This Terms and Conditions Agreement (“Agreement”) is a contract between you and Diamond Mind LLC (“Company”). Company owns and operates the websites found at thrivinginyourrecovery.com, garretbiss.com, firststepstothrive.com (individually and collectively “Site”). Use of the Site means you agree to all the Terms and Conditions written here. Be sure to carefully read and understand this Agreement. If you do not agree to these Terms and Conditions then you may not use this Site.
MODIFICATION OF AGREEMENT
Company reserves the right to modify this Agreement at any time. Notice that this Agreement has changed will be posted on the home page of the Site. Additionally, an email notification will be sent to anyone subscribing to email notifications. Use of the Site after the notice is posted indicates that you agree to the changes.
ACCESS TO THE SITE
In order to access the Site, you must obtain access to the internet. Company does not control or charge for access to the internet. Company may charge for access to specific portions of the Site (“Limited Access”). Company makes no representations, warranties, or assurances as to the availability of the Site.
MODIFICATIONS TO THE SITE
Company reserves the right to modify the Site from time to time for any or no reason and without notice. You agree that Company is not liable to you or to any third party for any modification of the Site. All information and materials contained on the Site are subject to change. Company attempts to keep information on the Site current, however, such information is subject to change at any time and without notice and, as such, posted information on this Site may not immediately reflect such changes.
When you visit the Site or send emails to Company, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
Company and/or its licensors own the intellectual property rights to the Site and materials and content on the Site. Subject to the license below, all intellectual property rights are reserved. You may view, download for caching purposes, and print pages from the Site for your own personal use. Certain areas of the Site may have Limited Access, typically for paid-for content. In such cases, you are permitted to download content expressly permitted for download for your own personal use without having to access the Site.
You specifically restricted from all of the following:
- Publishing any materials found on the Site in any other media
- Selling, sublicensing, and/or otherwise commercializing any materials found on the Site
- Publicly performing and/or showing any Site material
- Using the Site in any way that is or may be damaging to the Site
- Using the Site in any way that impacts users’ access to the Site
- Using the Site contrary to applicable laws and regulations, or in any way may cause harm to the Site or to any person or business entity
- Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Site
Using the Site to engage in any advertising or marketing
All content included in this Site, such as text, graphics, logos, images, audio, video, and software, is the property of Company or its content suppliers and is protected by international copyright laws. The compilation of all content on this Site is the exclusive property of Company and is protected by international copyright laws.
Certain areas and/or functions of the Site may require that you create or obtain a user ID and password. Any user ID and password you may have for accessing the Site are confidential and you must maintain confidentiality as well.
REVIEWS, COMMENTS, AND OTHER USER CONTENT
You may be able to post reviews, comments, and/or other content (“Your Content”) to the Site. By posting such content, you grant Company a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
Your Content must be your own and must not be invading or infringing on any third-party’s rights. Company reserves the right to remove any of Your Content from the Site at any time without notice.
RISK OF LOSS
All items purchased from Company are made pursuant to shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
Company and its associates attempt to be as accurate as possible. However, Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Company itself is not as described, your sold remedy is to return it in unused condition.
This Site may provide links or references to other sites. If Company has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that Company is connected with, operates or controls these web sites.Company makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. Company disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that Company endorses the content of such sites. Where Company is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.
Company takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of Company. You agree that Company shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify Company and its affiliates from and against any Claims incurred as the result of any such dealings.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE 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 ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This Agreement is governed by the laws of the State of North Carolina, without regard to conflicts of law provisions.
Any dispute relating in any way to your visit to Company or to products you purchase through Company shall be submitted to confidential arbitration in The State of North Carolina, United States of America (USA), except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in The State of North Carolina, United States of America (USA), and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You hereby indemnify to the fullest extent Company from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of this Agreement.
No waiver of any provision of this Agreement shall be valid unless in writing and signed by an authorized representative of both you and Company. Company’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be reformed and construed so as to be valid and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not affect the validity and enforceability of the remaining provisions of this Agreement.
Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
This Agreement constitutes the entire agreement between Company and you in relation to your use of this Site, and supersedes all prior agreements and understandings.
QUESTIONS AND CONTACT
For questions regarding this Agreement, please contact our Legal Department at email@example.com
Last Updated: 2019-03-31
Overview In Plain English The bottom line is that we won’t collect or use any of your personal information beyond what is necessary to allow you to use this site or to provide Company services to you.
We also will immediately and irrevocably delete any of your personal information if you ask us to. However, doing so may limit your ability to use certain portions of this site. For example, if you purchased a course from us then ask us to delete all your personal information, you will no longer have online access to the purchased course.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We may collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form or provide us with feedback on our products or services.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested
- To improve our website in order to better serve you
- To allow us to better service you in responding to your customer service requests
- To administer a contest, promotion, survey or other site feature
- To quickly process your transactions
- To ask for ratings and reviews of services or products
- To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect your information?
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
-Help remember and process the items in the shopping cart
-Understand and save user’s preferences for future visits
-Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
-You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, please look at your browser’s Help Menu to learn the correct way to modify your cookies.
What if I disable cookies in my browser?
If you turn cookies off, some features will be disabled. Some of the features that make your site experience more efficient and may not function properly. However, you will still be able to place orders by contacting customer service.
I hate spam. Will you spam me or sell my email address?
In short. No!
Why do you need my email address and what will you do with it?
You can use the public portion of our site without ever giving us your email address. However, there are times where we will need your email address in order to conduct business with you.
We collect your email address in order to:
-Send information, respond to inquiries, and/or other requests or questions
-Process orders and to send information and updates pertaining to orders
-Send you additional information related to your product and/or service
-Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
We also agree to the following:
-Never use false or misleading subjects or email addresses
-Always identify the message as an advertisement in some reasonable way
-Include the physical address of our business or site headquarters
-Monitor third-party email marketing services for compliance, if one is used
-Honor opt-out/unsubscribe requests quickly
-Allow users to unsubscribe from marketing emails by using the link at the bottom of each email
-If at any time you would like to unsubscribe from receiving future emails, follow the instructions at the bottom of each email and we will promptly remove your email address from our lists.
What information do you give to third-parties?
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
What about third-party links?
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
-If you have given us your email address, you can be notified via email
How can I change or delete my personal information?
-By emailing us
-By logging in to your account and editing or deleting your information
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to anyone under the age of 16 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action: should a data breach occur we will notify you via email within 3 business days of our discovery of the breach.
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.