Terms of Use

 

Welcome to readysetpsyched.com (the “Site,” the “Website”). This Site is provided to you subject to the following terms of use (the “Terms of Use”). By accessing and using the Site, you expressly accept and agree to be bound by the Terms of Use.

 

These Terms of Use may be modified by us (“readysetpsyched.com,” “us,” “we,” “our”) from time to time in our sole discretion.  When we do, we will also revise the “Last Modified” date at the top of the Terms of Use.  Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the modifications.  Please consult these Terms of Use regularly.  In the event that you object to any term or condition contained herein, or any modification thereto, your only recourse is to discontinue using the Site. We accept no responsibility for any loss or damage that may result from accessing or reliance on content on the Website and disclaim, to the fullest extent permitted by applicable law, any and all liability with respect to acts or omissions made by clients or readers on the basis of content on the Website.

 

1.    Services.

Readysetpsyched.com offers business coaching and consulting services and develops strategy, design, and accountability to help you grow and simplify your business (the “Services” and “Products”).  We may also communicate with you through service announcements, administrative messages, newsletters and other communications, which are considered part of the Services.  Unless expressly stated otherwise, any new features or resources provided on the Site shall be considered Services and subject to these Terms of Use.

 

2.    Eligibility.

The Site and Services are intended for use only by individuals over the age of eighteen (18).  By using the Site and Services, you represent and warrant that you are over the age of eighteen (18). In consideration of your use of the Site and Services, you agree to (i) not use the Site or Services for any purpose in violation of these Terms of Use, and any and all applicable laws and regulations; and (ii) be fully responsible for any actions that occur during your usage of the website.

 

3.    Conduct and Acceptable Use.

This Site and the Services are offered for your benefit and your right to use this Site is personal to you.  As a condition of your use of the Site, you warrant that you will use the Site only for lawful and expressly permitted purposes and will our prior written consent. 

 

            You expressly agree not to use this Site or Services:

• to engage in any activities that are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, or infringe upon the rights of others in any way;
• to make available any material that infringes any copyright, patent, trademark, trade secret or any other proprietary or intellectual property rights of any person or entity;
• to harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties;
• to impersonate any person or entity, or otherwise misrepresent yourself or anything about yourself;
• in any manner that could damage, disable, overburden, or impair the Site or the users’ enjoyment of the site;
• to post personally identifiable information about any person that is not yourself without that person’s explicit consent;
• to post content that is false, deceptive, misleading, deceitful or fraudulent;
• to publish, post, distribute, disseminate or link to any inappropriate, profane, obscene, adult content, nude, indecent topic, name, material or information;
• to conduct or distribute illegal contests, pyramid schemes, multi-level marketing campaign chain letters, junk mail, spam, or unsolicited commercial advertisement, or to contact any users with any form of commercial advertising or solicitation, unless you have obtained their express consent to receive such materials;
• to publish, post, distribute, disseminate or link to any files or programs that contain software viruses, trojan horses, malware, spyware, or other malicious files or programs that are designed to interrupt, destroy, limit the functionality, or co-opt computer hardware or software;
• to  use automated means such as spiders, robots, crawlers, data mining tools, or the like to download data from the site;
• to attempt to gain unauthorized access to our computer systems or networks;
• to sell, distribute, disseminate or link to any sites for marketing, sales or distribution of firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged, or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party’s rights, registered or unregistered securities, goods or services that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via this website would cause anyone to violate any law, statute or regulation;
• to upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of Readysetpsyched.com, is objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose readysetpsyched.com or its users to any harm or liability of any kind; or
• to engage in any other similar behavior which readysetpsyched.com, in its sole discretion, finds objectionable.

 

Proprietary Rights.

The services and content accessible from the Site (the “Services” and “Content”, respectively), including all trademarks, service marks, trade names, patents, trade secrets, copyrights, and other information, whether or not registered, is the proprietary information of SandraJones.Me or the party that provided the Content to Readysetpsyched.com, and Readysetpsyched.com or the party that provided the Content retains all right, title and interest in the Content.  Certain Services and Products are licensed to Readysetpsyched.com by third party rights holders and such third-party rights holders retain all proprietary rights in such Services and Products and such Services and Products are sold or licensed to you subject to the proprietary rights of the third-party rights holder.  Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Readysetpsyched.com, except for your personal, non-commercial use.  In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.  Modification or use of the Content except as expressly provided in these Terms of Use is a violation of applicable intellectual property rights.  Neither title nor intellectual property rights are licensed, assigned, or otherwise transferred to you by access to this Site. 

