Terms of Use

 

Last Updated: May 1, 2023

DISCLAIMER

BY VISITING, USING, OR ATTEMPTING TO INTERACT WITH WWW.ARIELLEMILLER.COM, ANY AFFILIATE WEBSITE, PLATFORM, OR SUBDOMAIN TO WHICH YOU ARE REDIRECTED FROM WWW.ARIELLEMILLER.COM (COLLECTIVELY, THIS “WEBSITE”), OR ANY SOCIAL MEDIA SITE ACCOUNT OWNED OR OPERATED BY DR. ARIELLE MILLER COACHING & CONSULTING LLC AND RELATED TO THE SERVICES (AS DEFINED BELOW), YOU ARE CONSENTING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.

OVERVIEW

These Website Terms of Use (these “Terms”) are by and between Dr. Arielle Miller Coaching & Consulting LLC (“Company”, “We”, “we”, “Us”, “us”, “Our” or “our”) and you and governs your use of our Services and this Website. The terms “User,” “user,” “You,” “you,” “Your,” and “your” refer to Website visitors, clients, any other users of this Website, and anyone who attempts to interact with this Website.

The Website content and services, including, but not limited to, information, blog, seminars, classes, and social media groups comprise, and are collectively defined as, the “Service” or “Services”.

Use of this Website, including all materials presented on this Website and all Services provided by the Company, is subject to these Terms, which may be updated from time to time. These Terms apply to all Website visitors, clients, any other users of this Website, and anyone who attempts to interact with this Website. By using this Website or the Services, you agree that you have read, understood, and agree to comply with and be bound by these Terms.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, BY ENTERING INTO THESE TERMS, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY MANDATORY BINDING, INDIVIDUAL ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

  1. Acceptance of these Terms. The Terms contained on this webpage shall govern your access to and use of this Website, including all pages within this Website, and any content, functionality, and Services offered on or through this Website, whether as a guest or a registered user.

     

    Please read these Terms carefully before you start to use this Website. These Terms apply in full force and effect to your use of this Website and by using this Website, or by clicking to accept or agree to these Terms when this option is made available to you, you expressly accept and agree to be bound and abide by these Terms, and our Privacy Policy located at www.ariellemiller.com/privacypolicy and incorporated into these Terms by reference. If you do not agree with or have any objection to any these Terms, you must not access or use this Website.

  2. Who May Use This Website. To access, use, or interact with this Website, you must be 18 years of age or older, reside in the United States or any of its territories, and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Website. By accessing, using, or interacting with this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. We may, in our sole discretion, refuse to offer this Website or any Service to any person or entity and change the eligibility criteria at any time.

  3. Changes to these Terms. These Terms are subject to change at any time and without notice to you in the Company’s sole discretion. The most current posted version of these Terms supersedes all previous versions. Any updates to these Terms shall be effective as of the “Last Updated” date shown above, and apply to all access to, use of, and interaction with this Website after they are posted. Accordingly, you should check these Terms from each time you access, use, or interact with this Website to ascertain if any changes have been made as they are binding on you. You can review the most recent version of these Terms at any time by visiting this page. Your continued access to, use of, and interaction with this Website following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the updated Terms, you may not use this Website or our Services. If any new products, services, or content become available through this Website, they will be considered part of the Services and your use of them will be governed by these Terms, as updated, unless we notify you otherwise. Any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on this Website.

  4. Changes to this Website. Company may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the Content (as defined in Intellectual Property Rights) on this Website may be out of date at any given time, and we are under no obligation to update such Content.

  5. United States Users. The owner of this Website is based in District of Columbia in the United States. This Website and the Services are intended only for United States customers. If you visit this Website from outside the United States, your information may be transferred to, stored, and processed in the United States where our Website is hosted. The data protection and privacy laws of the United States may not be as comprehensive as those in your country. By using this Website and the Services available on this Website, you do so without our consent, and you agree to the transfer of your information to the United States and its collection, storage, sharing, and use as described in our Privacy Policy (located at the link in Acceptance of These Terms). You further agree that all transactions relating to the Website and Services shall be deemed to have occurred in the United States.

  6. Accessing this Website and Account Security. We reserve the right to withdraw or amend this Website, and any Service or Content we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. You are responsible for both:

    6.1. making all arrangements necessary for you to have access to this Website; and

    6.2. ensuring that all persons who access this Website through your internet connection are aware of these Terms and comply with them.

    To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information you provide on this Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (located at the link in Acceptance of These Terms), and you consent to all actions the Company takes with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a User ID, password, or any other piece of information as part of the Company’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your User ID, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your User ID or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    Company has the right to disable any User ID, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, but not limited to if, in our opinion, you have violated any provision of these Terms.

