WEBSITE TERMS OF SERVICE FOR TRACY WALLACH & ASSOCIATES

LAST UPDATE: 11/9/2022

This is the Terms of Service for Tracy Wallach & Associates (“Company”, “our”, “we”, “us”, whether capitalized or lowercase).  These Terms of Service describe the terms and conditions applicable to your (“you”, “your”, whether capitalized or lowercase) access and use of any of our websites, portals, mobile applications, email correspondence, and any of our social media channels (collectively, our “Platforms”), or the use and/or purchase of any of our services, classes or events, video training, tools or products (collectively, our “Products or Services”).  

The purchase of any of our Products or Services may also be governed by separate agreements which will be provided to you at the time of purchase, whether by us or a third party assisting us with the fulfillment of our Products or Services.

We may amend these Terms of Service at any time by posting the amended Terms of Service on this website.  All amended terms and conditions will be automatically effective after they are posted on the website. 

We may change or discontinue any aspect, service or feature of the Platforms at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.

You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of our Platforms and all charges related to the same.

B. INTELLECTUAL PROPERTY RIGHTS AND LICENSES

1. Company Intellectual Property.  The content in our Platforms and Products or Services is the sole and exclusive property of Company and is protected by intellectual property rights.  The following (whether in plain text or graphic/design form) are the trademarks and service marks of Company:  Tracy Wallach & Associates and our spiral logo.

All content and information contained on our Platforms and in our Products or Services are the copyrighted property of Company, including but not limited to any YouTube videos, courses, or programs whether or not publicly accessible or only via private link.  Collectively, all of the foregoing and the intellectual property rights of Company in and to the Platforms and Products or Services (including but not limited to patents, trademarks, service marks, trade secrets, copyrights or other proprietary rights anywhere in the world) is the “Company IP.”  You may not use, copy, modify, perform, display, create derivative versions of, extract, or otherwise exploit Company IP except as expressly set forth in these Terms of Service.

Any trademarks or service marks of third parties referenced on any of our Platforms are the property of such third party.  No claim of rights to such third party trademarks or service marks is made by us.

By using any of our Platforms or licensing, purchasing or using any of our Products or Services, you acknowledge and agree that you are bound by these Terms of Service, and our Privacy Policy, which is incorporated herein by reference.  If you do not agree with these Terms of Service, then do not use our Platforms or license, purchase or use any of the Products or Services. 

A.  INFORMATIONAL PURPOSES ONLY.  NO INDIVIDUAL RELATIONSHIP.

No individual business relationship is formed between you and Company as a result of viewing or using our Platforms, licensing, purchasing or using any of our Products or Services, or submitting a contact request or email.  In order for any individual professional relationship to be formed, you would need to enter into a separate written engagement agreement with Company, wherein both you and Company agree to the scope of the representation.  Our Platforms and Products or Services are not guaranteed to be accurate, complete, reliable, current or error-free.  Where testimonials, case studies or representative results are included from purchasers of our Products or Services, results achieved do not guarantee similar outcomes for others.  All of the information provided on our Platforms and in our Products or Services (including the digital content, whether available for purchase or not) are resources for educational and informational purposes only and should not be relied on as individual advice.

2. Permitted Uses of the Products or Services and Other Company IP.  If you have licensed or purchased any Products or Services, whether directly through on of our Platforms or through a third party assisting us with fulfillment of our Products or Services, Company hereby grants you a limited (subject to termination for breach of this license), non-transferable, non-sublicensable, non-assignable license for non-commercial, personal use only to: 

(a) access and browse the relevant Product(s) or Service(s); 

(b) view any video training that is included with the relevant Product or Service; and

(c) view any content contained on the Platforms. 

