Welcome to www.contrastbydesign.com (the “Website”) operated by Contrast by Design (also referred to herein as “we”, “our”, and “us”). This page states the Terms and Conditions (the “Terms”) under which you may use this Website. Please read this page carefully. By accessing the Website you agree that you have read and understand these Terms and agree to abide by the Terms stated herein. We may revise these Terms and Conditions at any time by updating this posting and the Website at any time without notice to you, and you agree to be bound by such changes.
Section 1. Use of Material
The contents of the Website, such as text, graphics, images and other material ("Material") are protected by copyright under both United States and foreign laws. We authorize you to view the Material (defined below) available on the Website solely for your personal, noncommercial use. Unauthorized use of the Material may violate copyright, trademark, and other laws. All copyright and other proprietary notices contained in the Material must not be removed without our prior written consent. You may not sell or modify the Material or copy, reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose, without our prior written consent. The use of the Material on any other Website or in a networked computer environment for any purpose is prohibited, unless otherwise noted.
Special rules may apply to the use of certain software and other items provided by or licensed to us by third parties and made available on the Website. Any such special rules may be found on the website for such third party and we make no representations or warranties of any kind with respect to such third party software or items.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
You may not systematically retrieve Material from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Creating an Account
For your convenience, you may create an account on this Website (an “Account”). To protect your Account, you should choose a unique username and password that is not a name, birthday, street address, or other personal commonly known information associated with you. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account or password. You also agree to provide us with accurate, complete and current information, and to update information provided to us if and when such information should change. We reserve the right to cancel your Account for any reason at any time, in our sole discretion.
By creating an Account with us or by sending e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this website. You consent to receive communications from us electronically. Further, you agree that all communications including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Section 3. Disclaimers and Liability
The Material may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Website and/or the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
We do not warrant that the Website will operate error-free or that this Website and its server are free of computer viruses and other harmful goods. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, we are not responsible for those costs. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website.
The Website and Material are provided on an "as is" basis without any warranties of any kind. We disclaim all warranties, including the warranty of merchantability, non-infringement of third-parties rights, and the warranty of fitness for particular purpose to the fullest extent permitted by law. We make no warranties about the accuracy, reliability, completeness, or timeliness of the Material, services, software, text, graphics, and links.
We are not a healthcare practitioner or provider. The Material and any information provided through this Website is for general informational purposes only and is not intended to constitute or substitute for (i) medical advice or counseling, (ii) the practice of medicine including but not limited to psychiatry, psychology, psychotherapy or the provision of health care diagnosis or treatment, (iii) the creation of a physician-patient or clinical relationship, or (iv) an endorsement, a recommendation or a sponsorship of any third party, product or service by us or any of our related companies, agents, employees, consultants or service providers. If you have or suspect that you have a medical problem, contact your health care provider promptly. Information and statements regarding dietary supplements available on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You acknowledge and agree that you will consult with your physician if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health or general well-being.
We are not rendering any legal, financial, psychological, sports, health, nutritional, counseling services or advice by placing information on this Website. We assume no liability or responsibility for any errors or omissions in information on this site. Use the information and Material provided by or on this Website only with the assistance of competent legal, financial, psychological, sports, health, nutritional, counseling and/or medical counsel.
Section 4. Links to Other Sites
We have not necessarily evaluated the third-party products, services, or ideas posted or promoted on the Website, or the statements or claims made about them, and accepts no responsibility or liability in connection with them. Before making any purchase, you may want to seek more information from the marketer of the product, service, or idea, or from third parties including, but not limited to, a Better Business Bureau, federal or state regulatory authorities, or independent professionals.
Section 5. Submissions To Us
We will not be responsible for lost or damaged ideas, comments, concepts, suggestions or critiques for articles, ezines, products, books, downloads, products or other items submitted to or via this Website. Unless otherwise agreed to in writing, any submissions or ideas submitted to us become our sole property and you transfer and assign copyright privileges to us without limitation or financial obligation.
By posting communications to the Website, you automatically grant us, a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication and/or elements thereof alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Submissions to or via the Website that do not request a confidential answer are considered to be non-confidential and automatically grant us permission to reproduce, distribute or otherwise use your submissions in our marketing, promotional, or advertising campaigns.
We do not represent or guarantee the accuracy or reliability of any communications posted by other users of the Website or endorse any opinions expressed by users of the Website. You acknowledge that any reliance on material posted by other users will be at your own risk.
