Terms of Use
Please read these Terms of Use carefully before using this website. If you do not agree with and accept these Terms of Use, please immediately discontinue using this website.
This website, wendyaxelrod.com, is owned and operated by Wendy S. Axelrod Coaching & Consulting, LLC (“we,” “us” or “our”). Your use of this website is governed by the following terms (“Terms of Use”), which constitute a legally binding agreement made between you and WSACC concerning your access to, and use of, wendyaxelrod.com as well as any other related or linked social media or mobile platform (collectively, the “Website”). You agree that by accessing or using the Website, you have read, understood, and agree to be bound by these Terms of Use in their entirety, whether or not you have read them.
We reserve the right, in our sole discretion, to modify these Terms of Use at any time, for any reason and without notice. Updates will be indicated by the “Date Last Updated” at the bottom of this policy. Your continued access or use of our Website after those modifications have become effective constitutes your agreement that you waive any right to receive specific notice of each such change and that you have agreed to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
The information provided by this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who access this Website from such locations are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Any use or access by anyone under the age of 18 is prohibited. By accessing or using this Website, you represent and warrant that you are at least 18 years old.
Privacy Policy.
The terms of our Privacy Policy are incorporated by reference into these Terms of Use. Please refer to our Privacy Policy to review how our Website uses cookies to store information and how to disable them.
Disclaimer.
The terms of our Disclaimer are incorporated by reference into these Terms of Use.
Intellectual Property Rights.
Our Website, programs, services and all materials available on or through our Website are the proprietary property of WSACC and/or, where indicated, of our Affiliates or licensors, and are protected by copyright, trademark and other United States intellectual property and unfair competition laws, and international conventions. Unless otherwise indicated, this includes, but is not limited to, the text, information, documents, layout, website design, data, databases, source code, software, logos, graphic images, audio/video clips and photographs (collectively, the “Content”). If you have purchased a service or program, or otherwise entered into a separate agreement with us, you will also be subject to the terms of that agreement or terms and conditions, which shall prevail in the event of a conflict.
Our Limited License to You.
Provided that you are eligible to use this Website, you will be considered our Licensee if you view, purchase or access our Website or any of its Content. As our Licensee, you are granted a revocable, non-transferable, limited license to access and use this Website and Content and to download or print a copy of the individual pages or call recordings to which you have properly gained access solely for your personal, non-commercial use.
As a Licensee, you understand and acknowledge that this Website and its Content, including Content on any social media platform, have been developed or obtained by us through the investment of significant time, effort and expense, and that this Website is valuable, special and unique assets of ours which need to be protected from improper and unauthorized use.
Except as expressly provided in these Terms of Use, no part of this Website and Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, marketed, modified, used to create derivative works or otherwise exploited in any manner or medium (including by email or other electronic means) for any public or commercial use or for use in any way that earns you money, without WSACC’s prior express written consent. All requests for written consent should be sent to wendy@wsaxelrod.com.
You expressly agree that you will not copy, steal or duplicate our Website or Content. Duplication, sharing or uploading any information obtained in our programs or services with others, or downloading or sharing information contrary to this limited license is considered stealing and theft, and we will prosecute such theft to the full extent of the law. You may not in any way at any time use, copy, adapt, imply or represent any of our Website or its Content as if it is yours or created by you. By downloading, printing, or otherwise using our Website and Content for personal use, you in no way assume any ownership rights of the Website and Content.
As a Licensee, to use certain features of the Website or Content, including programs or services, you may need a username, user ID, password or other means of restricted access (collectively “Credentials”). You expressly agree to treat your Credentials and any Content or information accessible through your Credentials as strictly private and confidential; you are not permitted to share them with anyone. You are solely responsible for protecting your Credentials, for all activities (whether by you or by others) that occur under your Credentials and for any loss or damage resulting from your failure to protect them. You agree to notify us immediately of any unauthorized use of your Credentials. If we learn that you have shared your Credentials with another person, we reserve the right to immediately terminate your access to the Website or Content, including programs or services.
We reserve all rights not expressly granted to you in and to this Website and Content.
Your License to Us.
By posting or submitting any material via our Website, email, text or social media platform pages, such as comments, posts, blog entries, photos, images or videos or other contributions (“Material”), you are representing that you are the owner, or are posting or submitting with the express consent of the owner, of all such materials.
When you submit or post any Material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. This license grant to us includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction without any further permission from you or compensation by us to you. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. To the extent the Material contains Personal Information as defined in our Privacy Policy, you may, at any time, ask us to delete the Personal Information. You further acknowledge that we have the right, but not the obligation, to use and display any Materials from you of any kind and that we may elect to cease the use and display of any such Materials (or any portion thereof), at any time for any reason whatsoever.
