Because Anything Else Isn't Worth Your Time.
Thank you for devoting your time and attention to this page.
We believe clarity and upfront disclosure help everyone have a better understanding. As a result, we put this together in a best effort attempt to be clear and upfront on how things work with our website, anything we offer, any service, product, experience or promotion we provide and us.
While these pages aren’t always fun to read, they are important. You are required to agree and abide by each and all of these provisions to use this website and/or any of what is offered through it.
This is so important that if you don’t agree, then you don’t have permission to continue use.
FAILURE TO READ AND AGREE TO EACH TERM OR CIOMPONENT THEREOF DOES NOT RELIEVE YOUR RESPONSIBILITY OUTLINED HEREIN.
I.
NAME.
This website, and what is offered through this business, is commonly known as Your Brand By Design, and is part of the Your Brand By Design (hereinafter collectively referred to as YBBD) family.
II.
LANGUAGE CONVENTIONS.
Your Brand By Design is hereinafter referred to as 'YBBD' and in this document is interchangeably and collectively referred to as ‘I,’ or ‘me,’ ‘or ‘us’ or ‘we.’
When the word or words “I,”"me,””we,” and/or "us, "we" and/or "our," are used in either the singular or the plural form in this document, it means YBBD, including but not limited to the owner(s), business, our team, employees, contractors, and sub-contractors, coaches, consultants, business entity and entities affiliated with us or helping us deliver services, and those who do work for and/or with us, and whether it is singular or plural.
When we use the word ‘team,’ we mean the person, people, business and/or businesses, and each of them, who work with or for either or both of us and/or on our work to help make it work or work better.
The Prospect, Client, Prospect, individual and/or entity interacting, engaging or using any material through this website or through our offerings is hereinafter referred to collectively as ‘”you” and ”your.”
III. OFFERINGS.
We provide services, products, material, training, experiences, education, information, strategies, insights, coaching, consulting , free material and other offers (hereinafter referred to individually and collectively as 'Item' or 'Item(s)') through a variety of forms.
These forms may include, but are not always, presentations, speeches, sessions, strategies, consulting work, coaching work, advice, online delivery systems such as webinars, courses, memberships, subscription or periodic offerings, resources, website information, programs and other events, like virtual events, live events and workshops, one-on-one sessions, group sessions, live programs, master classes, masterminds, hybrid offerings, services, material, content, books, videos, audios, digital products, physical products, templates, experiences, tools, techniques, insights, offerings, writings, blueprints, guides, handouts, material, documents, items, gifts, systems, innovations, concepts, one-to-one work, and more.
Often, but not always, we offer the Item(s) in exchange for an investment under the conditions provided and at the amount indicated. Sometimes we offer one or more specified Item(s) without a financial investment but may provide access only with an investment for an Item bundled with the Item for which no investment is required. At other times, we may provide one or more specified Item(s) with a request or a requirement of investment in time and/or talent but no money, including that you provide something for free or at a low cost to others. And at still other times, we provide an Item(s) in exchange for an email address or a part of a program or offering we are making available.
You agree, by requesting and/or obtaining such Item(s) and/or engaging with us, to be bound by these 'Terms and Conditions' provisions (hereinafter referred to as ‘Rules’) regardless of the amount, type or the presence or absence of investment specified and required.
IV. CREATION OF ITEM(S).
Often, we deliver Item(s) that we alone have created. Occasionally we deliver Item(s) developed or provided in a co-creative setting with others. Once in awhile we make available or deliver an Item(s) someone other than us created. Whether we provide an Item(s) we have worked on exclusively by ourselves , provide something co-created with other(s), or something someone else created, these Rules apply.
V. SUBSTANTIALITY.
These Rules are an essential and substantial part of the bargained for exchange. These Rules apply even if we do not make clear at the time of the exchange that your agreement to be bound by these Rules is required as an essential and substantial part of the bargained for exchange, and/or we do not make clear that the agreement to be bound by these Rules is not incidental or gratuitous.
As a result, you must agree to these terms, conditions, privacy, rules and other information we provide, whether in this document, in the Privacy Policy, or as a condition or requirement specified at the time of investment or purchase to use any Item(s) we provide or make available, regardless of the type, nature, extent or delivery method.
These Rules govern the use of this website and/or the places listed under “Ownership” below, regardless of where or how any Item(s) is delivered or the format used, and whether offered digitally, in-person, over the phone, online, or in some other format.
VI. UNDERSTANDING.
By using this website and/or any Item(s) we offer, in whole or in part, and/or by investing in yourself through purchasing or participation with an Item(s), you agree to these Rules and to any and all changes that come to such Rules at any time even if you haven't reviewed them, don't know about them or weren't notified. There may be more such Rules provided along with some form of the Item(s), Information and/or Experiences and any such Rule also requires your agreement, and such is presumed to have been given by you.
VII. YOUR ACCESS:
Your access to and continued use of the Item(s) we offer and/or provide, or any part of such, are subject to the Terms and Conditions (”Rules”) contained in this document, those specified at the time of investment and/or purchase, and applicable law.
These Rules apply to any and/or all Item(s) that have been in the past, are presently, or at some point in the future are owned, operated, managed, hosted or provided, in whole or in part, by and/or through us unless otherwise specifically stated to the contrary.
By accessing and browsing this website, and/or any Item(s) we offer and/or provide, and/or anyone associated with or affiliated with us provides, and/or by engaging in any form of work in any form with us, you accept without limitation or qualification the Rules herein and that specified at the time the Item(s) is offered and acknowledge that any other agreements between you and we are superseded and of no force or effect.
VIII. CONTACT INFO. AND SERVE NOTICE:
The place to contact us is via email at: amber@yourbrandbydesign.com
The place to serve any notice is: Your Brand By Design, P.O. Box 405, Riverton, Utah, 84065
IX. OWNERSHIP:
We own any Item(s) we provide unless we explicitly specify to the contrary in writing that such is owned by someone or entity other than us.
We do not own, under the terms provided here, any sites, information and/or material referenced, linked to or talked about that are not specifically claimed to be owned solely by us and as such, we assume no authority or responsibility over any such site, information and/or material not owned by us.