3. Excluded Uses of the Products or Services and Other Company IP.  EXCEPT AS EXPRESSLY SET FORTH IN PARAGRAPH B.2 ABOVE, you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Platforms, Products or Services or Company IP, in whole or in part, without our prior written consent. By way of clarification but not limitation, you may not:

(a) include such content in or with any product or service that you create or distribute;

(b) modify, create a derivative version of, translate, copy, record, duplicate, reproduce, rent, sell, resell, or use or otherwise exploit for any commercial purposes, any portion of our Platforms and Products or Services;

(c) provide to a third party, whether for free or for a fee, access to any video training, membership portals or private groups that are part of our Platforms or Products or Services;

(d) provide to a third party for free copies of the customizable templates contained in the Products or Services for use by the third party in their business;

(e) use a deep link to any page on our Platforms or Products or Services that is not the home/primary page, or frame containing any portion of our Platforms or Products or Services;

(f) copy or include the content from our Platforms and/or Products or Services in your or any other website or publication; or

(g) encourage or instruct, directly or indirectly, any other person to do the same.

Use of Company IP without our express permission, or except as expressly set forth in this Terms of Service, is an infringement of our intellectual property rights, and we reserve the right to take all actions at law or in equity necessary to protect any such misuse or infringement.

C. ACCESS TO, AND USE OF, OUR PLATFORMS AND PRODUCTS OR SERVICES

  1.  Products or Services.  We have used commercially reasonable efforts to provide accurate descriptions of our Products or Services, however, we cannot guarantee that a Product or Service is suitable for your needs, or is error-free.  We will use commercially reasonable efforts to correct errors in content or pricing as we become aware of them.  We reserve the right to not honor any significant pricing errors for our Products or Services.
     

  2. Payments; Refund Policy.  You acknowledge and agree that you will make full payments to Company for all purchased or licensed Product(s) or Service(s).  If you select an installment method, you authorize Company to automatically charge the credit card on file for any and all payment balances due, and you agree to keep this information current and up-to-date with Company. If any payment is insufficient or declined for any reason, we may revoke your access to the Products or Services, without refund.  
     

  3. Feedback.  You acknowledge and agree that to the extent that you provide any comments, questions, survey responses, discussions, ideas, suggestions or other feedback to Company either pertaining to or through our Platforms and Products or Services (collectively, the “Feedback”), such Feedback shall automatically become the property of Company, and may be used by Company in perpetuity without compensation to you of any kind.
     

  4. Prohibited Behavior.  When using our Platforms, you agree not to upload, post or otherwise transmit any content that:

(a) violates any law or advocates for dangerous or illegal activities, poses a threat to others, or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; 

(b) you know to be false, misleading or inaccurate;

(c) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene, lewd, or is offensive content, hate speech, abusive, vulgar or profane.

(d) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right; 

(e) would be considered junk mail, spam or any other form of solicitation;

(f) contains images or names of indivuals unless you have the written consent from such persons to do so; and/or

(g) contains a virus, trojan horse or other harmful element, or which could interfere with or disrupt our Platforms, servers or networks.

We may, but do not have the obligation to, monitor any information you upload to the Platforms, and we may cooperate with law enforcement with regards to any information you upload. 

D. VIOLATION OF LAWS, RULES AND REGULATIONS

You acknowledge and agree that our Platforms and Products or Services are designed for individuals who are eighteen (18) years or older, and who have the legal authority to enter into these Terms of Service.  You agree to use the Platforms and Products or Services for lawful purposes only, and you will take no actions which infringe our intellectual property rights, or the rights of any third parties.  If you violate the terms of the Terms of Service, slander, libel, defame or otherwise harm the reputation and goodwill of Company, or take any actions which could subject Company to civil or criminal liability, Company reserves the right to immediately remove your access to our Platforms and Products or Services, without refund.  In addition, Company reserves the right to seek all other remedies available at law and in equity for violations of the rules and regulations set forth on our Platforms, including violating these Terms of Service. 

E. THIRD PARTY CONTENT; INBOUND AND OUTBOUND LINKED INTERNET SITES
 

  1. Third Party Content.  We may distributor content supplied by third parties and users.  Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Platforms, are those of the respective author(s) or distributor(s) and not of Company.   Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Platforms by any third party.
     

