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Effective Date of Current Policy: January 2024
Odyssey Group Coaching, LLC (“The Odyssey Group”, “we” or “us”) operates the website located at www.BarbaraWaxman.com (the “site”) and markets and sells coaching, products and online programs that can be purchased. The following terms and conditions (the “Terms of Service) govern your access to and use of the site and the coaching, productions and online programs.
Please read the Terms of Service carefully before you use the site or our coaching, products and online programs. By using the site or our coaching, products and online programs, you agree to these Terms of Service, including our Privacy Policy, found at Privacy Policy, without qualification or limitation. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the site or otherwise.
The Odyssey Group is committed to helping you safeguard your privacy. Please review our Privacy Policy for details about how we collect, use, and disclose your information. By using the site or otherwise, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
By accessing, browsing, or using the site or otherwise, submitting your information through the site or our coaching, products and online programs, or communicating with us through the site or our coaching, products or online programs, you consent to receive communications from us by e-mail. Any communications provided to you electronically satisfy any legal requirement that such communication is in writing. In order to access certain services on the site or our coaching, products and online programs, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the site or our coaching, products and online programs under such access codes or passwords. We may suspend or terminate your access at any time, with or without notice. To understand how we use the information collected from you, please read our Privacy Policy. Excluding any content that may be submitted by members from time to time, we strive to ensure that the information on the site or our coaching, products and online programs is complete and reliable. Certain information may contain pricing errors, typographical errors, and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by customers and to revise, suspend, or terminate a promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all coaching, products and online programs described on the site or coaching, products and onine programs will be available.
Images of people, places, or products posted on the site or referenced within our coaching, products and online programs are either the property of The Odyssey Group, or are used by us with express permission. Unless otherwise noted, all content included on the site or our coaching, products and online programs, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of The Odyssey Group or its partners or affiliates and is protected by United States and international copyright laws. The compilation of the site or our coaching, products and online programs is the exclusive property of The Odyssey Group and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on the site or our coaching, products and online programs is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications, regulations and statutes. You may use the materials or content on the site or our coaching, products and online programs only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on the site or our coaching, products and online programs, please contact us. You are granted a limited license to use the site or our coaching, products and online programs for personal use only. Such grant does not permit you to do any of the following: (1) use the site or our coaching, products and online programs or its contents for any commercial purpose; (2) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human-readable form any of the contents of the site or our coaching, products and online programs not intended to be so read; (3) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the site or our coaching, products and online programs in any form or by any means; or (4) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the site or our coaching, products and online programs or to collect any information from the site or coaching, products and online programs or any other user of the site or subscriptions.
Notwithstanding any of these Terms of Service, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the site or our coaching, products and online programs, and to block or prevent future access to and use of the site or our coaching, products and online programs for any reason or no reason. Upon termination, these Terms of Service will still apply.
The Odyssey Group expects all users to respect the intellectual property rights of others. If you believe a work protected by a U.S. copyright that you or another owns has been posted on the site or our coaching, products and online programs without authorization, you may notify us with the following information: a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; identification of works or materials being infringed; identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; your contact information, including address, telephone number and, if available, email address; a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
We further reserve the right to remove, delete, redact or otherwise modify content on the site or our coaching, products and online programs, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Any of the material on the site or our coaching, products and online programs may be out of date at any given time, and we are under no obligation to update such material. Subject to the Privacy Policy referenced above, we reserve the right to disclose, at any time and from time to time, any information or content that we deem necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. If the site or our coaching, products and online programs contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the site or our coaching, products and online programs, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the site or our coaching, products and online programs will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the site or our coaching, products and online programs for any reconstruction of any lost data. Your use of the site, our coaching, products and online programs, their content, or items obtained through the site or our coaching, products and online programs is at your own risk. The site, our coaching, products and online programs, their content or items obtained through the site or our coaching, products and online programs are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. The Odyssey Group hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. In no event will The Odyssey Group, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, our coaching, products and online programs, any websites linked to it, any content on the site or our coaching, products and online programs, or such other websites or any services or items obtained through the site or our coaching, products and coaching programs or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
You agree to defend, indemnify and hold harmless The Odyssey Group, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your use of the site or our coaching, products and online programs, including use of its content, or (2) your violation of these Terms of Service, our Privacy Policy, any other terms or rules applicable to the site or our coaching, products and online programs, any rights of any other person or entity, or any applicable laws, rules or regulations.
All matters relating to the site, our coaching, products and online programs, and these Terms of Service and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the site or our coaching, products and online programs shall be instituted exclusively in the federal or state courts in and for Marin County, California, or a county contiguous thereto.
Your use of the site or our coaching, products and online programs is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the site or our coaching, products and online programs and it is your responsibility to ensure the equipment’s functionality.
From time to time we may revise these Terms of Service to reflect changes in the site or our coaching, products and online programs or to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Service at any time at our sole discretion. Your continued use of the site or our coaching, products and online programs means that you accept and agree to these Terms of Service as amended or revised by us from time to time, and you should therefore review these Terms of Service regularly to ensure that you are aware of its terms. You will know if these Terms of Service have been revised since your prior visit to the site by referring to the “Effective Date of Current Policy” at the top of this page. We control and operate the site and our coaching, products and online programs from the United States. If you choose to access the site or our coaching, products and online programs from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any merchandise purchased from the site or our coaching, products and online programs will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. No waiver by The Odyssey Group of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Odyssey Group to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
These Terms of Service and the Privacy Policy constitute the sole and entire agreement between you and The Odyssey Group with respect to the site and our coaching, products and online programs and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the site and our coaching, products and online programs. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
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