X. UPDATES: We update the Rules on this page from time to time. While we may make efforts to send out an email, post in social media or release something on our website or elsewhere saying that we've updated the Rules, you should expect that the Rules will be periodically updated without notice. As such, it is your responsibility to check back here regularly and often. When an update is made and posted here, it will be effective immediately unless otherwise stated. If you use the site after the update, you have agreed to the new terms even if you did not review them or know about them.
XI. DISCLAIMERS:
Please understand that we do not believe in get rich quick schemes, overnight solutions or magic pills. And we don’t offer those.
Even though one or more of the individuals who may provide an Item(s) with or through us are or may have been at some time one or more of the following: financial advisor, tax advisor, therapist, attorney, health care provider, relationship consultant, business leader, strategist, teacher, coach, consultant and/or advisor, no Item(s) or any such presence, offer, product, service, deliverable, and/or information in any format by any person shall be construed as offering any protected advice, including no financial, tax, therapy, medical, legal, relationship and/or business advice. It also means that no accountant-client, tax-client, therapist-counselor, attorney-client, doctor-patient, , business-partner, marital counseling relationship, fiduciary relationship or other such relationship is created by, with or between us.
If you would be well served in obtaining professional advice of any type, please make your own personal smart choice about getting it.
XII. GUARANTEES.
We may provide upon occasion certain and specific written guarantees of satisfaction with an Item(s) offered and/or provided as specifically indicated . Some Item(s) we offer come with no guarantee. Other than any specific written guarantee provided, there are no other or additional guarantees, promises, and/or warranties, whether express or implied. That means that what is provided – regardless of the form the Item(s) has or the way it is delivered – is provided “as is.”
Unless a specific guarantee is spelled out in writing, no guarantee is provided. Where a specific written guarantee is provided, no guarantee is provided past what is detailed in writing.
Much as we would like all of what we do or provide, including each Item(s) we offer, that of the people and entities that work for or with us or collaborate with us. and every manner we deliver or make an Item(s) to always be running smoothly, be accurate, reliable, correct or function error-and-problem-free at all times uninterrupted no matter what, given that humans are involved, that is not possible. As such, we do not guarantee, warrant or make any representation that it will be. We are human, and at times make mistakes, oversights and errors.
In addition, while we use services, platforms and software with protections built into them, we are still subject to attack. We don’t guarantee or warrant that the Item(s), including but not limited to any and all forums, delivery mechanisms, communities provided, and/or servers that deliver Item(s) will always be free of harmful viruses, malware or components, or that they will always work, including when we want them to do so.
As such, when you use any part of or all of this website, the Item(s) we provide, and/or the ways that such is delivered, you assume any and all of the full and complete cost of any and all servicing, repair, adjustment, update or correction to your equipment and system, and any and all damages, including lost money and opportunity, and understand that much though we would like to deliver exactly on time and as promised in all instances no matter what, sometimes such is not possible, especially when technology, acts outside our control, errors and life prevents such.
Under no circumstance will we, or any of us, our respective team and/or those who do work for or with us, or any combination thereof, be liable for direct, indirect, special, consequential, exemplary or other damages. You agree to that and agree that such is true regardless of the nature or degree of damage or injury, and whether the actual or claimed damage is an economic loss, impairment to business opportunity, any type of injury, illness, death or impairment to relationship.
XIII. YOUR LICENSE OF USE:
You are provided with a personal, non-commercial license to use the Item(s) provided during, through or because of an investment with us, as part of an optin or free offering, or through a communication we have with you. As a result, you shall not, during the term of this Agreement or at any time thereafter, communicate, divulge or use for the benefit of any other person, persons, partnership, association, corporation or entity, or for commercial use, any of our confidential, personal, and/or proprietary Information, knowledge, advice, strategies, templates, material and/or know-how without our express written permission. This includes that you cannot provide what we share or provide to you with others and you can’t use it for commercial purposes.
Any and all information, knowledge, advice, strategies, insights, techniques, tactics, templates, material and/or other such information concerning what we offer or provide, the manner in which it is provided or any information related to such, including the information, program, services or other material we provide to you , advise is in progress or make available to you whether in final form, draft or Beta, shall be deemed proprietary and confidential for purposes of this Agreement and limited to your personal use; provided, however, the parties shall not be required to treat any information as proprietary confidential information if such information:
A. was publicly known in it's entirety at the time it was disclosed or becomes publicly known after disclosure without breach hereof by the receiving party;
B. was known by the receiving party at the time of disclosure and documented as such prior to receipt of the information or becomes known to it from a party other than the disclosing party who has the apparent right to disclose such information to the receiving party’s knowledge after due inquiry;
C. was or is independently developed by the receiving party without reliance on the disclosed confidential information;
D. is disclosed only to the extent necessary to obtain legal assistance or consultation;
E. is approved for disclosure by the disclosing party with the disclosing party’s prior written consent; or
F. is disclosed by the receiving party pursuant to judicial order, to arbitration proceedings, requirement of a governmental agency or other operation of law, provided that the receiving party informs the disclosing party promptly after receiving notice of its obligation to make such disclosure, and takes reasonable steps to limit the scope of such disclosure, including to limit such disclosure to the extent necessary for the fulfillment of the order, arbitration or requirement of a governmental agency or operation of law.
If we grant you permission to use any Item(s) or other information or material we provide to you, you understand and agree that such will be authorized only to the extent specifically allowed in writing and will indicate that it was provided to you by us with out name and website address provided. You will notify us immediately if you become aware of any unauthorized use of the whole or any part of our information provided or made available to you by any third party.
XIV. REPRESENTATIONS AND OBLIGATIONS:
You, except as expressly and unambiguously provided herein, represent, warrant and agree to each of the following:
• You have no contractual commitment or legal status of any kind which may prevent or interfere with the performance of any obligations in these Rules. You are above the age of 18 years and are of sound mind.
• You will not utilize, or allow others to utilize, any or all of our Information for any illegal purpose, or use it in a way that will violate any laws, regulations, and/or other rules in any jurisdiction.
• You will not remove or alter any copyright or other proprietary notice from our work, or any of the Item(s) we offer or provide to you, or to, without prior written consent from us, share such with any Third Party(ies). and will maintain our name on any such Item(s) and material we provide.
