Introduction Welcome to the Internet Site of UnCommon Courtesy &
Coaching. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE. By using this site, you signify your agreement to these terms of use.
If you do not agree to these terms of use, please do not use the UnCommon
Courtesy & Coaching site. We reserve the right, at our discretion, to change,
modify, add, or remove portions of these terms at any time. Please check these
terms periodically for changes. Your continued use of this site following the
posting of changes to these terms will mean you accept those changes.
Restrictions
and Use of Materials All materials contained in this UnCommon Courtesy &
Coaching site are the copyrighted property of the UnCommon Courtesy & Coaching,
its subsidiaries or affiliated companies and/or third-party licensors. All
trademarks, service marks, and trade names are proprietary to UnCommon Courtesy
& Coaching and its affiliates. No material from this UnCommon Courtesy &
Coaching site or any Internet site owned, operated, licensed, or controlled by
UnCommon Courtesy & Coaching and its affiliates may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way, except
that you may download one copy of the materials on any single computer for your
personal, noncommercial home use only, provided that (i) you keep intact all
copyright and other proprietary notices, (ii) you make no modifications to the
materials, (iii) you do not use the materials in a manner that suggests an
association with any of our products, services, or brands, and (iv) you do not
download quantities of materials to a database that can be used to avoid future
downloads from this UnCommon Courtesy & Coaching site. For purposes of these
terms, the use of any such material on any other Web site or computer
environment is prohibited. All trademarks, service marks, trade names, and trade
dress are proprietary to us. In the event you download software from this
UnCommon Courtesy & Coaching site, the software, including any files, images
incorporated in or generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by us or third-party
licensors for your personal, noncommercial home use only. We do not transfer
title to the Software to you. You own the medium on which the Software is
recorded, but we (or third-party licensors) retain full and complete title to
the Software and all intellectual property rights therein. You may not
redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-readable form.
Submissions We are pleased to hear from our visitors and welcome
your comments regarding our products and services. Unfortunately, however, our
long-standing company policy does not allow us to accept or consider creative
ideas, suggestions, or materials other than those that we have specifically
requested. We hope you will understand that it is the intent of this policy to
avoid the possibility of future misunderstandings when projects developed by our
professional staff might seem to others to be similar to their own creative
work. Please do not send us any unsolicited original creative materials such as
stories or ideas, screenplays, or original artwork. While we do value your
feedback on our services and products, we request that you be specific in your
comments on those services and products, and not submit any creative ideas,
suggestions, or materials (unless specifically requested by us). If, at our
request, you send certain specific submissions (e.g., postings to chat, boards,
or contests) or, despite our request, you send us creative suggestions, ideas,
notes, drawings, concepts, or other information (collectively, the
"Submissions"), the Submissions shall be deemed, and shall remain, our property.
None of the Submissions shall be subject to any obligation of confidence on our
part and we shall not be liable for any use or disclosure of any Submissions.
Without limitation of the foregoing, we shall exclusively own all now-known or
hereafter existing rights to the Submissions of every kind and nature throughout
the universe and shall be entitled to unrestricted use of the Submissions for
any purpose whatsoever, commercial or otherwise, without compensation to the
provider of the Submissions.
Forums and Public Communication "Forum" means a chat area, message board, or e-mail
function offered as part of this UnCommon Courtesy & Coaching site. If you
participate in any Forum within the UnCommon Courtesy & Coaching site, you must
not:
defame, abuse, harass or threaten others;
make any bigoted, hateful, or racially
offensive statements;
advocate illegal activity or discuss
illegal activities with the intent to commit them;
post or distribute any material that
infringes and/or violates any right of a third party or any law;
post or distribute any vulgar, obscene,
discourteous, or indecent language or images;
advertise or sell to or solicit others;
use the Forum for commercial purposes of
any kind;
post or distribute any software or other
materials that contain a virus or other harmful component; or
post material or make statements that do
not generally pertain to the designated topic or theme of any chat room
or bulletin board.
