Terms of Service
Updated: July 9, 2020
Terms of Service
Thank you for your interest in, and for taking the time to visit our website, www.carinaschmid.com (“Company” “us” “our” or “we”). The purpose of this website (the “website” or the “Site”) is to include helpful information related to Mindful Communication.
You should be aware that this Site is owned and operated by Carina Schmid, LLC, LLC, a New York Limited Liability Company (the “Company”).
IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND MAKE SURE YOU UNDERSTAND THIS AGREEMENT BEFORE ACCESSING, USING, SUBSCRIBING OR PLACING AN ORDER ON WWW.CARINASCHMID.COM. THIS AGREEMENT CONTAINS A DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. YOU MAY NOT USE OR ACCESS OUR SITE IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
General Disclaimer. The content on this website is provided for informational purposes only. Although we have made every effort to ensure the accuracy of all information posted to this Website, we can make no guarantees as to how the information and advice provided herein will affect you and your personal situation. If you need or require individual advice or guidance, then you should consult with a professional who can assist you. You should not rely on the information in this website as a basis for any legal, tax, medical, business or any other decisions. Any reliance you place on the material in this website in making any such decisions is strictly at your own risk.
Use of Testimonials. Throughout the Site are testimonials and reviews from past clients and customers of www.carinaschmid.com. These testimonials may be received via text (including email), audio or video submission. They are individual experiences and therefore reflect the real-life experiences of individuals who have used our products and/or services. Your experience on our Site may not be the same as what is described in any particular review, testimonial or endorsement. The reviews and testimonials are only one person’s experience with our Site and should in no way be construed as a guarantee, promise, or reflection of the feelings of every user. Carina Schmid, LLC cannot and does not guarantee any particular result. The testimonials displayed (whether by text, audio, and/or video) are provided verbatim except for the correction of simple grammatical or typing errors. Some have been shortened as we feel is appropriate, and the entire message provided is not displayed. We only shorten a testimonial when it is lengthy, or if the entire testimonial is not relevant for the general public. We do NOT provide any compensation for testimonials.
Educational Purposes Only. This website is created for educational purposes only and does not provide any professional advice of any kind. Professional advice can only be given with a full understanding of a client’s unique personal situation, and typically can only be given with a license. Accordingly, any recommendations, advice, or information provided on this website should be viewed within the context of general information and education. If you require additional advice or guidance, we recommend you seek out the assistance of a professional in your local area.
Permitted Uses. This site is intended for your personal, non-commercial use only. You may download or print out the information in this site, subject to restrictions outlined below and elsewhere provided for in these Terms and Conditions.
Impermissible Uses. If you would like to do any of the following with any content on our Site, you must have our express written consent:
- Use our content for any and all commercial purposes, including selling or licensing printed or digital versions of our content, including posts, articles, videos, podcasts, etc.
- Create a “derivative work” as defined by the United States Copyright Act.
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on this website, unless said content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution;
- From time to time, we may utilize various plugins, widgets, or other software that will allow sharing of content via social media, email or other methods. Use of these tools does not constitute any waiver of our intellectual property rights. Use of these tools is a limited license to republish the content of our website on approved social media channels, so long as you do not alter the content, including images, and give full credit to Carina Schmid, LLC;
- You shall not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without our express written permission;
- You shall not use the Website to transmit or send any unsolicited commercial communications;
- You must not use the Website for any third-party marketing without our express written permission or consent;
- Although we would like to, we do not permit the re-posting of our posts or articles in their entirety. This is because Google and other search engines may penalize our website for publishing duplicative content. Google often can’t tell which site hosts the original, so we risk getting penalized if we grant this permission;
- Finally, we cannot allow the translation and/or publication of our work in a language other than English.
Copyright. The design, content, images, and all other components of the Site are copyrights owned by Carina Schmid, LLC or other third parties. Accordingly, they are protected by the United States and international copyright laws. You may not use or republish any information, content, images or other related data from this website without our express written permission. © 2020 Carina Schmid, LLC. All rights are reserved.