• You agree not to (a) rent, lease, share or otherwise provide temporary access to and of our Item(s), including but not limited to any and all information, education, training, templates, handouts, guides or other material for which payment is otherwise required (b) copy, alter or modify our Item(s), including but not limited to any and all information, education, training, templates, handouts, guides or other material; or, (c) allow others to do any of the foregoing unless we specifically state you are permitted to do such and then only to the extent we allow.
• You agree to interact in good faith, with a presumption of positive intent, with a mindset and behaviors that are aligned with a cooperative spirit and consistent with Provision XXII , Positive Behavior, below.
XV. FEES AND PAYMENT:
All fees and charges incurred in connection with your account will be billed to the credit, debit or other payment card designated during the registration process and/or subsequently designated by you, and/or to such account that you own and/or are responsible for. You may change such card details in advance of any further charge by notifying us in writing with sufficient time for us to make such changes. You grant us permission to charge your account for the amount indicated on or after the indicated dates without further or additional authorization.
XVI. NO REFUND:
To continue to be able to provide innovative work to our clients at investment levels that are made available, unless a refund provision is specifically detailed and affirmatively stated on an Item(s) offered, there are no refunds. Item(s) that have no guarantee have no refund.
Should you seek such a refund on an Item(s) that provides a specific detailed guarantee, you must request a refund in writing with your contact information (full name, complete address, accurate email address to contact you and that was used at the time of purchase, phone number, name of item purchased and purchase number) within the time specified and must immediately stop using any and all material provided and cannot use it further.
In any instance when any portion of what is paid for is custom or personalized service, product, and/or work of any nature that is either requested by you from us or is provided by us to you, and each of them, there is no refund. We reserve the right but not the obligation to make a change for preference or design.
Should you, or someone acting on your behalf or direction, pay for or request services, product, experiences, material or work, and you submit, provide, or seek to have such entered or included in some manner into or to be contained in any system, process, publication we provide or make available regardless of the nature, you warrant that all such services, product, experience, material or work, and each of them, are free from copyright, patent, trademark or other intellectual property infringement, or any claim of such. Should you submit, provide or request any service, product, experience or inclusion of any material that is owned by some individual or entity other than yourself and to which you have not received authorization or permission to use such intellectual property, we reserve the right to cease any and all service, product, experience or inclusion of any such material without refund and you release any claim to such.
XVII. JURISDICTION:
This Agreement shall be construed in accordance with the laws of the State of Utah, and venue shall be proper in Salt Lake City, Utah.
XVIII. NON-COMPETE, CONFIDENTIALITY AND PROPRIETARY CONCEPTS:
In addition to the protections provided through copyright and trademark, you agree that the Item(s), including any information and/or experience provided by and/or through us is owned by us, is of substantial value and is proprietary in nature. You agree not to engage in any unauthorized distribution, including not to teach, educate, train or provide, in any form or in any manner, whether directly or modified in your own work, or for inclusion in someone else’s work, to anyone unless and only as we specifically authorize such in writing. In addition, you agree to keep the Information provided confidential except where authorized in writing.
If you are wanting to use them, contact us at the email address provided in this document so we can find out if there is an acceptable way to have that happen.
XIX. EARNINGS DISCLAIMER:
Please know that there is work involved in having a successful business and/or life. There are differences in the ways people devote time, energy, effort, determination, attention, focus, attitude, quality, innovation, initiative, drive, passion, and consistent application to their work. Because of such, we cannot guess at what your results will be. If there is ever a mention of income, earnings, and/or results, please know this is not suggesting that you will have some version of that or that the process to moving forward is easy.
Your results, if any, are dependent on how you apply and use the Item(s), information and/or Experiences we provide. As such, your success is difficult if not impossible to predict with any degree of certainty since so much of it depends on how you consume and apply what is provided. Moreover, most measure success at a fixed point in time while success can often progress over a continuum depending on the work and insights applied. As such, if any statement is provided about the results you might get, you understand that such is provided with the limitation of the insights and information about you presented at the time and is not a guarantee of any results that might be achieved.
In addition, we are not allowed by law to promise whether or what kind of results you will achieve. We are sharing what we believe works, have seen work or have experienced working. Please know that any past, present or future income or projected success, outcomes, income statements, earnings report, stories, success stories, testimonials, or other information provided about results obtained are exceptional. They are not a guarantee. They should not be construed as a promise. They are not intended to represent that anyone – including you - will obtain the same or similar results.
Every effort has been made to accurately represent the products, services and offerings, as well as what can happen, any results and/or potential of such. Know that each person's results will vary. That means that each person might use the Information and/or Experience differently, including the time, energy, effort, determination, attention, focus, attitude, quality, innovation, initiative, drive, passion and consistent application as well as the set of skills, talents, knowledge and potential each person brings and applies. And each person's way of handling things, including the degree of openness, resistance, effort, follow-through and manner of following instructions, advice and the programs offered varies. Not to mention that some people do not actually use products or services once purchased, or they use them incompletely, or they use them in a way that is contrary to the direction provided. All of this is to say that there is no guarantee that you will achieve the same or similar results as indicated here or as any individual or instance referred to by way of example achieved.
Know that any endeavor has inherent risk, including but not limited to risk of loss of time, money, and opportunity. Do your own due diligence. Look at what you can achieve with self-awareness and open eyes. Be honest with how much you are willing to put into this. Use your best judgment. Know what you will or will not do and how well.
XX. OUTSIDE LINKS AND SITES:
From time to time, we provide links to outside websites or information. We do not control those links and sites and cannot guarantee the accuracy of what they have. We do not know other than what is stated and cannot control how they use the information they collect, including what they do or do not do to protect your privacy, track your internet use or other actions they may take.
On top of that, we do not own, manage, maintain, endorse, or take any responsibility for the products, material, contents, advertising, or other materials made available through any outside link or site – even the ones linked to or mentioned. We do not have the ability to monitor how any other individual or entity delivers information or material, and have no liability for any investment or transaction you make with any third-party provider.
Neither us, nor any team member, or anyone associated with us, will be liable or responsible, whether in whole or in part, directly or indirectly, for damage or loss of any kind that is caused or alleged to be caused in connection with your purchase or use of any Information, data, material, insights or offering made available through any link or on any other site.
XXI. FORUMS, SUBMISSIONS, POSTINGS AND YOU:
We do not want any misunderstanding or potential conflict of ownership issues. To avoid the unfortunate situation other thought leaders have had of someone submitting something proprietary publicly or privately and later claiming it was copied, stolen or put into use in some form or fashion, please do not submit any proprietary Information, including any content or ideas in any form of any type for use by us unless specifically requested.
