Please Read Before Using the Website!
Terms of Service and Use for http://rebeckaeggers.com
Consideration, Entire Agreement, Modifications
This User Agreement has been in effect since May of 2012 and was last modified on May 22, 2016. This User Agreement constitutes the entire agreement between you and Rebecka Eggers regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.
Rebecka Eggers reserves the right to change the User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically in order to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
You agree that this User Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.
Responsible Use and Conduct
By visiting the Website and accessing the information, resources, services, products, and tools provided for or to you, either directly or indirectly and or by Rebecka Eggers or through third parties (hereafter referred to as the “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of the User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand and agree that:
a. In order to access the Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of the Resources by any means other than through the means Rebecka Eggers provides, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell the Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that Rebecka Eggers may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. Rebecka Eggers may provide various open communication tools on the Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally Rebecka Eggers does not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to the Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including Rebecka Eggers and any any of her employees or representatives.
Rebecka Eggers has the right at her sole discretion to remove any content that, she feels, in her judgment, does not comply with the User Agreement, along with any content that she feels, in her sole discretion, is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. Rebecka Eggers is not responsible for any delay or failure in removing such content. If you post content that Rebecka Eggers chooses to remove, you hereby consent to such removal, and consent to waive any claim against her.
i. You will indemnify and hold harmless Rebecka Eggers and related entities or affiliates, and their directors, officers, managers, employees, donors, agents, and licensors (the “Indemnified Parties”), from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. Rebecka Eggers reserves the right to take over the exclusive defense of any claim for which she is entitled to indemnification under this User Agreement. In such event, you shall provide her with such cooperation as is reasonably requested by her.
j. No joint venture, partnership, employment, agency or client relationship exists between you and Rebecka Eggers as a result of this User Agreement or your use of the Website and/or the Resources.
Limitation of Liability, Warranty Disclaimer, No Guarantee
THE RESOURCES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” / “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REBECKA EGGERS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
REBECKA EGGERS DOES NOT WARRANT THAT (I) YOUR USE OF THE RESOURCES WILL MEET YOUR NEEDS OR REQUIREMENTS; (II) THE USE OF THE RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS; (III) THE INFORMATION OBTAINED BY USING THE RESOURCES WILL BE ACCURATE OR RELIABLE; OR (IV) THE FUNCTIONS CONTAINED IN ANY OF THE RESOURCES (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE RESOURCES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE.
REBECKA EGGERS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY OF THE RESOURCES WHETHER THEY ARE MADE AVAILABLE THROUGH, OR IN A MANNER OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).
REBECKA EGGERS EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS THAT LINK TO OR FROM THE WEBSITE. SHE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON THE WEBSITE. REBECKA EGGERS DOES NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAS SHE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. SHE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST REBECKA EGGERS WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). SHE STRONGLY ENCOURAGES YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
THE WEBSITE AND THE RESOURCES ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. REBECKA EGGERS MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED EARLIER IN THIS AGREEMENT) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
CERTAIN STATE AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability
In conjunction with the Waiver and Release as explained above, you expressly understand and agree that any claim against us shall be limited to the lesser of the amount you paid, if any, for use of products and/or services and one hundred United States dollars ($100).
To the full extent permitted by law, Rebecka Eggers further limits and disclaims all liability as follows: Rebecka Eggers will not be liable for any direct, indirect, incidental, consequential (including lost profits) or exemplary loss or damages (including those arising from negligence), personal injury (including death) or property damage of any kind which may be incurred by you or arise as a result of (i) using being or unable to use the Resources, (ii) as a result of errors and omissions committed by Rebecka Eggers or any of the Indemnified Parties, either online of offline; (iii) as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime (iv) as a result of any delay or failure of performance relating, directly or indirectly, from any even of force majeure or other cause beyond Rebecka Eggers’s control or, without limitation, acts of god, war, equipment and technical failures, electrical power disruptions or fluctuations, or non-performance of third parties.
No information or advice, whether expressed, implied, oral or written, obtained by you from Rebecka Eggers or through any Resources she provides shall create any warranty, guarantee, guarantee of outcome or conditions of any kind, except for those expressly outlined in the User Agreement.
No client or coaching relationship is formed with Rebecka Eggers by virtue of your use of the Resources other than is expressly provided in a separate contract for services between you and Rebecka Eggers.
All content and materials available on http://rebeckaeggers.com, including but not limited to text, graphics, website name, code, images and logos (collectively, the “Content”) are the intellectual property of Rebecka Eggers, and or her licensors or licensees, and are protected by applicable copyright and trademark law. Further, the compilation of the Content on the Website is Rebecka Eggers’ exclusive property, protected by United States and international copyright laws, treaties and conventions. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any of the Content on this site is strictly prohibited, unless specifically authorized by Rebecka Eggers.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to Rebecka Eggers or her licensors or licensees. Rebecka Eggers’ Marks may not be used in connection with any product or service that is not Rebecka Eggers’ in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by Rebecka Eggers that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rebecka Eggers.
Rebecka Eggers grants to you a limited license to access and make personal use of the Website.
No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that Rebecka Eggers make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of Rebecka Eggers’ products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website.
Your use of Content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without Rebecka Eggers’ and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to pages on the Website provided that the link does not portray Rebecka Eggers or her licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of Rebecka Eggers’ or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
Termination of Use
You agree that Rebecka Eggers may, at her sole discretion, suspend or terminate the User Agreement as well as your access to all or part of the Website and Resources with or without notice and for any reason, including, without limitation, breach of the User Agreement. Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources Rebecka Eggers provides will immediately cease, and she reserves the right to remove or delete any information that you may have on file with us, including any account or login information.
The User Agreement is effective until terminated by either you or Rebecka Eggers. You may terminate the User Agreement prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under the User Agreeement or otherwise. If you terminate the User Agreement, you shall notify Rebecka Eggers by sending notice of such termination by email using this contact form.
The provisions of the User Agreement, which by their nature should survive the termination of this User Agreement, shall survive such termination.
When you visit the Website or send e-mails to Rebecka Eggers, you are communicating with her electronically. You consent to receive communications from her electronically. She will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that she provides to you electronically satisfy any legal requirement that such communications be in writing.
Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). Rebecka Eggers may, at any time and from time to time, in her sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to Rebecka Eggers.
The Website is controlled by Rebecka Eggers from her office located in the state of Guanajuato, Mexico. It can be accessed by most countries around the world and is, in fact, hosted in a third location. As each country has laws that may differ, by accessing the Website, you agree that the statutes and laws of Mexico and the State of Guanajuato apply, and without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Guanajuato, Mexico. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Failure to enforce any provision of the User Agreement or respond to a breach by you or others shall not constitute a waiver of Rebecka Eggers’ right to enforce any other provision of the User Agreement as to that breach or any other.
If any provision of the User Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
If you have any questions or comments about the User Agreement as outlined above, you may contact Rebecka Eggers using this contact form.