    Certain areas of this Website are restricted from access by you and Company may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any User ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

  7. Intellectual Property Rights. All materials contained on the Website are protected by copyright law except where explicitly noted otherwise. Company reserves all rights in this content.

    You acknowledge and agree that content, including but not limited to text, software, photographs, video, design, recordings, music, graphics, or other material contained on the Website (the “Content”) is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and applicable law. You agree not to copy, reproduce, distribute, or create derivative works from the Content or otherwise use, transmit, rebroadcast, publish, or distribute the Content in any form other than as expressly authorized by these Terms without Company’s prior written consent. You understand and agree that you are permitted to make one copy of the Content for personal use only, provided you:

    7.1.   Keep all copyright and other proprietary notices on each copy you make;

     

    7.2.   Use the material in a manner consistent with these Terms; and/or

    7.3. Understand that we are neither transferring ownership of the materials directly or by implication, nor granting any license or right to the trademarks, tradenames, or copyrights of any party.

    Using any of the Content for a commercial purpose without our express written consent-violates our copyrights and other proprietary rights.

    You may not use any data mining, robots, scraping, or similar data gathering and extraction tools on the Content, frame or scrape data from any portion of the Website or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You also are prohibited from taking any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure. Finally, you may not utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Website.

  8. Prohibited Uses. You may use the Website and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase Services through the Website for legitimate, non-commercial purposes only.

    You may not use the Website nor allow others to use your IDs or the Services to upload, distribute, transmit, communicate, link to, publish, or access anything that: (i) is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically, or otherwise objectionable or offensive, discriminatory or abusive, or unprofessional; (ii) in any way that violates any applicable laws, rules, or regulations (including, but not limited to, any laws, rules, or regulations regarding the export of data or software to and from the U.S. or other countries); (iii) exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, (iv) causes duress, distress, or discomfort to anyone else; (v) is likely to deter or discourage anyone else from using the Website or Services; (vi) contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, or our stated rules of use; (vii) introduces any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful and/or (viii) infringes on any intellectual property, privacy, or proprietary rights, or confidentiality obligations of others. 

    You may not use nor allow others to use your IDs or this Website or Services to try to or actually disrupt, impair, or interfere with, alter, or modify the Services or Website; act in any way that negatively affects or reflects us, the Services, this Website, or any third parties; or try to or actually collect information from others without their prior consent.

    You are prohibited from violating or attempting to violate the security of the Services or the Website in any way. Such violation(s) or attempted violation(s) may subject you to civil or criminal penalties. We reserve the right to investigate such violations or attempted violations and involve and cooperate with law enforcement at the state and federal level to prosecute you for such actions.

    You understand and agree that sending unsolicited email advertisements to email addresses obtained through the Website or Services or through our computer systems is expressly prohibited, and that such sending is violative of federal laws.

    You agree to comply with all local, state, and federal laws, statutes, regulations, and rules applicable to your use of the Services and the Website.

  9. Your Content; Monitoring and Enforcement; Termination. You are solely responsible for any information, data, text, software, music, sounds, photographs, graphics, video, messages, or other material (collectively “Your Content”) you post, upload, link to, or otherwise transmit to or through the Website and Services. You hereby represent and warrant that you own or have all necessary rights (including any necessary permissions and releases) to upload, display, and use of Your Content, and that you own or have all necessary rights (including necessary permissions and releases) to grant us the rights to Your Content contained in this Agreement. You further warrant and represent that our use of any of Your Content as contemplated by this Agreement does not violate the intellectual property rights of any other person or other third-party, except as you notify us in writing of any restrictions or limitations of use.

    You expressly agree that we have no responsibility for or control over Your Content nor the content posted, uploaded, linked to, or otherwise transmitted to or through the Website and Services or how you use our Website or Services. We make no representation that your use of this Website or Services complies with applicable laws or that it was designed to comply with applicable laws. We do not represent, warrant, or guarantee the truthfulness, accuracy, quality, legality, or reliability of any of Your Content or third-party content that you or third parties post, upload, link to, or otherwise transmit to or through the Website and Services.

    We reserve the unconditional right, but not the obligation, to (i) remove, move, or edit any of Your Content, in our sole and absolute discretion, that we deem to be harmful, offensive, unprofessional, disruptive, illegal, or otherwise contrary to the values of our business, and may do so without warning or notice to you, (ii) take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of this Website or the public, or could create liability for the Company, (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, (iv) take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of this Website and/or (v) terminate or suspend your access to all or part of this Website for any or no reason, including, but not limited to, any violation of these Terms.