We are not looking at this time to solicit content, suggestions or submissions of material, especially that of a creative or visionary nature, from you for use in any of our programs, products, content, offerings or material unless specifically stated and through a distinct channel provided. This is true whether you send it in to either of us or anyone affiliated with us, post it in a group or forum, send a letter, leave a voice mail, talk to someone in person, email it or otherwise disclose it in any of the spaces provided hoping that we might use it.
So please don’t send or post something like that for those purposes. Don’t submit any of your creative ideas or visionary thoughts for inclusion in our work unless requested. We have channels to receive this kind of Information, follow strict guidelines and want to avoid any misunderstanding.
If you ignore this and post, share, submit or send us any proprietary information, thought, content, idea, suggestion, material or stuff to use in our work even after you have been told not to do so and/or it is not pursuant to a program, product or service in which your submission is part of your participation, please know that you give us each the right to it and it shall immediately and without more become our property. Neither of us, nor any owner, agent, employee or team member, will be liable for any use or disclosure of it.
To avoid problems, please know that such means you are not only giving us full rights but also warranting that you either own exclusive rights to the content or that you are legally authorized to control and direct the rights to the content.
As such, you grant us, and either of us, directly, or you warrant as the legally empowered authorized agent that the owner of such rights grants us, the perpetual, worldwide, nonexclusive right to both the entirety and/or any portion of your posting, whether it appears as a suggestion, reveal, story, question, comment, or some other type of posting, for us to use in any form – digital or otherwise – that now exists, is being developed or is later developed, and to do so without any compensation whatsoever.
When you post, send, contact us with or otherwise share any type of thoughts or material, you are warranting, either directly or as the authorized agent, that the thoughts or material does not infringe the rights, including the intellectual property rights, of anyone else.
XXII. POSITIVE BEHAVIOR:
When you interact with us and/or through the opportunities we provide, including in a group, forum, online, in-person or through any of the public and private channels, you agree that you will follow these Rules, as well as any other Rules from time to time posted, updated or provided here, even if you were not aware of them, including but not limited to:
• You will attribute positive intent in your interactions.
• You agree to act in good faith and fair dealing with us, and each of us, including but not limited to each and every team member and client.
• You will play full in and actively participate.
• You will respect yourself and others participating.
• You will honor, maintain and keep the confidentiality and privacy of the individuals, information and sharing in the Program.
• You will use your best judgment when participating.
• You will be patient and tolerant of yourself and others as each of us navigates through the Program.
• You will participate in a spirit of education, growth and community.
• You will be aware that the Program may stir up intense emotions, memories, triggers, unresolved conflicts, trauma and other material.
• You will take the necessary and appropriate steps of self care, including but not limited to such given that no therapy or counseling is provided, nor is a licensed therapist retained, and you agree to get the support of professionals, including a therapist or counsel, should such be necessary or desirable.
• You will participate authentically, honestly and with positive intent.
• If registration is required, you will register. If participation is requested, you will participate. If asked to get on a call, you will get on a call. While such can be done at times and in ways convenient to all, the intent and behavior exhibited during such will be with a mindset towards progress, positive intent and solutions.
• You must use your actual identity, and not a fake one, when posting or otherwise interacting.
• You won’t sell (unless we specifically state such and then, only as indicated), interact to engage commercially, advertise, or otherwise use the posting or interaction to gain a competitive advantage.
• You also won’t provide false or misleading information, provide something that violates a law, release a virus, malware or other dangerous or malicious content.
In addition:
You are not permitted – through you or through what you post, including material by someone else - to abuse, harass, threaten, incite hatred, defame, badger, share partial truths or misrepresent the facts, to provide in any manner content in any manner that is not owned by you or is not authorized by the owner for use by you unless it is within the limited exceptions to copyright protected material, or bully anyone, to out someone without their permission, to discriminate, or to treat anyone, including us, our team or any individual on the team, those who help us get our work done, other people in the space, or even yourself, with disrespect. You also are not permitted to engage in libel, obscenity, reveal secrets, invade someone’s privacy, or violate any law, intellectual property right or other property right.
If, in looking to reach a particular result, Information and/or Experience calls upon you and/or other participants to vent, release anger or rage, or otherwise cleanse yourself or release what may be holding you back, including but not limited to the negative views on others, such is permitted hereunder for the specified purpose indicated and is not to be construed as permission to proceed past that stated purpose, extent and/or time. Such permission is not to be interrupted to give license to harm others in any way.
We reserve the right, but not the obligation, to modify, edit, remove or otherwise alter any content or posting you provide for any reason and no reason. We have the right to do such without contacting you or getting your approval. If we do modify, edit, remove or otherwise alter any content or posting, you are still solely responsible.
We reserve the right, but not the obligation, to at our sole discretion, terminate, suspend, or otherwise end your ability to post and/or participate in a group, program, service or forum particularly if you go against one of the Rules.
We are not responsible for any content, comment or material on any of the public or private channels, groups, or forum, except for what we sign in our official capacity. We also are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason.
XXIII. FEDERAL TRADE COMMISSION DISCLOSURE ON AFFILIATE RELATIONSHIP:
Now and again we will refer to, promote, link to, endorse, talk about or otherwise suggest products, brands, people and/or services (to make it easy, we'll refer to these as 'stuff'). We do this because we believe what is offered or provided will be valuable, of good quality, and/or useful based on our familiarity with the stuff, a review of the stuff, a relationship with or knowledge of the stuff, or a related but different positive experience with the creator or provider of the stuff. Sometimes, we, or a member of our team, will be compensated or receive something of value (like getting a product for free, in-kind help, review or payment) if you decide to purchase through some connection to us or one of the individuals associated with us.
Such does not cost you anything extra.
We do not refer to stuff or people we don't believe in (unless showing you what NOT to do and then we clearly state such). Always do your own fact checking, research and due-diligence. Be responsible. Don't buy what you can't afford. Think for yourself on whether something will serve you and how.
In addition, at times other people or entities may promote our work. We only encourage this where we believe that the individual or entity involved believes in our work. We do not ask people or entities to promote items and/or services that we offer if we believe they do not support them.
