YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
AlternativeLifeCoach.com.com provides educational materials to give visitors a general understanding of trademark law. To that extent, the Site includes general information on legal issues. At no time do we draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. AlternativeLifeCoach.com and its Services are not substitutes for the advice of an attorney.
AlternativeLifeCoach.com strives to keep its documents accurate, current and up-to-date. However, because the law changes rapidly, AlternativeLifeCoach.com cannot guarantee that all of the information on the Site is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind AlternativeLifeCoach.com provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
From time to time, AlternativeLifeCoach.com may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, (iii) third party limited scope agreements and (iv) third party attorney referral services. At no time is an attorney-client relationship fostered or created with AlternativeLifeCoach.com through the performance of any such services.
This Site is not intended to create any attorney-client relationship, and your use of AlternativeLifeCoach.com does not and will not create an attorney-client relationship between you and AlternativeLifeCoach.com. Instead, you are and will be representing yourself in any legal matter you undertake through AlternativeLifeCoach.com’s service.
2. Ownership. This Site is owned and operated by AlternativeLifeCoach.com.com, a division of Botown, Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by AlternativeLifeCoach.com or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by AlternativeLifeCoach.com, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of AlternativeLifeCoach.com’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. AlternativeLifeCoach.com does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by AlternativeLifeCoach.com. Any rights not expressly granted herein are reserved by AlternativeLifeCoach.com.
4. Links to Third Party Sites. This Site may contain links to websites controlled by parties other than AlternativeLifeCoach.com (each a “Third Party Site”). AlternativeLifeCoach.com works with a number of partners and affiliates whose sites are linked with AlternativeLifeCoach.com. AlternativeLifeCoach.com is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. AlternativeLifeCoach.com makes no guarantees about the content or quality of the products or services provided by such sites. AlternativeLifeCoach.com is not responsible for webcasting or any other form of transmission received from any Third Party Site. AlternativeLifeCoach.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AlternativeLifeCoach.com of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that AlternativeLifeCoach.com is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Center at (201) 825-1313. In the unlikely event that AlternativeLifeCoach.com’s Customer Care Department is unable to resolve your complaint to your satisfaction (or if AlternativeLifeCoach.com has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AlternativeLifeCoach.com will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney’s fees from AlternativeLifeCoach.com to the same extent or more as you would in court. Under certain circumstances (as explained below), AlternativeLifeCoach.com will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what AlternativeLifeCoach.com offered you to settle the dispute.
(a) AlternativeLifeCoach.com and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “AlternativeLifeCoach.com,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and AlternativeLifeCoach.com are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to AlternativeLifeCoach.com should be addressed to: Notice of Dispute, General Counsel, AlternativeLifeCoach.com, 370 W. Pleasantview Ave., #300, Hackensack, NJ 07601 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If AlternativeLifeCoach.com and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AlternativeLifeCoach.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AlternativeLifeCoach.com or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AlternativeLifeCoach.com is entitled.
(c) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
(d) The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.
Rights and Responsibilities of AlternativeLifeCoach.com:
AlternativeLifeCoach.com is not the publisher or author of the User Content. AlternativeLifeCoach.com takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, AlternativeLifeCoach.com takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email at info@AlternativeLifeCoach.com for help.
If AlternativeLifeCoach.com’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, AlternativeLifeCoach.com reserves the right to delete those files or to stop those processes. If the AlternativeLifeCoach.com technical staff suspects a user name is being used by someone who is not authorized by the proper user, AlternativeLifeCoach.com may temporarily disable that user’s access in order to preserve system security. In all such cases, AlternativeLifeCoach.com will contact the member as soon as feasible.
AlternativeLifeCoach.com has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location, or otherwise change any User Content.
AlternativeLifeCoach.com reserves the right to refuse service to anyone and to cancel user access at any time.
Rights and Responsibilities of AlternativeLifeCoach.com Users or Other Posters of User Content:
You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any AlternativeLifeCoach.com service that allows interaction or dissemination of information. In posting User Content, you agree that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising).
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation.
- that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
- that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
- that contains any computer virus, worms, or other potentially damaging computer programs or files;
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant AlternativeLifeCoach.com a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of AlternativeLifeCoach.com. AlternativeLifeCoach.com permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy.
Ratings and reviews will generally be posted in two to four business days.
By submitting your email address in connection with your rating and review, you agree that AlternativeLifeCoach.com may use your email address to contact you about the status of your review and other administrative purposes.
7. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ALTERNATIVELIFECOACH.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ALTERNATIVELIFECOACH.COM MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. ALTERNATIVELIFECOACH.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL ALTERNATIVELIFECOACH.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF ALTERNATIVELIFECOACH.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.
9. Indemnification. You agree to defend, indemnify and hold harmless AlternativeLifeCoach.com a division of Botown Inc, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
10. Unsolicited Submissions. Except as may be required in connection with your use of AlternativeLifeCoach.com Services, AlternativeLifeCoach.com does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to AlternativeLifeCoach.com through or in association with this Site shall be considered non-confidential and AlternativeLifeCoach.com’s property. By providing such submissions to AlternativeLifeCoach.com you hereby assign to AlternativeLifeCoach.com, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. AlternativeLifeCoach.com shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
11. Compliance with Intellectual Property Laws. When accessing AlternativeLifeCoach.com, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your AlternativeLifeCoach.com user account.
AlternativeLifeCoach.com has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of AlternativeLifeCoach.com or of a third party or that violate intellectual property rights generally. AlternativeLifeCoach.com’s policy is to remove such infringing content or materials and investigate such allegations immediately.
- Notice. AlternativeLifeCoach.com has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
370 w Pleasantview Ave #300, Hackensack, NJ 07601
- Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
13. Compliance with Export Restrictions. You may not access, download, use or export the Site or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
14. Personal Use. The site is made available for your personal use on your own behalf.
15. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
17. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, AlternativeLifeCoach.com ALL RIGHTS RESERVED.
18. Trademarks. AlternativeLifeCoach.com, the PTN shield, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of AlternativeLifeCoach.com. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
19. Inquiries. BY USING ALTERNATIVELIFECOACH.COM’S SERVICES OR ACCESSING THE ALTERNATIVELIFECOACH.COM SITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO ALTERNATIVELIFECOACH.COM VIA THE ALTERNATIVELIFECOACH.COM SITE CONSTITUTES AN INQUIRY TO ALTERNATIVELIFECOACH.COM, AND THAT ALTERNATIVELIFECOACH.COM MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
Updated August 29, 2011