Section 6. Limitation of Liability
In no event shall we, our affiliates, our members, directors, officers, managers, employees, shareholders, agents, and licensors, or any third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages, including reasonable attorneys' fees, resulting from lost data, lost opportunity, or business interruption) resulting from the use or inability to use the Website and the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.
Section 7. Indemnity
You agree to defend, indemnify, and hold harmless us and our associates, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. You shall provide notice to us promptly of any such claim, suit, or proceeding and shall assist us, at your expense, in defending any such claim, suit or proceeding. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Section 8. Unsolicited Email (SPAM)
Unsolicited and/or commercial email (SPAM) is not permitted by the Website. You must immediately remove the domain name contrastbydesign.com from any mailing lists unless we have specifically requested to be on those lists. We reserve the right to prosecute under any applicable spam laws. Sending unsolicited email communication to any address containing the domain name, "contrastbydesign.com," constitutes legal notice and acceptance of this policy. This is the only notice which violators will receive.
Section 9. Personal Information
Section 10. Removal From Our Lists
If you have asked to be added to our mailing list we may contact you concerning product orders, information you have requested, or new products, services or upcoming programs and events that may be of interest to you. If at any time you decide that you no longer wish to receive additional information from us, please follow the unsubscribe instructions on the messages you receive from us, or notify us by e-mail or phone, and your contact information will be removed from our mailing list.
Section 11. Copyright Notice
Unless otherwise indicated, this Website and its contents are the property of us and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or communications regulations and statutes.
We hold the exclusive copyrights for all content, materials, articles, assessments, seminars, speaking programs, workshops, articles, titles, CD's, audio and video clips, downloads and our logos displayed on this Website. Unless otherwise specified, articles, content and products are for personal and non-commercial use.
You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any program, software, products, logos, titles names or services obtained from the Material. Unless otherwise specified, the Material, whether in part or in whole, may not be used or duplicated at a business, non-profit organization, or educational facility without written consent from us.
Section 12. Brand Names
“Contrast by Design” is a brand name and unregistered trademark of Peter Crone. It may not be used in connection with any product or service in any manner without our prior written consent. All product names, designs, or logos in this Website whether or not appearing in different type or with the trademark symbol are trademarks of Peter Crone or third parties who have granted us permission to incorporate such name, design, or logo into the Website.
Section 13. Services and Results
By accessing the Website and/or using the Material, you agree that the services and products provided by us, and the results obtained from our efforts and recommendations, are not guaranteed to improve performance, income, health, fitness or specific aspects of your life.
We do not guarantee that any portion of the Website or work which it performs or suggests to be implemented via its articles, classes, books, videos, newsletters, resources or any other information or the Material will increase performance, income, or specific aspects of life as a result of working with us.
By utilizing the Material, you acknowledge that your results will depend on variables and factors outside our control including, but not limited to: user motivation, user capabilities, user health and fitness, user compliance with our recommendations and suggestions, and other factors which neither party has control over.
Trust forms the core of the coaching relationship. We respect what you say, and will not repeat your material to anyone or to any entity. We maintain your privacy in all communications and we maintain safe and secure written records of your account. We do not disclose that you are a client if you do not want that known. If you are under the age of 18, we may speak with your parents to give them a general idea of what is covered in sessions for progress reports. We will consult with you and your parents about how much detail will be shared. We may also speak with your other coaches, or other people who can help you, for background information or for coaching collaboration, only with your advance permission. We will only share the coaching material with them that you direct us to share. If we see that you are engaging in at-risk, self-destructive behavior, we may intervene by securing appropriate assistance for you, starting with your parents, but we will consult you first.
In corporate coaching situations, the coach, the client and the client company agree at the outset of the coaching process as to what information will be shared with the company. We may give the client company updates on how coaching is progressing, but we do not share the details of what goes on in the coaching sessions.
Section 14. Online Purchases
When making a purchase via the Website you may be asked to supply certain personal information, including credit card, debit card, or other payment mechanism information. You agree that all information you provide in connection with such purchase will be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred.
All payments will be by VISA, MasterCard, American Express, or by Electronic Debit. By purchasing products or services using this Website, you are giving us the authority to debit your credit card account/bank account for all fees owing. Any disputed debits will be exclusively dealt with under the policies and procedures of the particular credit card company.
Section 15. Governing Law And Jurisdiction
All matters relating to your access to, or use of, this Website shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, this website shall be instituted in a state or federal court in Los Angeles, California.
Section 16. General
We make no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or other term. This Agreement constitutes the entire Agreement between you and us with respect to the use of Website.