Please read these Terms and Conditions carefully before using this Website, www.mariannegernetzke.com. Use of this website indicates your acceptance of these terms. If you do not accept these terms, do NOT use this website.
The Website and its Content is owned by Marianne Gernetzke Coaching LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of www.MarianneGernetzke.com (“Website”). These Terms and Conditions (“T&C”) govern your use of this Website. The Company authorizes you to view and access the Website strictly in accordance with and subject to these T&C and its Privacy Policy. For the purposes of these T&C, “Content” is defined as the entire content and materials accessible through the Website, including, without limitation, materials, information, artwork, graphics, images, text, software, and data. Your use of the Website constitutes your agreement to all these T&C and to the Privacy Policy. Except as expressly permitted under any agreement with the Company under which you receive explicit written permission to do so, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, distribute, display, perform or otherwise use the Content for any public or commercial purpose, in any form or by any means, including, without limitation, electronic (including without limitation screen scraping), mechanical, photocopying, recording or copying by any other method, without the permission of the Company or the copyright owner of the Content. For purposes of these T&C, any use of the Content on any other web site or networked computer environment for any purpose is prohibited. You are not permitted to decompile, reverse engineer, modify or prepare derivative works of the Content. You acknowledge and agree that you are fully capable and authorized to enter into this binding agreement on behalf of yourself and any organization on whose behalf you may act.
If you do not agree with the terms of these T&C or the Privacy Policy, you may not use the Website. If you breach any of these T&C, your authorization to use the Website automatically terminates and you must immediately destroy any downloaded or printed Content.
Website Use and Consent
If you have purchased a service, program, product or subscription or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which such other terms shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.
By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these T&C. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C.
Modification of These Terms and Content
The Company reserves the right to change these T&C on the Website at any time, so please refer periodically to the T&C posted on the Website. If our T&C change at any time, we will update the date at the top of the T&C and notify users who have registered to use the Website.
Links to Third Party Websites
The Website may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the content of any Linked Website, including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is not responsible for webcasting or any other form of transmission received from any Linked Website. The Company provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its sponsor or operator.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these T&C. You may not damage, interrupt, disable, overburden, or impair the Website or interfere with any other party’s use or enjoyment of the Website. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Website.
By way of example and not limitation, you agree that, when visiting or using the Website, you will: (a) not defame, abuse, harass, stalk, or threaten any person or party or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) not submit any illegal, offensive, abusive, obscene, vulgar, slanderous, defamatory, hateful, threatening, sexually-oriented, pornographic, misleading, fraudulent, otherwise objectionable material of any kind or any other material that may violate any applicable laws or violate or infringe any third party rights or violate any confidentiality obligations; (c) attempt to harvest or otherwise collect information about others, including e-mail addresses, without their consent (and the Company’s consent); (d) comply with all of the Company’s requirements, procedures, policies regarding visitation and use of the Website and all applicable laws and regulations; (e) not to upload, email, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment; and (f) not use the Website or its Content for any fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity.
The Company reserves the right to limit or terminate your access to the Website at any time without notice for any reason whatsoever in addition to all other rights and remedies.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion and in accordance with the Company’s Privacy Policy.
Intellectual Property
This Website and its Content is property owned by us and/our affiliates, unless otherwise noted.
A. Copyright: Unless otherwise indicated, all Content on the Website is copyright protected by United States law and international treaties and the copyright is held by the Company or the original creator of the Content. The Company also claims copyright in the look and feel attributes of the Website, as well as the selection, coordination, and arrangement of the Content. You have no right to copy Content from the Services, including downloading or printing or to distribute the materials in any way, including transmitting them in electronic form, etc. Permission to use the materials other than as authorized hereunder must be granted in writing prior to the use.
B. Trademarks and Service Marks: Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this Website are the property of the Company. These marks may only be used with written consent from the Company.
C. Other Intellectual Property Rights: The Website and any goods sold on the Website may be protected by other forms of intellectual property or proprietary rights, such as patent and trade secret law. The Company reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of the law.
Your License to Us
By posting or submitting any material on or through our Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, consent to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You may, however, at any time, ask us to delete this information. Your rights regarding this personal information can be found in our Privacy Policy.
You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.
Liability Disclaimer
You agree to use the Website strictly at your own risk and that you are solely responsible for the content of your communications, whether uploaded, emailed or otherwise transmitted.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” “WHERE IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. THE COMPANY FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE CONTENT OR THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. THE CONTENT MAY BE OUT OF DATE, AND THE COMPANY MAKES NO COMMITMENT TO UPDATE THE CONTENT AT THIS WEBSITE OR TO MAKE ANY NOTIFICATION OF CHANGES. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER WITH RESPECT TO THE WEBSITE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF ANY USE OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE T&C, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Personal Responsibility and Assumption of Risk
As a user of the Website, you agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.
Indemnification, Limitation of Liability and Release of Claims
Indemnification. By using this Website, you agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, members, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.
Limitation of Liability. Unless otherwise limited by law, we will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility, unless otherwise provided by law.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
DMCA and Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send the Company a notice requesting that we remove the material or block access to it. Notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to Marianne Gernetzke Coaching, LLC
Address: ______________________________
Direct: +1.___________________
We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA.
Export Compliance
The Website and other Content made accessible under these T&C may be subject to United States export control laws and regulations and may also be subject to the laws of the country where you reside. You agree not to transfer or otherwise export any such Content from the Website in violation of such laws, including, without limitation, to third parties who are residents or nationals of countries subject to United States embargo or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Person’s List. You agree to comply with all relevant export laws and regulations, including those of the United States and any other applicable jurisdiction to assure that the Website, Content or anything related to the Website is not exported, directly or indirectly, in violation of any applicable law or regulation, including all U.S. export control laws and regulations.
Your Conduct
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Online Commerce
Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Please review our Privacy Policy for how we comply with securing your personal data.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
Law and Jurisdiction
The Website was created and is controlled by the Company in the State of Wisconsin, USA. Thus, to the maximum extent permitted by applicable law, these T&C are governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard to its conflict of laws principles or rules of construction concerning the draftsman hereof. Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterward, between the parties hereto, their assignees, affiliates, attorneys, or agents, shall be litigated solely in state court in Dane County, Wisconsin or the United States District Court for the Western District of Wisconsin each in the United States of America. Each Party (1) submits to the jurisdiction of such court, and (2) waives the defense of an inconvenient forum. The application of the U.N. Convention on Contracts for the International Sale of Goods (CISG) is hereby expressly excluded. You also agree to comply with all laws from the country in which you reside that are applicable to the transmission of data on the Internet, including, but not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
Severability
If any part of these T&C are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severable from these T&C and will not affect the validity and enforceability of any remaining provisions and the remainder of the T&C shall continue in effect.
General
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. the Company’s performance under these T&C is subject to existing laws and legal process, and nothing contained in these T&C is in derogation of the Company’s right to comply with governmental, court or law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. Unless otherwise specified herein, these T&C constitute the entire agreement between the user and the Company with respect to the Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of these T&C and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these T&C to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions about these T&C, please contact us at marianne@mariannegernetzke.com.
Last Updated: May 2021