RYANN PITCAVAGE TERMS & CONDITIONS
BY VISITING RYANNPITCAVAGE.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
By using ryannpitcavage.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Ryann Pitcavage (“Company”). By accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.
Information provided on the Site and related to our service of coaching (the “Service”) is subject to change. Company makes no representation or warranty that the information provided is accurate.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Company.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY 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 COMPANY 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 COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation 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.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York, exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be New York and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
Updated: December 2016
The Website and its Content is owned by Ryann Pitcavage (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of ryannpitcavage.com (“Website”).
Submission, Storage and Sharing of Personal Data
To use our Website or its Content, we may seek personal data including your name, e-mail address, street address, city, state, billing information, or other personally identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when visiting or interacting with our Website and its Content (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information.
Your Confidential Information is stored through by us internally or through a data management system. Your Confidential Information will only be accessed by those who help to obtain, manage or store that Information, or who have a legitimate need to know such Confidential Information.
There may be an occasion where we may ask for demographic information such as gender or age, but if you choose not to provide such data and information, you may still use the Website and its Content, but you may not be able to use those services where demographic information may be required.
Viewing by Others
Note that whenever you voluntarily make your Confidential Information or Other Information available for viewing by others online through this Website or its Content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the Confidential Information or Other Information that you voluntarily share.
To use certain features of the Website or its Content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.
It is your responsibility to protect your own username and password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your personal information at your own risk.
By using our Website and its Content you agree to enter true and accurate information on the Website and its Content. If you enter a bogus email address we have the right to immediately inactivate your account.
We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
You may unsubscribe to our e-newsletters or updates at any time through the unsubscribe link at the footer of all e-mail communications.
We manage e-mail lists through a list management system. Unsubscribing from one list managed by us will not necessarily remove you from all publication email lists. If you have questions or are experiencing problems unsubscribing, please contact us at firstname.lastname@example.org.
We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.
Children’s Online Privacy Protection Act Compliance
We do not collect any information from anyone under 13 years of age in compliance with COPPA (Children’s Online Privacy Protection Act), and our Website and its Content is directed to individuals who are at least 13 years old or older.
Anonymous Data Collection and Use
To maintain our Website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially “traffic data” which cannot personally identify you, but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user’s activities on any other Websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.
Use of “Cookies”
We may use the standard “cookies” feature of major web browsers. We do not set any personally identifiable information in cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Website or its Content.
Use of Google Analytics
We use Google Analytics on our website. By using this site, you are subject to the terms set out by Google, which, as of April 3, 2017 can be found at the following address https://www.google.com/policies/privacy/partners/. By using this website, you consent to the storing and accessing of cookies or other information on your device where such activity occurs in connection with Google Analytics.
Privacy Policies of Other Websites
We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its Content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Confidential Information and Other Information.
Assignment of Rights
Notification of Changes
Last Updated: April 2017