Last Updated: April 1, 2019
Please read the Terms of Service carefully because by purchasing our program, signing up for The Course, or using the Website, you accept and agree to be bound to and abide by these Terms of Service.
- Changes to the Terms of Service, the Website, and The Course
Managing Culture is a work in progress, meaning that it will change in the future. We reserve the right to update the Website, The Course, Managing Culture Programs and these Terms of Service from time to time at our discretion. Your continued use of the Website or The Course following the publishing of updated Terms of Service means that you accept and agree to the changes.
- Accessing the Website, The Course, Security, and Privacy
We will continue to work hard on maintaining and improving Managing Culture, and all associated programs, but we can’t guarantee that the Website or The Course will always be up and running 24/7. We also reserve the right to suspend or restrict access to some features from users. In any case, we will not be liable if for any reason all or any part of the Website or The Course is unavailable at any time or for any period, nor for any data loss (see also section 7 below).
For our password-protected course materials, in order to access the features of the Website or The Course, you have to register by entering your email and choosing or being assigned a password as part of our security procedures. For some areas of The Course and site, we will provide you a password to access the materials. For all password-protected information, you must treat all written and verbal information as confidential, not disclosing it to any third party. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend you choose a strong password and that you logout from your account at the end of every session.
It is a condition of your use of the Website and The Course that all the information you provide You Design You, LLC is correct, current, and complete. In the future, you may be asked to provide certain registration details or other information. We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
We also do not guarantee that the Website or The Course, or any content provided on the Website or in The Course or any Managing Culture Program is error free.
- Intellectual Property Rights and Use Guidelines
The Website and The Course, and its original content, features, and functionality are owned by You Design You, LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You agree to not copy, modify, distribute, sell, create derivative works of, publicly display, publicly perform, or republish any of our copyrighted material, except to the extent permitted by You Design You, LLC. If you have doubts about whether and how to use the material on the Website or The Course, before proceeding, please address your concerns to: firstname.lastname@example.org.
For purposes of these Terms of Service, the term “Content” includes, without limitation, written and verbal information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website, in-person workshops, individual coaching and group calls, online group sessions, or otherwise through The Course. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Website or The Course by users (collectively “User Content”), whether publicly posted or privately transmitted, is by the nature of the upload or post now considered the property of You Design You, LLC.
By submitting public User Content through the Website or The Course, you hereby do and shall grant Managing Culture a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website, The Course, and the businesses (and our successors’ and assigns’), including without limitation for promoting and redistributing part or all of the Website or The Course (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites and feeds). You also hereby do and shall grant You Design You, LLC a non-exclusive, perpetual license to access your User Content through the Website or The Course, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Content.
We do not guarantee that any Content will be made available on the Website or The Course. We reserve the right to, but do not have any obligation to, (i) remove, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website or The Course.
You are not permitted to use the Website, The Course, or any course Content for anything other than the business purposes as described and intended by You Design You, LLC, the Website, or The Course. Prohibited uses include violation of laws and regulations, hacking the Website or The Course in any manner, or violating the Content Standards set below. Any use of the Website or The Course not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination or the cancellation of your participation in The Course.
We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements, or changes to the Website, The Course, the course materials, or the structure of our program (collectively, “Feedback”). You may choose, in your sole discretion or upon being asked, to provide us from time to time this Feedback. When you provide Feedback, you grant us a non-exclusive, royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website, The Course, or other products or services.
The Website or The Course may contain Content specifically provided by us, our partners, or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website or The Course.
- DMCA Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by You Design You, LLC infringe your copyright, you or your agent may send to Managing Culture a notice requesting that the material be removed or access to it be blocked. Please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice, including the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient for us to contact you, such as email, address, or telephone number.
- A statement that you in good faith believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notice should be addressed to email@example.com.
- User Contributions and Content Standards
Managing Culture programs may contain some user-generated Content and also may contain message boards, personal web pages, forums, or other interactive features that allow you to upload, post, submit, publish, display, or transmit to other users Content on or through the Website or The Course. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
- Not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation, or age.
- Not infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.
- Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
- Not be likely to deceive any person.
- Not promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Not be used to impersonate any person or to misrepresent your identity or affiliation with any person or organization.
- Not involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Not give the impression that they emanate from us or any other person or entity, if this is not the case.
- Not used, if public, as test empty documents with no actual content, or typing exercises.
- Please respect our community and help us minimize the clutter!