 

You understand that the Content and Services, and software embodied within the Content and Services, may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Readysetpsyched.com and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Content and Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.

 

Copyright Infringement Notice.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
 

1. A signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site (providing URL(s) in the body of the communication is the best way to help us locate content quickly);
4. Your name, address, telephone number and e-mail address;
5. A signed statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
    

Readysetpsyched’s copyright agent can be reached as follows:

 

Brandon Kauffmann

9673 Bradford Knoll Dr., Fishers, IN 46037
e-mail: [email protected] (Please put "Copyright Infringement" in the subject line).

 

Termination.

Readysetpsyched.com reserves the right (but not the obligation), in its sole discretion, to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to, or use of, the Site and/or Services immediately and without notice, for any reason whatsoever, or no reason at all.  You agree that Readysetpsyched.com shall not be liable to you are any third-party for any termination of your access to, or use of, the Site or Services.
 

7.    DISCLAIMER OF WARRANTIES

 

            YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

 

a.    YOUR USE OF THE SITE, SERVICES AND CONTENT ARE AT YOUR SOLE DISCRETION AND RISK. THE SITE, SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SANDRAJONES.ME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

b.    READYSETPSYCHED.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITE, SERVICES, CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

c.     ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICES OR CONTENT IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

d.    ADVICE, INFORMATION, PRODUCTS, SERVICES, CONTENT OR OTHER MATERIAL ON THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, BUSINESS, FINANCIAL OR OTHER DECISIONS AND IS NOT INTENDED TO REPLACE THE ADVICE OF APPRORIATE AND QUALIFIED PROFESSIONALS.  YOU ACKNOWLEDGE THAT YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. 

 

8.    LIMITATION OF LIABILITY

 

a.    IN NO EVENT SHALL WE AND/OR OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER NOR FOR ANY DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, SERVICES, PRODUCTS OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE, SERVICES OR CONTENT, OR FOR ANY INFORMATION, PRODUCTS, SERVICES, CONTENT, MATERIALS, AND RELATED GRAPHICS, OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

b.    IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, SERVICES OR CONTENT, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND ITS RELATED SERVICES, SAVE THAT WHERE YOU HAVE PAID ANY FEE DIRECTLY TO THIS WEBSITE IN RESPECT OF SERVICES PROVIDED OR TO BE PROVIDED, THIS WEBSITE WILL REFUND ANY PORTION OF THE FEE WHICH RELATES TO SERVICES NOT PROVIDED.

 

9.    Indemnification.

You agree to indemnify and hold Readysetpsyched.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Site, your use of the Site, Services, Products and Content, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with us or your use of this website.

 

10.    Third Party Links.

This Site may contain links to other sites for your convenience only; these sites are not owned or controlled by Readysetpsyched.com, and Readysetpsyched.com is not responsible for the contents of any of these third-party resources.  The inclusion of any link on this site does not imply any recommendation, approval or endorsement of that site by Readysetpsyched.com.  Such websites are not subject to the Terms of Use contained herein, and Readysetpsyched.com encourages you to make yourself aware of any terms and conditions of such third-party sites. Visiting any linked site is at your own risk.

 

Miscellaneous
 

1. Governing Law/Jurisdiction/Parties. These Terms of Use, and any disputes arising thereunder or arising through your use of the Site, Services, or Content shall be governed by the laws of the State of Indiana, without reference to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Hamilton County, Indiana for any and all claims arising under these Terms of Use or related to your use of the Site, Service, Products or Content. Readysetpsyched.com is an assumed name of Kauffy, Inc., an Indiana corporation.
2. Waiver. Failure by readysetpsyched.com to enforce any provision of these Terms of Use shall not constitute a waiver of any such provision or any other provision hereunder or any rights Readysetpsyched.com may have.
3. Severability. If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, or under present or future state or federal laws or rules and regulations promulgated thereunder, such provision shall be fully severable, and these Terms of Use shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions shall remain in full force and effect.
4. Contact. We value your input and encourage you to submit your feedback.

 

Ready. Set. Psyched.

9673 Bradford Knoll Drive, Fishers, IN 46037
e-mail: [email protected]