TERMS AND CONDITIONS OF USE OF: Brittany Policastro Coaching LLC
Welcome to http://brittanypolicastro.com/.
The http://brittanypolicastro.com/ website (the “Site”) consists of various web pages operated by Brittany Policastro Coaching LLC. http://brittanypolicastro.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of http://brittanypolicastro.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
http://brittanypolicastro.com/ is an E-Commerce Site.
This website provides Sexual Liberation Coaching Services and Programs for 1:1 and group clients as well as weekly blog and podcast posts to support clients in the realm of sex, kink, tantra, relationships and polyamory.
CONTENT
For purposes of this Agreement, “Content” includes, without limitation, information, data, text, photographs, videos, audio, written posts, articles, resources, comments, software, scripts, graphics, and other features generated, provided, or otherwise made accessible on or through the Services. The Content provided through the Services includes discussions about sex, relationships, tantra, kink polyamory and related subjects. All Content is for informational purposes only and should neither be construed as medical advice, nor substituted for professional medical expertise or treatment. The views, thoughts, and opinions expressed in the Content through the Services are solely those of the Company. Company makes no representations as to the accuracy or completeness of any Content on this site. Company is not responsible for any links to third-party websites, applications, or other services, including social media platforms. Company strongly advises that you review the terms, policies, disclaimers, and conditions of every website that you visit.
Electronic Communications
Visiting http://brittanypolicastro.com/ or sending emails to Brittany Policastro Coaching LLC 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 Site, satisfy any legal requirement that such communications be in writing.
COMMUNICATION AND CONFIDENTIAL INFORMATION
For purposes of this Agreement, the term “Confidential Information” shall mean any and all confidential or proprietary information of any nature and in any form which at the time is not generally known to the public disclosed by you to Company, directly or indirectly, whether in writing, orally, or by electronic submission, with the exclusion of Feedback (defined below). The Company may use your Confidential Information to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. Company reserves the right to maintain a database of current and past email subscribers. Company reserves the right to use this information as reasonably necessary in its business practices and as provided by law. Company will not sell User information to any third parties.
You may opt out of receiving any, or all, of these communications by following the unsubscribe link or instructions provided in a subsequent email, or by contacting Company directly through the email provided below.
Children Under Thirteen
Brittany Policastro Coaching LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://brittanypolicastro.com/ only with permission of a parent or guardian.
Cancellation/Refund Policy
All products and/or services offered by the Site contain their own Refund Policy. Please refer to each product or services individual refund policy for that relevant information.
Links to Third Party Sites/Third Party Services
http://brittanypolicastro.com/ may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Brittany Policastro Coaching LLC and Brittany Policastro Coaching LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Brittany Policastro Coaching LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brittany Policastro Coaching LLC of the site or any association with its operators.
Certain services made available via http://brittanypolicastro.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://brittanypolicastro.com/ domain, you hereby acknowledge and consent that Brittany Policastro Coaching LLC may share such information and data with any third party with whom Brittany Policastro Coaching LLC has a contractual relationship to provide the requested product, service or functionality on behalf of http://brittanypolicastro.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use http://brittanypolicastro.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Brittany Policastro Coaching LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Brittany Policastro Coaching LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Brittany Policastro Coaching LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Brittany Policastro Coaching LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Brittany Policastro Coaching LLC or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Brittany Policastro Coaching LLC from our offices within the 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 the Brittany Policastro Coaching LLC Content accessed through http://brittanypolicastro.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Brittany Policastro Coaching LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Brittany Policastro Coaching LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Brittany Policastro Coaching LLC in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Brittany Policastro Coaching LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRITTANY POLICASTRO COACHING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BRITTANY POLICASTRO COACHING LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRITTANY POLICASTRO COACHING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRITTANY POLICASTRO COACHING LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRITTANY POLICASTRO COACHING LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Brittany Policastro Coaching LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brittany Policastro Coaching LLC as a result of this agreement or use of the Site. Brittany Policastro Coaching LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Brittany Policastro Coaching LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Brittany Policastro Coaching LLC 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.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Brittany Policastro Coaching LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Brittany Policastro Coaching LLC with respect to the Site. 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 to the parties that this agreement and all related documents be written in English.
Changes to Terms
Brittany Policastro Coaching LLC reserves the right, in its sole discretion, to change the Terms under which http://brittanypolicastro.com/ is offered. The most current version of the Terms will supersede all previous versions. Brittany Policastro Coaching LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
If there are any questions regarding these Terms and Conditions, you may contact us at: Brittany@brittanypolicastro.com