Digital Millennium Copyright Act.
If you believe that any content on this Website infringes upon your intellectual property rights and was posted without your authorization, you or an agent authorized to act on your behalf may notify us at wendy@wsaxelrod.com and request that we remove the information from the Website. Please include in your request your name, contact information, the nature of your work, how it is being violated, proof of intellectual property registration, the URL of the violating use and any other information you believe is relevant and will help us assess your request.
Your Conduct.
You agree that you will not use our Website or its Content in any way that causes or is likely to cause access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You agree that you will use the Website and its Content for lawful, non-commercial purposes only and not for any of the following purposes:
- To use for fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties
- To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
- To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your Materials
- To reproduce, duplicate, copy or resell any part of our Website or its Content in contravention with these Terms of Use or any other agreement you have with us
- To circumvent, disable, or otherwise interfere with any security-related features of this Website or its Content
- To launch any unauthorized, automated script or other software that accesses, reads, alters or collects our Website and its Content without our express, prior written authorization, except as may be the result of standard search engine or Internet browser usage
Online Purchases.
You agree to only purchase programs or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content.
If you make a purchase from us or from our Affiliates or other merchants on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number and billing information, may be collected by us, the Affiliate, our affiliate software, and/or our payment processing company. Please review our Privacy Policy for how we comply with securing your personal data and our Disclaimer for more information about Affiliates.
Your participation, correspondence or business dealings with any Affiliate, other merchant or payment processing company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds and/or delivery related to your purchase, are solely between you and the Affiliate, other merchant or payment processing company. You agree that we shall not be responsible or liable for any loss, damage, refunds, fees or other issues, problems or concerns of any kind that you incurred as the result of such dealings with an Affiliate or other merchant.
Payment processing companies, Affiliates and other merchants may have privacy and data collection practices that are different from ours; we have no responsibility or liability for their independent practices or policies. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of the payment processing company, Affiliate or other merchant or us that specifically apply to your purchase. For more information regarding a payment processing company, Affiliate or other merchant and the terms and conditions that may apply, visit their respective websites or contact them directly.
You release us, our Affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through your use of our Website or its Content.
Links to Other Websites.
We may provide links to other websites maintained and owned by third parties. We have no control over the contents or functionality of those websites and these Terms of Use do not apply to them. We expressly disclaim all responsibility for the content, accuracy of the information and/or quality of products or services provided by or advertised on such third-party websites. These links are provided solely for your convenience. The inclusion of any link in our Website to any other website does not imply our endorsement, sponsorship or approval of that website or its owner. You further acknowledge and agree that WSACC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance on, any such content, goods or services available on or through any such websites or services, and that you shall hold us harmless from any such harm.
Limitations on Linking and Framing.
Unless otherwise provided in a prior, written agreement between you and WSACC, you must adhere to the following limitations on linking and framing: (i) the link’s appearance, position and other aspects must not damage or dilute the goodwill associated with WSACC’s name and intellectual property, (ii) the link must “point” to the WSACC Website root domain name and not to other pages within the Website, (iii) the link’s appearance, position and other attributes must not create the false appearance that your organization is sponsored, endorsed or approved by, or affiliated or associated with WSACC (iv) the link must display the Website on full-screen and not within a “frame” on the linking website when selected by a user, and (v) WSACC reserves the right to revoke its consent to the link at any time and in its sole discretion.
Termination.
We reserve the right, in our sole discretion, to refuse, terminate or suspend your access to the Website and any programs or services at any time without notice or liability and for any reason whatsoever, including, without limitation, breach of these Terms of Use. In the event of termination, you are no longer authorized to access the Website. The restrictions imposed upon you with respect to content on this Website, materials received in connection with purchased programs and services, and the disclaimers and limitations of liabilities set forth in these Terms of Use and in our Privacy Policy and Disclaimer, shall survive termination whether by you or us.
Violations.
WSACC reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block Website access from a particular Internet address and to refer any illegal or unauthorized use of the Website to law enforcement. Please refer to our Disclaimer for our provisions addressing Indemnification and Release of Claims, Limitation of Liability, and Survivability and Waiver.
Governing Law and Venue.
These Terms of Use, Privacy Policy and Disclaimer and any dispute or claim arising out of or related to these policies, shall be governed by and construed in accordance with the laws of the State of New York without reference to its choice of law provisions. The venue for any actions will be in the State of New York and County of New York. You further submit to the exclusive jurisdiction of the state and federal courts sitting in New York, New York.
You agree that you must email your concerns to us at wendy@wsaxelrod.com in a good faith attempt to resolve the matter prior to seeking legal resolution.
Contact Us.
If you have any questions about these Terms of Use, please contact us at: wendy@wsaxelrod.com.
Date Last Updated: 12/2/2021