    Without limiting the foregoing, Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through this Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    Company does not undertake to review all of Your Content or the content of any third parties before it is posted on the Website or through our Services and cannot ensure prompt removal of objectional or inaccurate material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding Your Content provided by you or any other user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

    Through posting, uploading, linking, or transmitting Your Content to or through this Website or Services you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any of Your Content by any means and in any media now known or hereafter developed for any use or purpose without compensation to you. Further, by posting, uploading, linking, or transmitting Your Content to or through the Website or Services you hereby agree to release, hold harmless, indemnify, and defend us from any and all legal or civil actions, penalties, and costs, including without limitation attorneys’ fees, arising from any of Your Content you post, upload, link to, or transmit to or through this Website or Services.

  10. Content Standards. These content standards apply to any and all Your Content, and use of Services. Your Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Your Content must not:

     

    10.1. contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

     

    10.2. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

     

    10.3. infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

     

    10.4. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy (located at the link in Acceptance of These Terms);

     

    10.5. be likely to deceive any person;

     

    10.6. promote any illegal activity, or advocate, promote, or assist any unlawful act;

    10.7. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

     

    10.8. impersonate any person, or misrepresent your identity or affiliation with any person or organization;

     

    10.9. involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and/or

     

    10.10. give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

  11. Intellectual Property Usage and Reporting Infringement. Company respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content and/or User Contributions does not infringe any third party’s right or other intellectual property rights. Company may remove content that in its sole discretion appears to infringe the intellectual property rights of others. In addition, Company will, in its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that this Website or any User Contributions and/or User Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please notify Company at contactus@ariellemiller.com, and provide the following information:

    11.1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;

     

    11.2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;

     

    11.3. Your name, address, telephone number, and email address;

     

    11.4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law;

     

    11.5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and/or

     

    11.6. A signature or the electronic equivalent from the copyright holder or authorized representative.

    In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users who are repeat infringers.

  12. Reliance on Information Posted. The information presented on or through this Website is provided “AS IS”, and is made available solely for general information purposes. Company does not make any express or implied representations or warranties of any kind, including, but not limited to, the accuracy, completeness, or usefulness of this information or any materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you. Any reliance you place on such information is strictly at your own risk. COMPANY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THIS WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

    This Website may include content provided by third parties, including, but not limited to, materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  13. Other Users. Nothing in these Terms shall create any right of action against us for failing to adequately screen potential users of this Website or Services.

  14. Information About You and Your Visits to this Website. All information the Company collects on this Website is subject to our Privacy Policy (located at the link in Acceptance of These Terms). By using this Website, you consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy.

  15. Linking to the Website and Social Media Features. You may link to the Company’s homepage, provided you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent.

    This Website may provide certain social media features that enable you to:

    15.1. link from your own or certain third-party websites to certain content on this Website;

     

    15.2. send emails or other communications with certain content, or links to certain content, on this Website; and/or

     

    15.3. cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

    You may use these features solely as they are provided by the Company and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

    15.4.   establish a link from any website that is not owned by you;

    15.5.   cause this Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;

     

    15.6.   link to any part of the Website other than the homepage; and/or

     

    15.7.   otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

     

    The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

    You agree to cooperate with Company in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

    We may disable all or any social media features and any links at any time without notice in Company’s discretion.

  16. Links from the Website. If this Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, but not limited to, banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  17. Feedback Regarding this Website and/or Services.  In some circumstances, you may provide feedback or comments to Company regarding this Website or Services. If such information is related to this Website or Service, you irrevocable assign all rights to this information to Company, for use and exploitation as Company sees fit. You will not be owed any compensation for such information, nor will you receive any type of attribution from Company.

  18. Disclaimer of Warranties. YOU UNDERSTAND THAT THE COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  19. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, YOUR USE OF THE CONTENT CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

  20. Indemnification. You agree to defend, indemnify, and hold harmless, to the fullest extent of the law, the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of any of the provisions of these Terms or your use of this Website, including, but not limited to, Your Content, any use of this Website's Content or Services other than as expressly authorized in these Terms, or your use of any information obtained from this Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

  21. Arbitration

    21.1. Any dispute, controversy, or claim arising out of or relating to your relationship with Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and expressly including any claims for violation of any state consumer protection act or the federal Telephonic Consumer Protection Act or any state or international law equivalents (collectively, “Claims”) that cannot be resolved by mutual negotiation between you and Company, shall be resolved by binding arbitration. The only exceptions are: (i) that you and we retain the right to pursue in small claims court any Claim that is within that court’s jurisdiction and proceeds on an individual basis and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights. Aside from these two exceptions, all other Claims must be resolved by binding arbitration pursuant to the terms set forth below. In agreeing to these Terms, including this arbitration provision, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO AGREE AND ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.