This, too, does not cost you anything additional.
But please know where that happens, we, or someone on our team, may provide a benefit, perk or item of value, often in terms of payment, service, work or access to a program, out of the sale that would otherwise go to either or both of us.
XXIV. LIMIT OF LIABILITY:
Under no circumstances will we, any person or entity who works for or with us, our co-creators, agents, suppliers, contractors, licensors, or those who partner with us, whether on something digital, non-digital, live, recorded and/or in-person, regardless of the offer or delivery mechanism, and/or regardless of the form the Information and/or Experience takes, be liable, including but not limited for negligence, non-performance, or loss of any type, for any special, incidental or consequential damages, and regardless of whether the action would have arisen in tort, contract, or otherwise. That includes that neither we, nor any of the aforementioned identified individuals and/or entities, will be liable for the use, incomplete use, or inability to use the Information and/or offerings provided, for loss of data or information, or for the inability to attend an event, regardless of what they are or how they are or were to be delivered. Under no circumstances shall any amount of loss, damages or causes of action exceed the amount you paid to us.
Under no circumstances will we, and/or any or all those identified above, be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you, or anyone acting on behalf of or at your direction or knowledge, in connection with the use of any advice, strategies, goods, Information and/or services you receive from us, and/or a speaker, teacher, presenter and/or anyone associated with us.
We are not responsible or liable for any injury, loss or damage that is alleged or actually caused to any person, including to any presenting partner, guest, attendee, host or co-host in connection with any display of such individual’s personal, professional or business name, brand, photo, or biography regardless of whether it is provided on a website, membership site, Academy, program, offering, in Information or marketing materials, or attendance at a virtual or in-person event.
While implied warranties are covered in these Rules, and we specifically deny any liability for such, the applicable law of different jurisdictions may or may not allow for the exclusion of implied warranties. That means that depending on the jurisdiction, the above such exclusion of implied warranties may not apply to you.
Also, while limits, including limits on the type of damages, and/or exclusions of liability are contained in these Rules, the applicable law of different jurisdictions may or may not allow for such. That means that depending on the jurisdiction, the above such limitation or exclusion may not apply to you.
XXV. MATURE CONTENT AND LANGUAGE: We, our team, those who work on our Information and/or Experience and offerings, and those who post in the groups and forums, may occasionally use or reference mature themes or information, occasionally use inflamed examples or language or … once in a while … use colorful language. If this offends you, please stop any use of this site or the material offered. Any continued use is done with the knowledge, actual or imputed, that you are consenting to such.
XXVI. PHOTOGRAPHS, VIDEOS, IMAGES, TESTIMONIALS: You grant us the non-exclusive, perpetual and unencumbered right to, without compensation or pay of any kind, and without further notice, post, reproduce, display, show or otherwise make available any and all photographs, videos, images and testimonials you provide, including in our marketing, advertising, and for commercial use, unless such is stated by you in writing to us and we have affirmed such.
XXVII. DISPUTES:
In the event of an irresolvable dispute between the parties hereunder (meaning between you and us), both you and us (hereinafter referred to as 'the party') agree to make a good faith attempt to resolve differences. The initial attempt to resolve such dispute will be as follows: the party seeking resolution shall provide the other party with notice of the concern in writing at the address listed for notices and with sufficient time and information to provide a reasonable opportunity to respond before taking any other action. and sufficient time given the nature of the dispute to share a plan and execute a solution, keeping in mind the nature of the dispute. Where no such address for notices is provided, such shall be at the last provided email address.
Should such attempt to resolve the dispute not work, the parties agree to first engage a licensed mediator in a good faith attempt to resolve their disputes. The cost of mediation shall be paid by the party seeking resolution. In the event the mediation does not resolve the dispute within thirty (30) days following the first day of actual mediation, any party hereunder may then submit the dispute to arbitration, as provided below:
A. All disputes and/or claims, including any relating to this Agreement, the rights and obligations of the parties hereto, or any claims or causes of action relating to the performance of either party that have not been settled through mediation will be settled by arbitration by the American Arbitration Association in Salt Lake, Utah in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. The costs of the arbitration proceedings will be borne by the losing party if such party is found to have been in material breach of its obligations hereunder. The costs of legal fees will be born by you in any of these circumstances: where you are the losing party, where you have brought a frivolous claim, where you have brought a claim that is not grounded in good faith and fair dealing, where you have brought a claim that is not supported by existing law, or where you did not follow the steps required herein as prescribed, where you did not act reasonably in trying to resolve the matter outside of Arbitration.
B. You understand and agree that no claim may be filed in any court system for any reason at any time except only to obtain funds where such are not forthcoming within a reasonable time after a decree of the Arbitrators pursuant to the above mentioned Arbitration process.
C. You further understand and agree that any filing of a claim in any court system for any reason at any time except to obtain funds where such are not forthcoming within a reasonable time after a decree of the Arbitrators is a material breach of the terms of this Agreement and further acknowledge that substantial harm will result from such, including you acknowledge substantial monetary, time and opportunity losses by us associated with the very act of filing such a claim in any court and irrespective of whether you are the losing party. You agree and acknowledge that the per hour rate for administrative and/or ministerial work we provide to address such is at $400 per hour and agree that such will be the hourly rate for damages incurred in our fighting any such claim you file in any court for any reason other than to obtain funds post proper Arbitration Award. That means that even if you are found to be the winning party, the violation of these Terms and Conditions will result in a $400 per hour rate for our time in court and in preparation. Nothing in this paragraph is to be interpreted as granting permission to file a matter in court and specifically denies that such is appropriate.
This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and legal representatives. You may not assign in whole or in part the rights, responsibilities, or obligations granted or assumed in this Agreement absent our written consent.
XXVIII. SEVERABILITY.
All provisions of this Agreement are severable and the invalidation of one provision does not operate to invalidate the entire agreement. No alteration, modification, amendment, addition, or change to this Agreement shall be effective or binding on us unless we agree to such in writing.
This Privacy Policy is a part of our Terms, Conditions, and Privacy as defined as ‘Rules’ above. The definitions used in those “Rules” apply here, including that you are required to agree to them to use this website or any of our Information and/or Experience, services and/or offerings.
