopping cart page. We do not tolerate any type of chargeback, threat, or actual chargeback from your credit card company or bank.

Certain jurisdictions may have longer periods where refunds will be granted. The Company will honor such periods as required by law.

AFFILIATE MARKETING

Periodically, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

NO WARRANTIES

The Website and products provided by the Company are provided “as is” and “as available” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to the Website, products, or other offerings, or the information and materials provided therein.

The Company makes no warranty that the Website or products will meet your requirements; will be available uninterrupted, error-free, timely, and free of viruses or bugs; or represent the full functionality, accuracy, and reliability of the Website. The Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website or products. The Website and products are written in English. The Company makes no warranty regarding the translation or interpretation of content in any language.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWABLE BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, THE PRODUCTS, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

INDEMNITY

You agree to defend, indemnify, and hold the Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which the Company suffers as a result of third-party claims based on; (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the Commonwealth of Virginia without reference to its conflict of law provisions. Any controversy or claim arising out of, or relating to, the Website, products, Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Should arbitration ensue, the geographic location where any arbitration proceeding shall take place will be in Palmyra, Virginia. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.  This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Website, products, or Terms of Use. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR A COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

INTERNATIONAL USERS

The Website is controlled, operated, and administered by the Company from our offices located within the United States of America (USA). If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use any content accessed through the Website in any country, or in any manner, prohibited by any applicable laws, restrictions, or regulations.

TERMINATION AND ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, you hereby consent to resolve all disputes arising under or related to this Website, the Company’s products or offerings, or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

NO JOINT VENTURE OR OTHER RELATIONSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

CHILDREN’S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact Company immediately at legal@wendycary.com and we will use our best efforts to promptly remove such information from our records.

CHANGES TO TERMS

The Company reserves the right, in its sole discretion, to change the Terms of Use under which the Website is offered. The most current version of the Terms of Use will supersede all previous versions. The Company encourages you to periodically review the Terms of Use to stay informed of our updates.

MISCELLANEOUS

The Terms of Use may not be assigned by you without Company’s prior written consent; however, the Terms of Use may be assigned by Company at its sole discretion.

The failure of the Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by the Website or the Company must be in writing and signed by an authorized representative of the Company.

All notices with respect to the Terms of Use must be in writing and may be to the  Company as set forth below and to your email address.

CONTACT US

The Company welcomes your questions or comments regarding the Terms of Use:

WENDY CARY, LLC

7 W Lake Forest Dr.
Lake Monticello, VA 22963

Email Address: info@wendycary.com

Effective as of September 2020
Updated October 2024