It is our policy to respect the privacy of all
customers. Therefore, in addition to the privacy of Registration data (see our
Privacy Policy), we will not monitor, edit, or disclose the contents of a
customer's e-mail unless (a) you authorize us to do so, (b) we must do so in
order to resolve technical problems on this UnCommon Courtesy & Coaching site;
or (c) unless required to do so by law or in the good-faith belief that such
action is necessary to: (1) comply with the law or comply with legal process
served on us; (2) protect and defend our rights or property; or (3) act in an
emergency to protect the safety of our customers or the public. Customers shall
remain solely responsible for the content of their messages.
We reserve the right to remove or edit content from
any Forum at any time and for any reason.
By uploading materials to any Forum or submitting
any materials to us, you automatically grant (or warrant that the owner of such
materials expressly granted) us a perpetual, royalty-free, irrevocable,
nonexclusive right and license to use, reproduce, modify, adapt, publish,
translate, publicly perform and display, create derivative works from and
distribute such materials or incorporate such materials into any form, medium,
or technology now known or later developed throughout the universe. In addition,
you warrant that all so-called "moral rights" in those materials have been
waived.
When participating in a Forum, never assume that
people are who they say they are, know what they say they know, or are
affiliated with whom they say they are affiliated with in any chat room, message
board, or other user- generated content area. Information obtained in a Forum
may not be reliable, and it is not a good idea to trade or make any investment
decisions based solely or largely on information you cannot confirm. We cannot
be responsible for the content or accuracy of any information, and shall not be
responsible for any trading or investment decisions made based on such
information.
Content Linked to this UnCommon
Courtesy & Coaching Site Please exercise discretion while browsing the Internet
using this UnCommon Courtesy & Coaching site. You should be aware that when you
are on this UnCommon Courtesy & Coaching site, you could be directed to other
sites that are beyond our control. There are links to other sites from UnCommon
Courtesy & Coaching pages that take you outside of our service. For example, if
you click on a banner advertisement or a search result, the click may take you
off the UnCommon Courtesy & Coaching site. This includes links from advertisers,
sponsors, and content partners that may use our logo(s) as part of a co-branding
agreement. These other sites may send their own cookies to users, collect data,
solicit personal information, or contain information that you may find
inappropriate or offensive. In addition, advertisers on the UnCommon Courtesy &
Coaching site may send cookies to users that we do not control.
We reserve the right to disable links from
third-party sites to this UnCommon Courtesy & Coaching site.
We make no representations concerning the content of
sites listed in any of our directories. Consequently, we cannot be held
responsible for the accuracy, relevancy, copyright compliance, legality, or
decency of material contained in sites listed in our search results or otherwise
linked to this UnCommon Courtesy & Coaching site.
Please keep in mind that whenever you give out
personal information online --- for example, via registration, message boards or
request for information sections --- that information can be collected and used
by people you don't know. While UnCommon Courtesy & Coaching strives to protect
your personal information and privacy, we cannot guarantee the security of any
information you disclose online; you make such disclosures at your own risk.
Disclaimer THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS ON THIS UNCOMMONCOURTESY & COACHING SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the
accuracy, content, or availability of information found on sites that link to or
from this site. We cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links to or from this
site or third-party content on our site. We do not endorse any of the
merchandise, nor have we taken any steps to confirm the accuracy or reliability
of, any of the information contained in such third-party sites or content. We do
not make any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you
might be requested to give any third-party, and you hereby irrevocably waive any
claim against us with respect to such sites and third-party content.
We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding with any
online or offline transaction with any of these third parties.
Credit Cards UnCommon Courtesy & Coaching takes the issue of your
privacy seriously. We provide your credit card number, billing and shipping
information to participating partners from whom you buy goods. The partners are
solely responsible for how they use that information and any other information
they independently acquire from you or about you. Otherwise, we do not share
your credit card information with anyone else. For more information, please read
our Privacy Policy. To protect the security of your credit card information, we
employ the industry-standard Secure Sockets Layer (SSL) technology. We also
encrypt your credit card number when we store your order and whenever we
transfer that information to participating merchants
Indemnification You are entirely responsible for maintaining the
confidentiality of your Password and account and for all activities that occur
under your account. You hereby indemnify, defend, and hold us and our affiliates
and our officers, directors, owners, agents, information providers, affiliates,
licensors, and licensees (collectively, the "Indemnified Parties") harmless from
and against any and all liabilities and costs (including reasonable attorneys'
fees') incurred by the Indemnified Parties in connection with any claim arising
out of any breach by you of this Agreement or claims arising from your account.
