Diane VanBuren, LLC Terms of Service:

Diane VanBuren, LLC.

 

TERMS OF ENROLLMENT

 

Our Right to Terminate Your Enrollment

We are committed to providing all participants with a positive experience. Thus, COMPANY may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:

  • • you become disruptive or difficult to work with;
  • • you fail to follow the program guidelines; or,
  • • you impair the participation of our instructors or participants in our program(s).

 

Content Policy

Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.

 

All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.

 

Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.

 

The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.

 

We assume no responsibility for errors or omissions that may appear in any program materials.

 

User names and passwords may not be shared with any third-parties.

 

Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.

 

Privacy and Confidentiality

We respect your privacy and must insist that you respect the privacy of fellow Program participants.   We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow Program participants and of the Company.

 

Thus, you agree:

Not to infringe any Program- participants or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;

 

That any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;

 

Not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;

 

That all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;

 

The reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;

 

That if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

 

While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence

 

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Company, their subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from my use of, or the inability to use, their site or Program Materials, including messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by Company In any way, even if Company is advised beforehand of the possibility of such damages. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to me. In such states, Company’s liability and the liability of their subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) you specifically acknowledge and agree that Company is not liable for any defamatory, offensive or illegal conduct of any user. If You are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.

 

The Program and Company’s site are continually under development and Company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. The information provided in this product is sold and provided on an “as is” basis.  Company does not promise or guarantee any income or particular result from your use of the information contained herein. Those results are your responsibility as the end user of the program. In particular, Company shall not be liable to you or any other party for any damages, or costs, of any character including but not limited to direct or indirect, consequential, special, incidental, or other costs or damages, in excess of the purchase price of the program. These limitations may be affected by the laws of particular states.

 

The Program, Program Materials and site exist for educational purposes only, and the materials and information contained therein are for general informational purposes only.  With regard to financial content contained therein: neither Company nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers and agents are financial advisors, or an investment advisory service, and nothing contained in the Program, Program Materials or site is intended to be or to be construed as financial advice, or legal, compliance, financial, tax, accounting or related advice.

 

The information contained in the Program (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the in the Program, Program Materials or site cannot be guaranteed.

 

The education and information presented by the Program, Program Materials and site is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You, as an end user of this information should therefore use the contents of this program and the materials as a general guideline and not as the ultimate source of current information and when appropriate, you understand that you should consult your own legal, accounting or other advisors.

 

Any case studies, examples, illustrations, or testimonials cannot guarantee that you will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.

 

Your use of the information contained herein is at your own risk. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content contained in the Program, Program Materials or site. you will seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

 

Any and all claims or representations, as to income earnings on the Program, Program Materials or site, are not to be considered as average earnings.  There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.

 

Monetary and income results are based on many factors. Company has no way of knowing how well you will do, as they do not know me, your background, your work ethic, or your business skills or practices. Therefore Company does not guarantee or imply that you will get rich, that you will do as well, or that you will make any money at all. If you rely upon figures provided in the Program, Program Materials or site; you must accept the risk of not doing as well.

All sales are final.

 

License 

Your use of, and access to the Program Materials is on a licensed basis. In that regard, Company hereby grants to you, and you hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program Materials.

You agree to:

 

Constantly use your best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company;

 

Not to attack the title of Company in and to the Program Material nor attack the validity of the license granted hereunder;
Not harm, misuse or bring into disrepute the Program Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability;

 

At all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Programs and Materials, and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Program Material.

 

The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof, or the name, likeness or image of Billy Gene, or trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Material designated herein. You shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.

 

Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.

 

Dispute Resolution

All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Salt Lake City , UT to be resolved in accordance with the laws of the state of Utah.

 

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class or club member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

 

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

 

Money Back Guarantee- 30 days of Diane VanBuren LLC Club Client

As a goodwill gesture, Diane VanBuren LLC offers a money back guarantee to private clients and Diane VanBuren LLC Club   (the “Money Back Guarantee”) for the 30 days of Private Clients. The Money Back Guarantee on the Business and Brand services  if your website/landing pages are not done 30days after you paid for the service. If you decide within the Guarantee Period that you were not fully satisfied with our program, service, and have proof of none delivery, you must notify us of this in writing prior to the expiry of the Guarantee Period. We reserve the right to refuse to provide a refund under the Money Back Guarantee if we reasonably believe you are acting in an unacceptable manner or attempting to abuse the Money Back Guarantee, and take advantage of our team or coaches hard work.

