draft creative coaching, llc, Terms and Conditions of use

  1. Acceptance of Terms. These Terms and Conditions of Use, as updated from time to time by Draft Creative Coaching, LLC, apply to this website which is published by Draft Creative Coaching, LLC. You should carefully read these Terms and Conditions of Use before using the website. This is a legally binding agreement. If you do not agree with these Website Terms and Conditions of Use, you are not authorized to use this website.

  2. Prohibited Behavior. You are responsible for your behavior in your use of this website and for respecting Draft Creative Coaching, LLC’s and third parties’ (person or entity) rights in connection with the website and its content.

    ·        You may not use this website for any purpose or in any manner that violates any local, state, or federal law or regulation or the law or regulation of any foreign government.

    ·        You may not violate Draft Creative Coaching, LLC’s or third parties’ rights via downloading, e-mailing, transmitting, or otherwise using this website.

    ·        You may not use this website to post or send any infringing, threatening, defamatory, libelous, obscene, or pornographic material.

    ·        You may not upload or distribute viruses or other harmful computer code.

    ·        You may not harvest, scrape, or otherwise collect information about others, including e-mail addresses, from the content, data, or information from this website.

    ·        You may not, directly or indirectly, intentionally disrupt or interfere with this website in any manner that may materially adversely affect Draft Creative Coaching, LLC, or any third party.

    ·        You may not take any action that imposes or may impose an unreasonable or disproportionately large load on Draft Creative Coaching, LLC’s network infrastructure, as determined by Draft Creative Coaching, LLC, in its sole discretion.        

    ·        You may not bypass any measures Draft Creative Coaching, LLC, may use to prevent or restrict access to this website.

  3. Disclaimer of Warranties. The use of this website is solely at your own risk. This website is provided on an “as is” and “as available” basis. Draft Creative Coaching, LLC, expressly disclaims all warranties of any kind with respect to this website whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Draft Creative Coaching, LLC, expressly disclaims any responsibility for the actions of any other user of this website. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Draft Creative Coaching, LLC, makes no warranty that this website will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by use of the site will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the site is to cease to use this website. You may have other rights which may vary from state to state.

  4. Limitation of Liability.  IN NO EVENT SHALL DRAFT CREATIVE COACHING, LLC, BE LIABLE TO ANY USER FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT DRAFT CREATIVE COACHING, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

    IN NO EVENT SHALL DRAFT CREATIVE COACHING, LLC, BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY THEORY CONSTRUING DRAFT CREATIVE COACHING, LLC, AS HAVING PROVIDED LEGAL OR MEDICAL ADVICE.

  5. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product and other materials that are delivered to user through the website or prepared by or on behalf of Draft Creative Coaching, LLC, in the course of performing services  (collectively, the “Deliverables”) except for any confidential information of user or customer materials shall be owned by Draft Creative Coaching, LLC. Draft Creative Coaching, LLC, hereby grants user a license to use all Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free and perpetual basis to the extent necessary to enable user to make reasonable use of the Deliverables and any services, i.e., user may use any materials (aka Deliverables) provided by Draft Creative Coaching, LLC, for any services and personal use, but may not copy and use those materials for any other purpose.

  6. Reporting Copyright Violations. Pursuant to the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. 512(c)(2), Draft Creative Coaching, LLC, has a DMCA Registered Agent for notice of alleged DMCA copyright infringement. You may contact Draft Creative Coaching, LLC, DMCA Registered Agent at the e-mail address leslie@draftcreativecoaching.com. To file a notice of infringement with Draft Creative Coaching, LLC, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the United States Copyright Office website, located at http://www.copyright.gov.

  7. Choice of Law. These Terms and Conditions of Use and all matters arising out of or relating to this website, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Washington, United States of America.

  8. Choice of Forum. Any user of this website agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against Draft Creative Coaching, LLC, in any way arising from or relating to this website in any forum other than United States District Court for the Western District of Washington or the courts of the State of Washington sitting in King County, and any appellate court from any thereof. Each user irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation or proceeding only in United States District Court for the Western District of Washington or the courts of the State of Washington sitting in King County. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

  9. Online Commenting. Any comments made on the website will become the property of Draft Creative Coaching, LLC, which reserves the right to display comments in a variety of ways, including within the text of the website or in advertisements. We welcome articulate, well-informed remarks that are relevant to any post, in addition to any constructive advice and/or criticism. Draft Creative Coaching, LLC, reserves the right but is not obligated to moderate any comments and will not tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence and SHOUTING.

  10. Termination. Draft Creative Coaching, LLC, may block, suspend, or terminate your use of the website at any time for any reason including, but not limited to, the following: (a) your breach of this agreement; (b) Draft Creative Coaching, LLC, is unable to verify or authenticate any information you provide to us; or (c) Draft Creative Coaching, LLC, believes that your actions could cause financial loss or legal liability to Draft Creative Coaching, LLC, or other users of this website; (d) routine network maintenance affecting all users; or (e) your use of this website or service in a manner that violates the law or Draft Creative Coaching, LLC, policies.