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Terms & Conditions

This website VisualizeSuccessADHD.com as well as all related websites, collectively referred to as the “Site” is operated by Visualize Success ADHD, LLC and subject to the following Terms and Conditions as well as all applicable laws.  Visualize Success ADHD, LLC  offers you to access, use, and view the Site, including all information, tools, photos, audio recordings, video, and services (collectively the “Content”) available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. 

 

Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

 

REGISTRATION AND USER REQUIREMENTS

(1) In order to access some of the features of the Website, you may need to register. The registration process requires you to provide us with personal information including but not limited to:

  1. your name

  2. your phone number

  3. your valid email address

(2) To ensure the provision of the Website Service, you must ensure this information is accurate and current.

(3) By using the Website and its associated functionality, you give us your consent to send you direct communications to the email address you provide. You may unsubscribe from these direct communications at any time. By using the Website, you give implied consent to receive certain communications.

(4) You may opt-out of the Website and Website Service at any time.

(5) To register an account and use the Website you must:

(A) be at least 18 years old or comply with paragraph below*; and

(B) have capacity to enter into a legally binding agreement.

* If you are under the age of 13 years, you may not register an account or use the Website. If you are 13 or older but under the age of 18, you must agree that you have reviewed this Agreement with your parent or legal guardian to make sure that you and your parent or legal guardian understand this Agreement. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to register an account, you agree to:

  1. exercise supervision over the Minor's use of our website and account;

  2. assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;

  3. ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;

  4. assume liabilities resulting from the Minor's use of our website and their account;

  5. ensure the accuracy and truthfulness of all information submitted by the Minor; and

  6. provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to this Agreement on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our Website and your account on this basis.

(6) You may also register by logging into your account with certain third-party social networking sites including, but not limited to, Google or Facebook, via the Website. By logging into your account with such certain third-party social networking sites you represent that you are entitled to disclose your third-party account login information to us and/or grant us access to your third-party account, without breach by you of any of the terms and conditions that govern your use of the applicable third-party account. You have the ability to disable the connection between your Find My Coach account and your third-party accounts. Your relationship with third-party social networking sites associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.

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SITE TERMS

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit any viruses, malware or any other technologies that are of a malicious or destructive nature or that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for any reason, including violating any of the prohibited uses.

 

COPYRIGHT, TRADEMARK AND OWNERSHIP

By using our Service, you agree that the name “ Visualize Success ADHD”  is exclusively owned by the Company and you, the user, will not use these names. All rights are reserved. All Content on the Site is subject to intellectual property rights, contractual rights, or other protections. The intellectual property rights for the Site are owned by Visualize Success ADHD, LLC. By using the Site you agree to not copy, distribute, republish, upload, post, or transmit any Content on the Site except as provided explicitly in the Terms of Service or with prior written consent from  Visualize Success ADHD, LLC. 


MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools. Any use by you of third-party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the Site (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

 

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Policy. Please view our Privacy Policy.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.  

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Notwithstanding the foregoing, if the Company is found to be liable for any reason, the Company’s liability to you or any third party is limited to the greater of the total fees paid by you to the Company in the 12 months prior to the action giving rise to the liability or $150. 

 

In no case shall Visualize Success ADHD, LLC, our owners, affiliates, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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INDEMNIFICATION

You agree to indemnify, defend and hold harmless Visualize Success ADHD, LLC, our owners, affiliates, suppliers or service providers  harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or the Company. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due to us including amounts coming due after the date of termination.

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ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement and understanding between you and the Company and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and the Company (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT INFORMATION: 

Questions about the Terms of Service should be sent to us at: lucinda@visualizesuccessadhd.com

 

Last updated on August 30, 2023

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