 

Your right to use the program and brand granted will be terminate on the date of your notification to us of your claim for a refund and you must promptly destroy all of our copies, scripts, speech written for you, brand design, funnels, landing pages, marketing materials of the brand and system we gave you. We will refund in that case , to you the price paid for the program by the means with which you paid for it, which will be paid as soon as possible and in any event within 30 days after your written notification.

 

8. Money Back Guarantee- Diane VanBuren LLC Club monthly membership EFFECTIVE 10/9/2021

As a good will gesture, Diane VanBuren LLC offers a money back guarantee (the “Money Back Guarantee”) Diane VanBuren Club members. The Money Back Guarantee on the club will be valid for seven (7) days after thirty (30) days since your purchase of the CLUB AND your full attendance of a club live business training session (the “Guarantee Period”) held every Monday and Wednesday  at 9 AM EST. If you decide within the Guarantee Period that you were not fully satisfied with the club, you must notify us of this in writing prior to the expiry of the Guarantee Period. We reserve the right to refuse to provide a refund under the Money Back Guarantee if we reasonably believe you are acting in an unacceptable manner or attempting to abuse the Money Back Guarantee. Your right to use the Diane VanBuren LLC Club  will terminate on the date of your notification to us of your claim for a refund and you must promptly destroy all copies created for you by the Diane VanBuren LLC team. We will refund to you the price paid for the club  by the means with which you paid for it, which will be paid as soon as possible and in any event within 30 days after your written notification.

 

The following terms and conditions govern all use of the https://www.dianevanburen.com website and all content, services and products available at or through the website (taken together, the Website ). The Website is owned and operated by Diane VanBuren LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Diane VanBuren LLC Privacy Policy) and procedures that may be published from time to time on this Site by Diane VanBuren LLC (collectively, the “Agreement”).

 

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Diane VanBuren LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

 

Your https://www.dianevanburen.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Diane VanBuren LLC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Diane VanBuren LLC liability. You must immediately notify Diane VanBuren LLC of any unauthorized uses of your account, your account or any other breaches of security. Diane VanBuren LLC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

 

Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Diane VanBuren LLC or otherwise.

 

By submitting Content to Diane VanBuren LLC for inclusion on your Website, you grant BBM a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your page. If you delete Content, Diane VanBuren LLC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

 

Without limiting any of those representations or warranties, HeartCore Business has the right (though not the obligation) to, in HeartCore Business’s sole discretion (i) refuse or remove any content that, in HeartCore Business’s reasonable opinion, violates any HeartCore Business policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in HeartCore Business’s sole discretion. HeartCore Business will have no obligation to provide a refund of any amounts previously paid.

 

Payment / refunds and Renewal.General Terms

By selecting a product or service, you agree to pay Diane VanBuren LLC the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable unless otherwise specified on the order form for that specific program. Any payments made 12 months prior, are non-refundable. Diane VanBuren LLC will offer discounts on the programs. If you purchase and Diane VanBuren LLC offers a discount on the program AFTER YOUR PURCHASE, you are not granted a refund of the difference. For full coaching, we do not offer refunds  after 90 days of delivering our package. 

 

Automatic Renewal

Unless you notify Diane VanBuren LLC before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Diane VanBuren LLC is not obligated to refund any charges that occurred before your cancellation request.  Upgrades can be canceled at any time by submitting your request to Diane VanBuren LLC  in writing. Diane VanBuren LLC Club membership  is a monthly payment commitment between Diane VanBuren LLC and You. Diane VanBuren LLC agrees to provide the services described in the Club agreement and you agree and accept to make the payments as you agreed to on the order form. You agree and accept to remit the down payment and the balance payments to Diane VanBuren LLC via a pre-authorized automatic electronic debit to the bank account or credit card(s) on file. If applicable, you agree and accept to make the down payment and balance payments regardless of Your level of participation in the Program.  Once training is started, no refunds (partial or complete) will be granted. This supersedes any money back guarantee.  If you opted to use the multi-pay option, consecutive payments are automatically drawn from the credit card or PayPal account on file at 30 day increments after registering except when enrolling within one month of the start date of your training. Consecutive payments will be drawn where tuition must be paid in full prior to the start of the Breakthrough course. Outstanding balances must be paid in full before continuing with the training. Within one month of a training date, only the 1-pay option will be available. If you need to change the dates of your Leadership Program, a change fee of $300 will occur.  If you would like to attend the Diane VanBuren LLC Leadership date and reserve your seat for a date that is currently not published on the website, you may register under another training date and submit a request to diane@dianevanburen.com indicating your intention to attend a future training within 48 business hours of your purchase. The $300 fee will be waived under this circumstance. 