  2. LINKS. THERE ARE LINKS IN ON OUR PLATFORMS WHICH LET YOU LEAVE THE PLATFORMS, AND THIRD PARTIES MAY HAVE LINKS TO OUR PLATFORMS.  THE LINKED SITES, WHETHER INBOUND OR OUTBOUND, ARE NOT UNDER THE CONTROL OF COMPANY, AND THE CONTENT AVAILABLE ON THE INTERNET SITES LINKED TO OUR PLATFORMS DO NOT NECESSARILY REFLECT THE OPINION OF COMPANY.  COMPANY IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO OUR PLATFORMS IS AT YOUR OWN RISK.  COMPANY ASSUMES NO RESPONSIBILITY FOR, OR ANY OBLIGATION TO MONITOR, THE CONTENT OF SUCH LINKED INTERNET SITES.  THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY COMPANY OF THE LINKED SITE.  COMPANY EXPRESSLY DISCLAIMS ANY AND ALL GUARANTEES, REPRESENTATIONS AND WARRANTIES PERTAINING TO THE CONTENT, ACCURACY, VALUE, COMPLETENESS, OR QUALITY OF ANY INFORMATION, MATERIALS OR PRODUCTS OR SERVICES ON SUCH LINKED SITES.

F. NO WARRANTIES; RESULTS NOT GUARANTEED
 

  1. Disclaimer of Warranties.  ALL CONTENT, INFORMATION, PRODUCTS OR SERVICES AND SERVICES ON OUR PLATFORMS AND IN OUR PRODUCTS OR SERVICES ARE PROVIDED TO YOU FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, AND ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OR SERVICES AVAILABLE THROUGH OUR PLATFORMS OR PRODUCTS OR SERVICES, OR REGARDING THE TIMELINESS OF TRANSMISSION OF INFORMATION BETWEEN ANY USERS OF THIS WEBSITE, OR BETWEEN USERS AND COMPANY.  VERIFYING THE ACCURACY OF, OR THE USE OR RELIANCE ON, ANY OF THE INFORMATION CONTAINED IN ON OUR PLATFORMS AND PRODUCTS OR SERVICES IS THE SOLE RESPONSIBILITY OF YOU AS USER OF THE PLATFORMS AND PRODUCTS OR SERVICES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF OUR PRODUCTS OR SERVICES AND PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT AND PRODUCTS OR SERVICES YOU MAY OBTAIN FROM OUR PLATFORMS IS FREE OF VIRUSES.
     

  2. Results Not Guaranteed.  We may share the successful results users of Company and our Platforms, and customers of the Products or Services. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results of any kind. By accessing the Platforms and Products or Services, you acknowledge and agree that you are solely responsible for your own actions that you may take by participating in the Platforms or using our Products or Services. We do not guarantee that you will get any results using any content on our Platforms, and nothing in our Platforms and Products or Services is a guarantee or warranty of any results.
     

  3. Testimonials.  Our Platforms and Products or Services may contain or refer to testimonials, reviews, case studies or other feedback from others about our Platforms and Products or Services.  The results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by using the information and materials in our Platforms and Products or Services.

G. DISCLAIMER 

YOU ALONE ARE RESPONSIBLE AND ACCOUNTABLE FOR YOUR DECISIONS, ACTIONS AND RESULTS IN LIFE, AND BY YOUR ENGAGEMENT WITH COMPANY YOU AGREE NOT TO ATTEMPT TO HOLD US LIABLE FOR YOUR DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCE.

H. LIMITATION OF LIABILITY; INDEMNIFICATION

YOU ALONE ARE RESPONSIBLE AND ACCOUNTABLE FOR YOUR DECISIONS, ACTIONS AND RESULTS IN LIFE, AND BY YOUR ENGAGEMENT WITH COMPANY YOU AGREE NOT TO ATTEMPT TO HOLD US LIABLE FOR YOUR DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCE.

  1. LIMITATION OF LIABILITY.  COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OUR PLATFORMS AND PRODUCTS OR SERVICES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OR SERVICES OBTAINED THROUGH USE OF OUR PLATFORMS OR PRODUCTS OR SERVICES, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER OR BETWEEN USERS, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO OUR PLATFORMS OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO OUR PLATFORMS, PRODUCTS OR SERVICES OR RELATED INFORMATION.
     