If you visit this and/or any of our websites, membership or course site, and/or any of our programs, services, offerings, and/or events, or you attend one of our presentations, Experiences, workshops or any other type of offering, you understand and consent to the information, practices, customs and procedures outlined below and also in our above Terms and Conditions. This means that you are agreeing to have your personal information collected, kept, stored, processed, used and transferred as explained more fully below.
Read this Privacy Policy … as well as all the Terms, Conditions, and Privacy, also known as the Rules … before using this website. By using our website and/or any of the Information and/or Experience, programs, services, offerings, or events, you agree that you understand and accept this Privacy Policy and those Terms and Conditions.
If you have any questions about this Privacy Policy or how the information is used, please contact us at:
By mail: Your Brand By Design,
By email: amber@speakermoxy.com
PLEASE make sure the SUBJECT LINE contains the word 'PRIVACY.'
Also make sure you clearly provide your full name, address, correct contact information, including your email address, and the question you have so we can best respond. whether you send something via mail or email.
We are committed to serving. To do so, we gather information from visitors to this website as well as those who are referred, attend a program, service, offering, event or stop by in person.
When we use the phrase ‘we,’ 'us' or 'I' or ‘me’ related to collecting information, we are referring to the people who help us operate, including us and/or our respective team, employees, agents, contractors, partners, vendors, strategic partners, and service providers and those who work for or with us. These include those who help maintain and operate our business(es) and all that is involved with our work and this website, including those who collect and process information, set up presentations, speeches, classes and schedules, send out uniforms and other products, process transactions, run a payment, extend credit, process information, fulfill customer orders, provide customer support and service (including to get your feedback), collect and analyze customer data, process information, store or house data and/or transactions, prepare and set up events, conduct research, provide surveys and quizzes and/or otherwise assist in aspects of our business and operation.
We talk more about the collection of this information in the paragraphs below.
We collect information to help us connect with you, to create a community to better serve our clients and to run our business. Collecting personal information makes it possible for us to operate, provide what we offer and give you information tailored to your and our community’s interests.
Of course, there are other reasons why we collect your personal information. These include: to keep the business moving smoothly, to create, share and establish class schedules, to allow you to complete a purchase or other type of transaction, to co-ordinate the offerings we have, to carry out an activity, to give you access to something we offer, to provide better customer service, to connect with you, to reach and serve an audience, to audit or assess how well a product or service is doing, to grow and improve what we provide and for other reasons that may arise to better run our business or serve customers.
We may also collect information if we work with others, provide a joint promotion, put together or deliver a program, bring in a guest, event or service that may be beneficial to you, or as required by various government and/or judicial rules, regulations and requirements.
Sometimes, we collect information that we need to give to third parties to carry out a business function or for you to participate in something offered. If this is going to happen, we make every effort to give you notice so you can decide whether to participate or not. This includes emails, credit card processing, membership information and the like. Upon occasion, we share information because we are required by law to do so.
Of course, there is this website. On it, we have some information requested and readily accessible. We also from time to time request additional information, such as a personal contact information, that is accessible only if you provide us with it, often in exchange for us providing you with additional information. We also transact business and gather and use information to do so.
You can always choose not to participate and thereby not give personal information.
When we do collect information, we work to keep it as flowing and streamlined as possible. We work to request only that information reasonably needed to accomplish the task, make things work or comply with the law.
For instance, we may have a contact form on the website. Often these ask for your name (first and last) and your email address. It may also ask for the subject and message. This helps us better communicate with you concerning the subject of your inquiry.
For some interactions and transactions, in addition to your name and email address we may ask for your physical address (number, street, city, state, country and ZIP code) for billing and/or for shipping, your telephone to be able to connect should any issue arise with the transaction, and when completing a purchase or transaction - your credit card information.
There may be places where we collect your name and email address and/or phone number to send text message(s). In addition, should you now or in the future provide a type of membership site, online group or forum, or other content, you would also be required to provide the information requested to obtain access. This could include your name, an identifying login or user name, your email address and then a password.
To make a purchase, we will ask for your name, address, shipping and billing information, and credit card information sufficient to permit the purchase through the third-party credit vendors, such as the card processing company. There may be other instances but that is the predominant use.
We use personal information to keep connected, including to email you at the email address you provide, communicate with you, address concerns, respond to your inquiries, provide you with information about upcoming events we have, and provide what you have purchased and process payments.
We share personal information you provide with credit card companies who process payments on the site, the companies that help send out our emails, the company that captures the information requested in the contact and/or opt-in box, the hosting company that helps this website function on the internet, our respective teams, and the people who do the books, taxes, provide the legal advice or services, handle delivery of the offerings either of us have, schedule or enroll in events, and others just like that, including other business purposes. That means that while we don't sell your information, we do share it with those who are working in, on or for us and/or our work.
In addition, Facebook, Google, Pinterest and other sites have various ways to track visitors who go to and from our website or a page that leads to their website, and vice-versa. Other social media sites are likely to provide this too.
We may also collect information to use for you to attend an event, group, program, membership site, or give you other content to which you have requested access. Where possible, we also may use information to cater to your preferences (such as types of programs you are interested in, schedule or class you desire, day of the week you wish to attend, etc.) or provide other services. We collect such information on a voluntary basis.
Some of the sites, plugins or software we use to make our website work or perform better gather information. Some of these do it automatically. Those often store the information into log files. This information can include the address known as the Internet Protocol (IP) addresses, Internet Service Provider (ISP), browser type, the pages where you came from before visiting our website or where you are going to next, the operating system, and click-stream data. It may also include the date/time stamp. Other information about your computer may be obtained, like the serial number or other identifying numbers, to better provide you with the best possible experience or in the instance of a payment transaction.
Some third-party service providers also require your country identification and language to process information, especially credit or debit card transactions.
Through accessing our website or through the above-mentioned areas, the IP address you are using may be identified. Certainly, the information you provide is submitted.
Some of the plugins we use and/or the vendors or third parties we work with use – like the website host, email service provider, software company that provides the framework for the website, Facebook, and credit card processing company – may document your IP address and may use a cookie, including to complete their processing of the transaction, to reach you or for tracing purposes.
In addition, we may collect personal information when you engage in an activity, make a purchase, complete a form or submit a comment or question. We may collect personal information when you sign up for a program or some content, create an account, sign-up for our email list or a newsletter, subscribe, register, or complete a survey, webinar or other presentation. Any contact made via email, mail or phone call will have information collected there too.