 

Ageless Living Retreats
The Programs are a 12-week commitment between Diane VanBuren LLC and You. Diane VanBuren LLC agrees to provide the services described in the program agreement. In exchange for these services, You agree and accept to either make a pay in full payment or pay monthly over the course of 12 months as selected in step 2 of the order form. You agree and accept to remit the down payment and the balance payments to Diane VanBuren LLC via a pre-authorized electronic debit to the bank account or credit card(s) on file. You agree and accept to make the down payment and balance payments regardless of Your level of participation in the Program.Cancellation of PACE, Marketing  Mastery or Leadership — If you fail to make any payment on time and fail to correct such missed payment within 30 days, or if You fail to make any two payments on time, Diane VanBuren LLC is permitted to cancel Your participation in the Program. Upon cancellation, You agree and accept to pay to Diane VanBuren LLC a cancellation fee equal to (i) the amount of any missed payments, plus (ii) 50% of the remaining amounts due under the agreement. The cancellation fee is due immediately and Diane VanBuren LLC  is authorized to collect such fee immediately, including by debiting Your bank account or credit card(s) on file. You agree and accept that the cancellation fee is an amount of agreed upon damages and is not a penalty. Diane VanBuren LLC shall have no further obligations to perform under this Agreement following cancellation. If You sign up for the Program online through our website, the purchase is final with no cancellation period. If You sign up for the Program at a Diane VanBuren LLC  live event, you may cancel in writing using the Cancellation instructions supplied by Diane VanBuren LLC

 

Services
By signing up for a Services account you agree to pay BBM Business the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. if you are delinquent on your order, Diane VanBuren LLC reserves the right to change the payment terms and fees and attempt all cards on file that you authorized Diane VanBuren LLC to use.<

 

Support
If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Diane VanBuren LLC to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free https://www.bloomingbizmind.com services. All support will be provided in accordance with Diane VanBuren LLC standard services practices, procedures and policies.

 

Responsibility of Website Visitors
Diane VanBuren LLC  has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Diane VanBuren LLC does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Diane VanBuren LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

 

GDPR Compliance
You agree and accept that Diane VanBuren LLC will be using your personal data entered here to deliver the product or service you are purchasing and to communicate relevant information about the delivery of the product or service to you. In accepting this agreement you are indicating that you have read and accept our Privacy Policy and our Terms of Use.

 

Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which https://www.dianevanburen.com links, and that link to https://www.dianevanburen.com. BBM does not have any control over those non- Diane VanBuren LLC websites and webpages, and is not responsible for their contents or their use. By linking to a non-Diane VanBuren LLC  website or webpage, Diane VanBuren LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Diane VanBuren LLC disclaims any responsibility for any harm resulting from your use of non-Diane VanBuren LLC websites and webpages.

 

Copyright Infringement and DMCA Policy
As Diane VanBuren LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by https://www.dianevanburen.com violates your copyright, you are encouraged to notify Diane VanBuren LLC in accordance with Digital Millennium Copyright Act (“DMCA”) Policy. Diane VanBuren LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Diane VanBuren LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Diane VanBuren LLC or others. In the case of such termination, Diane VanBuren LLC will have no obligation to provide a refund of any amounts previously paid to Diane VanBuren LLC.

 

Intellectual Property
This Agreement does not transfer from Diane VanBuren LLC to you any Diane VanBuren LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Diane VanBuren LLC. Diane VanBuren LLC logo, the https://www.dianevannuren.com logo, and all other trademarks, service marks, graphics and logos used in connection with http://agelesslivingretreats.com, or the Website are trademarks or registered trademarks of HeartCore Business or HeartCore Business’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any HeartCore Business or third-party trademarks.