  2. Indemnification.  You agree to defend, indemnify and hold harmless Company, and any of our affiliates and respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Platforms. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section H.2. In such event, you shall provide us with such cooperation as is reasonably requested by us.

I. EMAIL AND ELECTRONIC TRANSMISSION OF INFORMATION

You understand that the Internet is public and that e-mail communications and electronic transmission of information between you and Company, or between you and any other user via our Platforms are subject to the risk of being viewed by other parties.  Accordingly, you agree not to transmit confidential or proprietary information relating to you or your business to Company or to other users via e-mail.

J. GOVERNING LAW AND GENERAL PROVISIONS

You understand that the Internet is public and that e-mail communications and electronic transmission of information between you and Company, or between you and any other user via our Platforms are subject to the risk of being viewed by other parties.  Accordingly, you agree not to transmit confidential or proprietary information relating to you or your business to Company or to other users via e-mail.

 

  1. Location of Operations.  This Website is operated from the Commonwealth of Massachusetts within the United States of America. Company makes no representation that the information in the Platforms or Products or Services is appropriate or available for use in other locations, and access to the Platforms and Products or Services from territories where the contents of the Platforms or Products or Services may be illegal is prohibited.  Those who choose to access the Platforms and Products or Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.  
     

  2. Disputes, Arbitration.  If there is any dispute between you and Company, you acknowledge and agree that we shall first attempt to resolve the dispute between us.  If the dispute is not resolved within thirty (30) calendar days, you agree to resolve the dispute through binding arbitration located in the Commonwealth of Massachusetts, pursuant to the rules of the American Arbitration Association.  The judgment for the award determined by the arbitrator may be entered in any court having jurisdiction.  Costs of arbitration, including attorney fees, will be determined by the arbitrator.  Notwithstanding the foregoing, in the event that you breach, or threaten to breach, Sections B, C or D of these Terms of Service, Company shall have the right to immediate relief in a court of law or equity (including by ex parte methods, and including the award of our reasonable attorneys’ fees, costs and expenses) without the necessity for posting bond and without first resorting to arbitration.    
     

  3. Governing Law.  Any claims relating to the Platforms and Products or Services will be governed by the laws of the Commonwealth of Massachusetts excluding the application of its conflicts of law rules.  You irrevocably consent to jurisdiction and venue in the State of Commonwealth of Massachusetts.
     

  4. Severability.  If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 
     

  5. No Waiver.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  
     

  6. Entire Agreement.  These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof.   Notwithstanding the foregoing, Company may post supplemental terms and conditions regarding privacy and user information on this Website, which shall become binding upon automatically users if and when such additional terms and conditions are posted.
     

  7. Assignment.  You may not assign, license, sublicense, transfer or otherwise convey these Terms of Services and/or your rights to use the Platforms or Products or Services to any third party without the prior written consent of Company, which may be withheld in our sole and absolute discretion.  Any attempted assignment, license, transfer or conveyance is void and not enforceable.  Notwithstanding the foregoing, Company may assign, license, sublicense, transfer or convey its rights and obligations to the Platforms, Products or Services and under these Terms of Service to any party at any time without notice to you.
     

  8. Independent Nature.  You acknowledge and agree that there is no partnership, joint venture, employment, contractor agency relationship between you and Company as a result of you using the Platforms or purchasing the Products or Services.  
     

  9. Changes to Terms of Service.  We may change these Terms of Service from time to time, without prior notice. If we make changes, we will notify you by revising the date at the top of this Terms of Service.   We encourage you to review the Terms of Service whenever you interact with us to stay informed.  Your continued use of the Platforms or Products or Services after the revised Terms of Service has become effective indicates that you have read, understood and agreed to the current version of the Terms of Service.

K. CONTACT US

You may contact us via email at info@tracywallach.com with any questions or comments about the Terms of Service.  We typically respond to emails only during regular business hours Monday through Friday, and we will use commercially reasonable efforts to respond as promptly as possible during such time.