TERMS & CONDITIONS OF USE POLICY
BY VISITING POSSIBLETHINGS.CO, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS OF POSSIBLE THINGS INC.
The terms “we”, “us”, and “our” refer to Possible Things, Inc. The term “Site” refers to possiblethings.co. The term “user,” “you” and “your” refers to site visitors, potential clients, and any other users of the site. The term “Service” refers to general information provided to permit you to learn more about our coaching firm, our services and our professionals and information about coaching in general. Such information may include data, articles, services, programs, opinions, images and photographs, audio/video recordings, software, copy, illustrations, and teachings (collectively, “Service”).
Use of the Service, including all information and educational materials presented herein by Possible Things Inc., is subject to the following terms and conditions. These Terms and Conditions apply to all site visitors, potential clients, and all other users of the site. By using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.
If you do not agree to be bound by these Terms and Conditions, you are not permitted to use this Site.
Use of the Site and Service
Materials on possiblethings.co contain general information only to permit you to learn more about our coaching firm, our services and our professionals and information about coaching in general. The information presented is not legal or licensed health professional advice, is not to be acted on as such, and is subject to change without notice.
To access or use the Site or the Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. By using 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 Site.
The Company makes no representation that the Service provided on the Site shall pertain to countries outside of the United States. It is your responsibility to comply with the laws of your jurisdiction.
Modification of These Terms
By using possiblethings.co or sending our office any personal information, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.
For Educational and Informational Purposes Only
As set forth more fully in the Disclaimer, the information contained on this Website and the Services available through this Website are for educational and informational purposes only. The Website and Services are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Description of Services
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions
We use session cookies to ensure that your computer displays possiblethings.co effectively. You have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from possiblethings.co, you may not be able to take full advantage of its features or to receive some of the Service possiblethings.co provides.
Links and Email Addresses
Links posted on this Site to other websites are provided only as a convenience to our clients. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Possible Things Inc. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Spamming, the unsolicited broadcasts of email addresses or links in this Site, is prohibited and unauthorized.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, 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.
The information presented on possiblethings.co is provided “as is” and “as available,” without representation or warranty of any kind. Possible Things Inc. does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the 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, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our 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 name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name 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.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site or via email any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site. Content you submit to the Site remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant Possible Things Inc. a worldwide, nonexclusive, royalty-free, irrevocable license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to the Company via this Website for business development and marketing purposes only.
By visiting the site, you agree to hold Possible Things Inc. harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Your Personal Information
Should you choose to provide personal information to the Website, you agree that it will be true and accurate. Using a name other than your own legal name is prohibited.
Our Intellectual Property
The Site and Service contain intellectual property owned by Possible Things Inc. including, without limitation, the Possible Things Inc. logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information and other intellectual property.
As the intellectual property of the Company and/or its affiliated companies and licensors it is therefore protected by copyright, trademark, patent, trade secrets and/or other intellectual property or proprietary laws. Any use, republication, removal, alteration, modification, or copying of the Service, is strictly prohibited. This means you may not republish or redistribute any part of the Service, whether in written or digital format, whether for business or non-commercial purposes, without the prior express consent of the Company. Distribution of any of the Service to others, whether you paid for the Service or not, is strictly prohibited without prior consent. To obtain such consent please contact the Company by referring to the section titled “Contact Information,” below.
The Company reserves all of its rights in the Service and in this Website. Nothing in these Terms grants you a right or license to use any trademark, design right, or copyright owned or controlled by the Company or any other third party except as expressly provided in these Terms.
We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Termination and Access Restriction
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Possible Things Inc. is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Possible Things Inc. has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Possible Things Inc.’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Possible Things Inc., and if no purchase has been made by you Possible Things Inc.’s cumulative liability to you shall not exceed $100.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. 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.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and Possible Things Inc. pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by Possible Things Inc. 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 us.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Kings County, New York. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Furthermore, the parties agree to attempt first to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you, accept upon approval by Possible Things Inc.. Any transfer, assignment, delegation or sublicense by you is invalid.
If you have any questions, concerns, or problems related to this Site, please contact firstname.lastname@example.org.
DATE: November 2, 2020