Terms Of Service

Margaret Zyk Coaching LLC

Coach@MargaretZykCoaching.com

732 S. 6th St, Suite R

Las Vegas, NV 89101

(702) 582-8078

Welcome to the website of Margaret Zyk Coaching LLC, located at MargaretZykCoaching.com, (hereinafter “We”, “Us”, “Our”). We thank You (any visitor to Our website and hereinafter "You" or "Your") for visiting Our website and considering Our products and services. 

By using this website or by clicking the button which states “I have read and agree to the Terms of Service and Privacy Policy of this website as well as the website’s use of cookies”; You hereby agree to the terms and conditions of this Terms of Service (hereinafter “Agreement”) which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us.

PRIVACY POLICY
 

Our Privacy Policy is located at ( http://bit.ly/3UmPfcz ) and is hereby incorporated into this Agreement by reference.  Please review the Privacy Policy to understand Our policies.
 

USER NAME AND PASSWORDS
 

You hereby agree that all user registration for Your account will be true, accurate, current, and complete and that You will maintain the accuracy of such information and promptly update it there are any changes.

You hereby agree that You are responsible for all actions taken under Your User Name and Password.  Please remember it is Your responsibility to keep this data secure, and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
 

VISITOR SERVICES

We offer two different personalized programs for those seeking help in navigating their life into retirement. 

TRADEMARKS
 

COPYRIGHT

 

As indicated by the notice on the bottom of Our Home Page, We claim a copyright to the contents of this website.

DIGITAL MILLENNIUM COPYRIGHT ACT
 

As provided for in the Digital Millennium Copyright Act; If You feel any content on Our web site violates Your copyrights please contact Our designated agent:
 

Andrew Jaffe

2375 Covington RD, Suite 315

Akron, OH 44313

FPVLLC@aol.com

by regular U.S. mail or email with the following information:
 

1. A  physical or electronic signature of a person authorized to act on behalf      of the owner of an exclusive right that is allegedly infringed.
   
    
2. Identification  of the copyrighted work claimed to have been infringed, or, if multiple      copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
   
    
3. Identification of the material that is claimed to be infringing or to be the subject of  infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
   
    
4. Information reasonably sufficient to permit the service provider to contact You, such  as an address, telephone number, and, if available, an electronic mail  address at which You may be contacted.
   
    
5. A  statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its   agent, or the law.
   
    
6. A statement that the information in the notification is accurate, and under  penalty of perjury, that You are authorized to act on behalf of the owner  of an exclusive right that is allegedly infringed.
    

Once We have received Your complaint We will:
 

1. Remove  or disable the identified infringing material (but maintain a copy for later use);
   
    
2. Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and
   
    
3. We  will inform the subscriber that they may submit a counter-notification      regarding the claimed infringing material.
    

Counter Notification - To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent by regular U.S. mail or email that includes substantially the following:
 

1. A  physical or electronic signature of the subscriber.
    
2. Identification  of the material that has been removed or to which access has been disabled      and the location at which the material Appeared before it was removed or access to it was disabled.
    
3. A  statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
    
4. The  subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber's address is outside of the United States, for any judicial  district in which the service provider may be found, and that the  subscriber will accept service of process from the person who provided the counter notification or an agent of such person.
    

Upon receipt of a counter notification We will promptly provide the complaining party with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.
 

WARRANTIES
 

OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.   WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US OR OUR BUSINESS LISTINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED ON OUR WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED ON OUR WEBSITE.  YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.  WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

WE RESERVE THE RIGHT TO REMOVE ANY DATA FOR ANY REASON OR FOR NO REASON IN OUR SOLE DISCRETION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US.  IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER. 

INDEMNIFICATION
 

You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law.  Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism.  We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
 

FORCE MAJEURE
 

We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond Our control.
 

ASSIGNMENT

You may not assign the rights or obligations under this Agreement.

INTENDED FOR ADULT USERS

We do not intentionally collect Personal Information from people who have not yet reached the age of majority in their jurisdiction. If You have not yet reached the age of majority in Your jurisdiction, please leave Our site immediately.

ENTIRE AGREEMENT
 

Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described in this Agreement are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
 

DISPUTE RESOLUTION
 

In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at MargareZykCoaching@gmail.com prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. 

This Agreement and Your use of Our web site are governed by the laws of the State of Nevada, and the courts of general jurisdiction located within Clark County, Nevada, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. 

You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.
 

SEVERABILITY
 

If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.

SURVIVAL OF RIGHTS

Our rights and remedies shall survive any termination or this Agreement.

HEADINGS
 

The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
 

AGREEMENT UPDATES
 

This Agreement is effective as of September 5, 2015. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.