User generated content and Related Rules. By using and posting to our Site, you grant us a license to use the materials you post. This means that when you submit or post text, blog posts, comments, articles, drawings, photographs, videos, graphics, or other information, in any form or medium, to our Site (“User Generated Content”), you are granting our Company and its affiliates, officers, directors, employees, consultants, agents, and representatives a perpetual, irrevocable, and fully-paid license to use, display, or publish the User Generated Content on the Website or any other online or offline platform, to store and distribute the User Generated Content, and to use said content for promotional and marketing purposes as we, in our sole discretion, should choose. We reserve the right to edit, modify, or create derivative works from the User Generated Content. You shall have no rights to said content. Under no circumstances will you be compensated for any User Generated Content. You agree that we may publish or otherwise disclose your name in connection with your User Generated Content. By posting User Generated Content on our Site, you warrant and represent that you own the rights to the User Generated Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Generated Content.
All User Generated Content is the sole responsibility of the person who provided it. We reserve the right to, in our sole discretion, remove, move, block, edit, or refuse any User Generated Content for any reason. Opinions or other statements expressed in User Generated Content are not necessarily the opinions of our Company or Brand.
THE COMPANY IS NOT RESPONSIBLE FOR USER GENERATED CONTENT
You agree and understand that you may be held legally responsible for damages suffered by other Website Users or third-parties as the result of your remarks, information, feedback or other content posted or made available on the Site that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, the Company is not legally responsible for, nor can it be held liable for damages of any kind arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Site.
Limitation of Liability. IN NO EVENT SHALL THE COMPANY, OUR MEMBERS, DIRECTORS, OFFICERS, MANAGERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, THIRD PARTY LICENSORS, AFFILIATES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “WEBSITE PARTIES”) BE LIABLE TO YOU FOR YOUR ACCESSING THIS SITE. THE WEBSITE PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED, WHETHER OR NOT THE COMPANY OR ANY OF THE WEBSITE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WEBSITE PARTIES COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE WEBSITE.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE WEBSITE PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
No Warranties. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND MAKES THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR RELATED SERVICES. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. FURTHERMORE, COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Errors and Omissions Disclaimer. While we have made every effort to ensure that the information and advice given on this website has been obtained from reliable sources, Carina Schmid, LLC is not responsible for any errors or omissions in our content. All information provided on this Site is “as is” with no express or implied guarantees of completeness, accuracy, timeliness, or of any particular result obtained from the consumption and use of this information. This Site is used without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, or fitness for a particular purpose. In no event will Carina Schmid, LLC, or anyone or any business associated with the Site, be liable to you the reader or anyone else for any decision made or action taken in reliance on the information provided on this Site, or for any consequential, special or similar damages, regardless of whether you have been advised about the possibility of any such damages.
Health Disclaimer. Please read this disclaimer in full before acting on any of the information or guidance in this website. Regular exercise and physical activity is not without its risks, even for individuals that would be otherwise be considered “healthy”. This is also true of certain diets. There are diet recommendations that might be healthy for many people but potentially dangerous to others. You are solely responsible for your own health and safety at all times. Before acting on any information contained in this website, we recommend that you be seen by a qualified medical professional to discuss your proposed activity and diet changes and make sure that those changes are safe and healthy for your individual situation. Furthermore, you acknowledge and agree that if you harm yourself as a result of acting on the information in this website, that you will not hold Carina Schmid, LLC or anyone associated with Carina Schmid, LLC responsible for your actions. You acknowledge and agree that your use of the information and advice on this website is completely and strictly at your own risk.
Medical Disclaimer. The information contained in this website is not medical advice. It is intended for informational purposes only and should not be construed as a substitute for professional medical advice, diagnosis, or treatment. Do NOT ignore professional medical advice or fail to seek treatment because of something you have seen or read on the internet, including this website. If you believe you have a medical emergency, you should immediately call 911, your doctor or head to the closest emergency room.
Claims shall be heard by a single arbitrator. The place of arbitration shall be Brooklyn, New York. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrator(s) may award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. „Costs and fees“ mean all reasonable pre-award expenses of the arbitration, including the arbitrators‘ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys‘ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Severability; Waiver. If any term of this Agreement is
to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
Notices. This website is owned and operated by Carina Schmid, LLC. If you have a notice of a copyright infringement claim, please follow the procedures listed on our DMCA Takedown page. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org or sent to our mailing address listed below:
Carina Schmid, LLC
382 Prospect Place #1
Brooklyn, New York 11238
Amendments. We reserve the right to amend these terms at any time. We encourage you to check this page frequently to review updates and changes. Should a court of competent jurisdiction rule this amendment provision invalid, then this contract shall revert to the previous set of terms applicable to the website. Amendments are forward-looking only.