    21.2. The arbitration shall be administrated by the American Arbitration Association or its successor (“AAA”) in accordance with its Consumer Rules or any other applicable AAA rules and applying Virginia law. To the extent there is a conflict between this arbitration provision and the AAA’s Consumer Rules, this arbitration provision controls. In the event that the AAA is no longer in business, then the parties will attempt to agree on an alternative agency. If one cannot be agreed to, then the parties agree that a court of competent jurisdiction may select the arbitration agency for them. The arbitration shall be conducted before a single arbitrator. The arbitration will be conducted in a mutually agreeable location in your state of residence. The decision of the arbitrator shall be final and binding and may be entered as a judgment by any court of competent jurisdiction.

     

    21.3. Before initiating an arbitration, you must first send, by certified mail or a nationally recognized courier service like Fedex or UPS, a written Notice of Dispute (“Notice”) addressed to: [INSERT ADDRESS] (“Notice Address”). The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If the you and we do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you may commence an arbitration proceeding with the AAA by submitting the Notice of Dispute to the AAA and initiating the arbitration and sending a copy, by certified mail or courier service, of the initiated arbitration to the Notice Address. During the arbitration, other than informing the arbitrator that the Notice was properly provided, no information regarding any settlement offer made by either party shall be disclosed to the arbitrator. Unless prohibited by applicable law, any Claim must be submitted to us in a Notice of Dispute within one year from the occurrence of the facts giving rise to such Claim.

     

    21.4. If the AAA determines that your Claim is part of a filing of multiple or mass case filings, then you agree that the AAA Supplementary Rules for Multiple Case Filings apply and you further agree not to oppose any motion by us for an order requiring you to initially advance all filing fees and arbitrator costs. If you succeed on your Claim in any multiple or mass case filing, the arbitrator may award you costs in any amount that would place you in an equal position as you had been in if you filed your Claim individually.

     

    21.5. Neither party shall pursue any class, collective, or representative claims. Unless the Supplementary Rules for Multiple Case Filings apply, the parties may not consolidate the arbitration with any other proceedings to which we are a party, except for an arbitration in which the parties to this agreement are the sole parties.

     

    21.6. The arbitrator shall be entitled to award injunctive relief, if applicable, specific to you and to award damages. To the extent allowed by applicable law, the parties agree that neither party will be liable to the other (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) for any indirect, special, incidental, consequential, exemplary or punitive damages or for any form of damages other than direct damages. The arbitrator shall award attorneys’ fees and costs, including the expenses of the arbitration, to the prevailing party if the arbitrator finds that the non-prevailing party asserted frivolous or bad faith defenses or claims.

     

    21.7. Any award of the arbitrator shall have no preclusive effect in any future proceeding, except any future proceeding in which you and we are the sole parties.

     

    21.8. The parties agree that the arbitration proceedings and results are confidential and, except as required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration conducted pursuant to these Terms without the prior written consent of the parties.

    21.9. For the avoidance of doubt, this arbitration provision of these Terms applies to Claims involving any of Company’s employees, agents, subsidiaries, affiliates, successors, and/or assigns, each of which is an intended third-party beneficiary of these Terms. This Dispute Resolution provision of these Terms shall survive the termination of any other contractual or non-contractual relationship between us and you.

     

    21.10. With the exception of Sections 21.4 and 21.5 above (the mass action rules and class action waiver), if any part of this arbitration provision is held to be invalid, unenforceable, or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not in it. If, however, Sections 21.4 and 21.5 above (the mass action rules and class action waiver) are held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor us shall be entitled to arbitrate their dispute. If this agreement is found to be unenforceable on inapplicable for any reason, including because the class action waiver is found invalid, unenforceable, or illegal, then the sole and exclusive venue for the resolution of any Claim shall be the federal courts in the District of Columbia or, if there is no federal jurisdiction over the action, in the Superior Court of the District of Columbia. Further, you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is determined not to be subject to the arbitration provision.

  22. Governing Law and Jurisdiction. All matters relating to this Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia or any other jurisdiction). Exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the federal courts located in the District of Columbia, or the Superior Court of the District of Columbia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  23. Headings. The subject headings of the sections and subsections of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

  24. Assignment. Company shall be permitted to assign, transfer, and subcontract its rights, and/or obligations under these Terms without any notification or consent required. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  25. No Waiver. No waiver of any of the provisions of these Terms by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.

  26. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  27. Notices.

     

    27.1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to this Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

     

    27.2. To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Dr. Arielle Miller Coaching & Consulting, 712 H ST NE, STE 1853, WASHINGTON, DC 20002. We may update the facsimile number or address for notices to us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

  28. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  29. Entire Agreement. These Terms, our Privacy Policy, and Disclaimers constitute the sole and entire agreement between you and Company regarding this Website and/or the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding this Website and/or the Services.

  30. Your Comments and Concerns. For questions, feedback, comments, or other communications relating to this Website and/or these Terms, please email us at contactus@ariellemiller.com.