We share information with companies that provide public relations and marketing services for us. Such information will only be shared by us to customize, measure and improve our products, services and advertising. It will not be shared with third parties for their marketing purposes. These third parties are contractually obligated to protect your information and are prohibited from using your personally identifiable information for any other purpose.
As with any other business, it is possible that in the future, Your Brand By Design could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by Your Brand By Design, including customer account information, but would continue to be bound by this Privacy Policy until it is amended.
We share your information with our parent, subsidiaries and joint ventures to help coordinate the services we provide to you, enforce our terms and conditions, and promote trust and safety.
The implementation of our Services, by its very nature, may require using your personally identifiable information to locate other information about you. Such use may include, but not be limited to, using your information to search the publicly accessible Internet sites as well as searching private information databases and sites.
We will retain your information for as long as your account is active or as needed to provide you the Services. If you wish to cancel your account or request that we no longer use your information to provide you the Services, you may delete your account (this will be done by Your Brand By Design’s customer care team). If you delete your account, your Data will no longer be stored in our servers. While we try to delete your Data from our servers as quickly as possible, please be aware that there may be a delay from the time you delete your account to the time that your Data is removed, and that some of your Data may continue to exist for a period in backup copies.
Should we have an event, training or other information on or through a webinar, in a forum or chat room or other form that lets us connect with you, there may be a way for you to engage by posting comments, appearing through Skype, Facebook, Zoom, Webinar Ninja, showing up in a chat room or on Google Hangout, or otherwise engage. Personal information may be visible to others through these forums. Share with awareness and caution.
If you contact us by e-mail or a “contact” form (or some similar feature on the website), the information may get transmitted or carried through one or more third parties. That means that the third party theoretically could access or view any information you send. As a result, do not send sensitive information (such as your credit card information, password, social security number, or other highly sensitive stuff) to us via e-mail, a chat room form, a “contact me” form or via a phone message.
We are not aware that anyone in our business(es) or on either of our teams, or anyone working in or on either of our business, or any plugin or service provider used for our website, membership site, group(s), forum, groups or other places we present tracks geolocation information of minors. Credit card information you submit or an IP address to process the transaction may contain geolocation information. It is our understanding that a minor’s phone may be set to deliver geolocation information – such as if the phone’s location setting is turned on - but we do not encourage such nor do we knowingly do business with minors absent a responsible adult’s approval.
If you give us your contact information, we may send you some occasional or periodic emails, text messages, send you something in the mail or perhaps on rare occasion call you. This includes to provide you with information to give you a reduced rate on something we offer, serve you better, update our class schedule, address payment issues, provide you with information, or provide some insights on a program, product, service, training, past or upcoming event.
It is our intention to provide you with more than enough value that you would look forward to receiving an email or offering from us. BUT … if you ever want to be removed from our email or subscriber list, please let us know by sending an email to the email contained in the Contact section: amber@speakermoxy.com
If you do this, we hope you will share with us why so that we can work to make your experience better.
Of course, you can also be removed from the contact list by sending a letter or calling us. Just use the contact information we have provided above. We will then work to have your information quickly removed from the list. Please know that because we are human, such can at times take time.
Due to the state of modern technology, when you come to our website, workshop, membership site, or other places we may now or in the future appear, certain technical, digital, mapping and/or routing information may now or in in the future be obtained by our team, those who work on or for us, or third-party providers we use or who work on our business. This includes but is not limited to the hosting company(ies) that host(s) our digital presence and/or the company(ies) that process(es) the technology, payment, delivery of content, financial information, scheduling information, social media presence, communication, marketing or advertising information or other activity.
Some of this is done to help assess and understand traffic patterns to better serve you, such as where do visitors most often go on the website, how to reach them, how long they stay on a page or where they click out of without engaging. This type of technology, if used now or in the future, is used so that we or the third-party provider(s) can improve how we serve and connect with you. To the best of our knowledge, other than what may be used by Google or Facebook, they do not specifically collect your personal identifying information. Naturally, others – especially social media - may be adding to what they collect. Instead, from our understanding, with the exception of information collected during a transaction or by Google or Facebook, they collect non-identifying statistical data – like how many people look at something specific, how long they are on site, or the webpage(s) you visited but not personal information about who you are. This can help us figure out what to do better and how we can generate marketing that better addresses what people stopping at the website are interested in or for other purposes to more effectively engage and serve.
Through the use of this, we understand that general information is gathered (except by Facebook where more specific information is gathered as disclosed in their policies and rules) but not information that identifies you personally. It collects things like statistical data, demographic information with identifying you individually, and general use data. This information, which doesn’t identify you personally but provides aggregate or statistical information, may be shared with others.
One type of technology is known as ‘cookies.’ A cookie in this context is sort of like a holder of information. You probably have experienced one if you went to fill out a form – like to open up your email or some other account – and you did not need to type in all of your user name and password. You may have had a cookie remember the data to use again. It is common nowadays for websites to have cookies on them and for software and services to generate cookies. Some of the people who help us interact on the internet and through our digital offerings, including our website, membership site, Academy, in a group or forum, may use a kind of technology called “cookies.”
Most internet service providers nowadays have a place on your computer where you can clear cookies so they are not permanent. You can also select on your browser to be notified each time there is a cookie or a request for one. Every once in a while a website, plugin, service or transaction requires a cookie in order for it to function properly. In those instances, you will have to choose between completing the activity while letting the cookie obtain the information or abandoning the activity.
In addition to cookies, we, or a third-party provider acting for or on our behalf, or hosting templates or material that we use, may use pixel tags, tracking software or other similar technology. Google and Facebook has this technology and it is used here. This technology makes it possible to tell where on the website a customer has visited by using some code that makes a sort of invisible picture on a website or a cookie. It can determine things like the IP address, the web browser used, whether a person looked at an ad, how long a person was on a website or establish a link between a Google or Facebook viewer and the website they viewed. Right now, there are many uses but it is often used in conjunction with Google or Facebook. A pixel can help with determining customer engagement.
It is also possible that we, or a third-party provider acting on or for us, will put together information from several sources. An example of this is when you provide us with information through one source (for instance via the internet) and then at a different time you provide information through a different source (for instance by coming to an event we are at). We may use the combined information to learn more about how to better serve you. This is true whether the information is collected solely by us, whether it is collected by a third party working on or for us (like a credit card company or a shipping company), or both.