You shall use your best efforts to cooperate with us in the defense of any
claim. We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you.
Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, ANY MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE SITE.
Jurisdictional Issues Unless otherwise specified, the materials in this
UnCommon Courtesy & Coaching site are presented solely for the purpose of
promoting products available in the United States and its territories,
possessions, and protectorates. UnCommon Courtesy & Coaching is controlled and
operated by Susan C. Rempel, Ph.D. from her office in California. We make
no representation that materials on this UnCommon Courtesy & Coaching site are
appropriate or available for use in any particular location. Those who choose to
access a this site do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
Software from this site is further subject to United States export controls. No
software from this site may be downloaded or otherwise exported or reexported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By downloading or using
the Software, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such list.
Termination These terms are effective until terminated by either
party. You may terminate these terms at any time by discontinuing use of this
site and destroying all materials obtained from any and all such sites and all
related documentation and all copies and installations thereof, whether made
under these terms or otherwise. Your access to any and all UnCommon Courtesy &
Coaching sites may be terminated immediately without notice from us if in our
sole discretion you fail to comply with any term or provision of these terms.
Upon termination, you must cease use of this site and destroy all materials
obtained from such site and all copies thereof, whether made under these terms
or otherwise.
Notice and Procedure For Making
Claims of Copyright Infringement We may give notice to our users by means of a general
notice on this UnCommon Courtesy & Coaching site, electronic mail to a user's
e-mail address on our records, or by written communication sent by first-class
mail to a user's address on our records.
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright infringement should be sent to
Service Provider's Designated Agent. See Notice and Procedure for Making Claims
of Copyright Infringement. Notification must be submitted to the following
Designated Agent:
Service Provider: UnCommon Courtesy &
Coaching
Full Address of Designated Agent to Which
Notification Should be Sent: P.O. Box 12282, Newport Beach, CA.
E-Mail Address of Designated Agent:
susan@uncommoncourtesy.com
To be effective, the notification must be a
written communication that includes the following:
A physical or electronic signature of person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
Identification of the copyrighted work claimed to
have been infringed, or multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such works at
that site;
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;
Information reasonably sufficient to permit the
service provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted;
A statement that the complaining party has 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; and
A statement that the information in the
notification is accurate and, under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
All text, photo, graphic, audio, and/or video material
shall not be published, broadcast, rewritten for broadcast or publication, or
redistributed directly or indirectly in any medium. No materials or any portion
thereof may be stored in a computer except for personal and noncommercial use.
UnCommon Courtesy & Coaching will not be held liable for any delays,
inaccuracies, errors, or omissions therefrom or in the transmission or delivery
of all or any part thereof, or for any damages arising from any of the
foregoing.
Motivational Messages and
Articles
UnCommon Courtesy provides messages that are meant to
inspire and entertain subscribers. These messages should not be interpreted as
therapy or as intended to cause any particular individual to act or behave in
any particular manner. Any statements or services provided by UnCommon Courtesy
should be interpreted as having only entertainment value. Visitors to UnCommon
Courtesy’s web site and subscribers or users of any service offered by UnCommon
Courtesy acknowledge that there is no therapeutic relationship. Therefore, there
is no confidential relationship, psychotherapist-patient privilege,
constitutional right to privacy and/or any other statutory or nonstatutory
privilege (to the extent otherwise applicable).
The information provided on this site is for
information purposes only. All materials used on this site are the property of
Dr. Susan Rempel or what is believed public domain. If you believe that any
copyright is being infringed, please contact
susan@uncommoncourtesy and the material will be removed or give
credit to the deserving party.