 

Advertisements
Diane VanBuren LLC reserves the right to display advertisements on your landing page unless you have purchased an ad-free account.

 

Attribution
Diane VanBuren LLC reserves the right to display attribution links such as ‘Blog at https://www.dianevanburen.com,’ theme author, and font attribution in your blog footer or toolbar.

 

Diane VanBuren LLC Does Not Guarantee Results. Diane VanBuren, LLC is convinced You will derive great benefits from Your participation in the Program and is dedicated to helping You become as successful as You envision. However, Diane VanBuren LLC does not guarantee or represent in any way that You or Your business will attain a certain level of sales, profits, earnings, or any other metric of success, either in the short-term or long-term. You and Your business’s success depends on many factors, including but not limited to Your personal motivation, Your time commitment, how effectively You implement the strategies taught in the Program, Your efficiency in following up on each phase of the Program, and the particular market and industry in which Your business operates. Your participation in this Program is an investment. None of the stories shared or examples used in Diane VanBuren LLC materials, on its website, or during its calls or events is a guarantee of any particular result or success. Diane VanBuren LLC disclaims any express or implied promise or representation other than those contained in this Agreement

 

Confidentiality
You agree and accept that Diane VanBuren LLC  methods, processes, and strategies taught in the Program are the sole and exclusive property of Diane VanBuren LLC and constitute a confidential proprietary system that is protected by law, including but not limited to copyright, trademark, and trade secret law. Diane VanBuren LLC system includes all materials associated with the Program and the related VIP Client Program, all business coaching strategies We teach, and all associated coaching advice. You agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure (i) is part of the Program, (ii) is required by valid legal process (whereby You agree and accept to provide prompt written notice of such legal process to HeartCore so that We can take appropriate legal action to protect Diane VanBuren LLC interests), or (iii) concerns matters or materials that have lawfully become part of the public domain. You further agree and accept that any violation of the terms of this Section 5 will cause substantial and irreparable harm to Diane VanBuren LLC and that Diane VanBuren LLC is entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.

 

Limitation of Liability
In no event will Diane VanBuren LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement 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 for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Diane VanBuren LLC  under this agreement during the twelve (12) month period prior to the cause of action. Diane VanBuren LLC  shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

General Representation and Warranty
You represent and warrant that (i) your use of the Website or program will be in strict accordance with the Diane VanBuren LLC’s Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

Indemnification
You agree to indemnify and hold harmless Diane VanBuren LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, program or the club, including but not limited to your violation of this Agreement.

 

Arbitration Agreement
Diane VanBuren LLC and You each agree and accept that any dispute arising out of or related to this Agreement or the Program shall be submitted to binding arbitration and heard by a single arbitrator. Arbitration shall be conducted on an individual basis and not on a class, representative, or consolidated basis. By agreeing to binding arbitration, DVB and You are each giving up the right to have any claims against the other that already exists or may exist in the future considered by a court or a jury. The arbitrator shall be provided by JAMS, which makes its rules and terms of arbitration available at www.jamsadr.com, and shall be selected by mutual agreement. Either Diane VanBuren LLC  or You may initiate arbitration by giving written notice of arbitration to the other and filing a demand for arbitration with JAMS. If an arbitrator is not selected within 30 days of the date the demand for arbitration is filed, then JAMS is authorized to select a neutral and independent arbitrator, which decision shall be final and conclusive. The arbitrator is authorized to issue any form of relief authorized by applicable law, including injunctive relief, declaratory relief, and damages. The prevailing party in any dispute shall be entitled to recover all costs and attorney’s fees incurred in connection with arbitration (including any costs and attorney’s fees incurred in court seeking to compel arbitration) to the fullest extent allowed by law. The arbitration shall be conducted in Dallas, Texas, unless otherwise required by law.

 

As soon as you agree to attend our virtual class, virtual event, live class, live event, you agree for you image to be used in our promotional material, advertisements and social media posts. As soon as you start working with any Diane VanBuren LLC Team member coaches or helpers, and access our material, you agree to not use them as your own but give credit Diane VanBuren or Diane VanBuren LLC. You understand that you cannot used our coaching language, materials, technicals without quoting and giving credit.