When we provide access to information, material or community in a group, such as a Facebook Group, your act of joining and your participation in such will result in at least your name and whatever visual likeness you provided to be made visible to other community or Facebook Group members.
In addition, we may occasionally have a click-through URL that may appear on a website, in an email, listed on a document or through other digital content, like a free download or an e-book for instance. It is a way to deliver some content and be able to learn what types of material resonate with our followers and what doesn’t. Please know that with many such delivery mechanisms, we do not own the website that exists as a conduit between our content and the click-through URL that makes this all work and makes it trackable. Someone else owns it. That means a third party can access some of your identifying information if you click through. You can avoid this by not clicking on the graph, link or text in the email or other digital means.
We do not knowingly, nor does anyone that we know of, encourage children under the age of 13 to submit information, including personal identifying information, post a photo, video, audio file or image, whether digitally or otherwise. We are not presently aware of persistent identifiers being used on our website or through the services we offer and are not presently using third party advertisers targeting children. We will gladly make available to parents of children 13 years and younger the list of operators and outside service providers upon written request to us at our address listed under Contact above: amber@speakermoxy.com
Any parent whose child age 13 or younger has submitted information on our website can review such, can have deleted the child’s personal information, can upon written request obtain from us the list of operators on this website and can refuse to permit that information from being collected in the future.
We do not knowingly encourage nor permit children under the age of 13 to access our website or otherwise engage in our services and offerings without the parent and/or guardian granting permission in writing with a signature that can be verified. If the parent consents in writing in a verifiable method, not only would we have access to personal information but those on our team or who provide services to our business who are integral to working on the site or providing services would also have access, such as the company that handles our email collection, credit card processing and other service providers. We collect the same information via an opt-in form – namely, name and email address.
We reserve the right to also require verifiable parental and/or guardian authorization for individuals under 18 years of age.
We care about the protection and welfare of kids. We do not knowingly do business with or collect information for marketing purposes on children under the age of 13.
We encourage parents to monitor their children’s online activity and to take appropriate steps to protect their children, including through software and services that block or limit inappropriate content.
We do not always know the age of the person involved when someone visits our website. If we find out that someone is under the age of 13 and submits personal information, we will do our best to remove that information unless the parent or guardian consents to the contrary, will maintain the confidentiality of the information and will keep it only as needed to take reasonable measures to protect against unauthorized access. The parent or guardian can review information collected and will be given an opportunity to prevent further use or online collection of the material.
PLEASE NOTE: If you are under the age of 13, please know that you do not have permission to use this site unless your parent or guardian says okay in writing signed by him or her or them and we receive it.
There is always a risk when posting in a group or forum. We do not guarantee that the information you disclose in a group or forum will stay private. Please disclose at your own risk.
Except as otherwise provided in this policy, we will not knowingly disclose your personal identification information to any third party who is not working on, in, with or for our business without having received your permission unless such exception is explained in this document, is contained on that content or occurs as an unforeseen emergency. Those working on, in, with or for either or both of us are not to use the personal information for any purpose other than that related to the functioning of the business.
There are some exceptions to Privacy. Please read the information about this throughout this Policy document.
If you click on a link we provide, go to a website discussed or otherwise follow something from our website elsewhere, please know that we have no control over the privacy policy or use on those other sites.
Your personal information may be disclosed when we, or those operating in or on our business, are performing business tasks as identified above, are required by law to do so, when a judge or administrative officer requires such, or during the course of arbitration or litigation.
We may, but are not obligated, to disclose your personal information in the event that you engage in actual or potential libelous or slanderous behavior, seek to defame, cause injury to someone, interfere with a business transaction, harm, hurt or threaten to do damage or injury to either of us or someone in our business or working with or for it, infringe our rights, don’t pay, seek a refund, have a payment not go through, provide a risk of harm to self or others, are a threat to national security, or are putting a person or property right at risk.
Should our website, or any portion of it, including any program, content, or membership site be bought, sold, acquired, reorganized, consolidated, liquidated, merged, or otherwise change in form in such a way that some or all of its assets change ownership, personal and/or private information may be one of the transferred assets.
You can ‘opt in’ and ‘opt out’ of certain things on our website, emails, membership site, and other content areas. To do so, send an email specifying what you want to opt-in into and what you want to opt out of to the email address listed in our Contact section: amber@speakermoxy.com
Please understand: You can opt out of receiving emails or product information but you can’t opt out of receiving information about your account status or so that we can finalize existing business, respond to communication from you, address issues of actual or potential harm or injury, or address issues that remain.
In addition, please see the exceptions provided in this document covering different types of uses and exceptions.
Some of the websites or website pages that we link to – especially when transacting a credit card approval – also have something called an SSL-enabled browser. That is something provided by a third party. It is a kind of encryption device and most often you will see it used for greater protection when processing credit card information. For best use, where there is a modern SSL-enabled website, it is our understanding that it may be best to complete your transaction or purchase using a browser that is one of the following types: Internet Explorer, Safari, or Netscape Navigator 3.0 or later. The reason is simple: it better protects your personal information as it travels over the internet.
In addition to this, be careful when accessing a site on a public website. Make sure you clear your cookies and take other precautions. Change your passwords often and aggressively. Use a secure web browser. Don’t give out your link identifiers, passwords, user identification or credit card information, especially in response to email or phone requests for such. Use caution.
WARNING: While we work to protect your information, we can’t 100% guarantee it. Websites get hacked, systems go down and information can be hijacked, duplicated or even stolen and such is possible from our site or third-party sites we work with.
Neither we, nor any member of our team, will be liable for any type of disclosure of your personal and/or private information, including for that caused by a mistake, error, unauthorized act or an intentional act of a third party(ies), including those that occur before, during or after transmission of information.
Because sometimes security breaches happen, if one does it may be important for us to notify you. If given the situation that is appropriate, we will work to notify you via email at the email address we have on file for you and/or by posting such on the website. Without further consent or inquiry, you are granting us permission to use your e-mail to contact you for this limited purpose and are consenting to such even if you have asked to be removed from our email or contact list.
As always, please use care and your best judgment when sharing your personal private information.
To help better protect you and your information, our website is operated from an office within the United States.