- Earnings Disclaimer
The Website and The Course, which includes the online course, in-person workshops, Masterminds, Retreats, individual coaching and group calls, online group sessions, emails, handouts, worksheets, transcripts, videos, and any other advice and information either verbal, electronic, or written, provide the collective company’s opinion in regards to subject matter contained herein. Neither You Design You, LLC, Managing Culture, nor Nina Kaufman (collectively “We”) with this information intend to render legal, accounting, or other professional advice.
We disclaim any liability, both tangible and intangible, loss, or risk incurred as a consequence of the use and application, either directly or indirectly, of any advice, information, or methods presented on the Website or in The Course.
The information included on the Website and The Course and any accompanying literature, information, or advice, with regard to various business or marketing methods are for information purposes only. All money spent in setting up, running, investing in, growing, building, hiring, firing, launching, or marketing your business—either as described on this Website or in The Course, or otherwise—is the sole responsibility of the business owner. Any purchase of additional products, consulting, marketing services, or tools is non-refundable, and use of such is done so at your own risk.
You agree that You Design You, LLC, Managing Culture, and/or Nina Kaufman is NOT responsible for the success or failure of your business or of your business decisions relating to any information presented by the company, the Website, The Course, or company products and/or services. We DO NOT guarantee, imply, or predict that you will get rich, get famous, grow your business, build a life of your dreams, or that you will do as well as others or that you will earn any money at all. If you rely upon our advice, you must fully accept the risk that you may not do as well, or that you could experience a total loss financially.
You Design You, LLC, Managing Culture, and/or Nina Kaufman disclaims any and all liability, both tangible and intangible, loss, or risk incurred as a consequence of the use and application, either directly or indirectly, of any advice, information, or methods presented by Managing Culture or Managing Culture Programs through any and all media—including, but not limited to, oral and written direction. All money spent in setting up, running, or marketing your business—either as described or otherwise—is the sole responsibility of the business owner. We do not accept responsibility for the money spent or lost. Furthermore, we render no legal or accounting opinion of any kind related to the legal compliance or financial soundness of any product, service, or program offered by or through this Website and/or our clients or affiliated companies.
- Disclaimer of Warranties
The Website and The Course are provided “as is.” Managing Culture hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Managing Culture makes no warranty that the Website or The Course will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from or otherwise obtain Content, products, or services through You Design You, LLC, Managing Culture, the Website, and The Course at your own discretion and risk.
- Limitation of Liability
In no event will You Design You, LLC be liable with respect to any subject matter of these Terms of Service, your use of Managing Culture’s Website, The Course, materials, or any product or services provided to you by You Design You, LLC, under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data. You Design You, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. In those states that do not allow the exclusion or limitation of liability for damages, Managing Culture’s liability is limited to the fullest possible extent permitted by law. In no event shall You Design You, LLC’s cumulative liability to you exceed the total purchase price of the product or service you have purchased from You Design You, LLC, and if no purchase has been made by you, You Design You, LLC’s cumulative liability to you shall not exceed $50.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms of Service, or any use by you of You Design You, LLC or the Managing Culture Website, The Course, products, or services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
- Electronic Communications
When you visit the You Design You, LLC, BeBrandStrong site or send emails to Nina Kaufman, you are communicating with me or the companies electronically. You consent to receive communications from us electronically. We will communicate with you by email, by posting notices on the Website, or by direct communication, either in-person, verbally, through video, or any other media. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to the Website or The Course, about any of our products or services, or for such other purposes as we deem appropriate.
When you interact with us through this Website or The Course by sending us an email or other electronic communication, we interpret and you agree that such communication satisfies any requirement under the law that such communication is a legal writing.
- Governing Law and Jurisdiction
These Terms of Service and any access to or use of The Website or The Course will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute arising under this Agreement shall first be mediated. Such mediation shall be conducted in San Francisco County under the then-current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing litigation or arbitration.
- Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and You Design You, LLC and governs your use of the Website or The Course, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court 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.
- Refund, Cancellation, and Transfer Policy
You are eligible for a refund within 30 days of the start of a Managing Culture program if you are not satisfied. All refunds are subject to our discretion and are conditioned on your providing written details of the following:
- Why you were not satisfied with the course or program.
- How you applied the course material to your business.
- Ways you believe that the Managing Culture Course or Program fell short of its promise as an online, coaching, and in-person training and coaching tool.
After day 30, all payments are non-refundable, and the Managing Culture Customer is responsible for full payment of fees, regardless of whether The Customer selected to pay in full or completes the program.
If you have any questions, contact us at firstname.lastname@example.org.
We will consider cancellations prior to The Course or Program starting on a case by case basis.
We welcome any comment, question, and communication at email@example.com.