ASHLEY GARTLAND COACHING LLC

TERMS OF USE

This Terms of Use Agreement (“Terms of Use”) is between Ashley Gartland Coaching LLC (“AGC”, “we”, “us”, “our”) and the User (“user”, “you”, “your”). These Terms of Use applies to our websites available at: 1) http://www.ashleymgartland.com/; and, 2) any other website or mobile application to which these Terms of Use are attached (collectively the “Sites”). By using the Sites, you agree to be bound by these Terms of Use and to use the Sites in accordance with these Terms of Use, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Sites or to products and services available through the Sites or from AGC. Accessing the Sites, in any manner, whether automated or otherwise, constitutes use of the Sites and your agreement to be bound by these Terms of Use.

 

Intellectual Property Rights

Limited License

This Sites and all the materials available on the Sites are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. The Sites are provided solely for your personal noncommercial use. You may not use the Sites or the materials available on the Sites in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute in any manner or medium (including by email or other electronic means) any material from the Sites. You may, however, from time to time, download and/or print one copy of individual pages of the Sites for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Submitted Material

By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Sites, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to AGC from their creation. Thus, AGC shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as AGC determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to AGC all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that AGC has the right but not the obligation to use and display any postings or contributions of any kind and that AGC may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

The Digital Millennium Copyright Act

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 the U.S. copyright law. If you believe in good faith that materials hosted by AGC infringe your copyright, you, or your agent may send to AGC a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon AGC actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to AGC a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notice of claims of copyright infringement or counter notices may be sent to ashley@ashleymgartland.com.

 

Links to the Sites

You may establish a hypertext link to the Sites so long as the link does not state or imply any sponsorship of your website by us or by the Sites. However, you may not, without our prior written permission, frame or inline link any of the content of the Sites, or incorporate into another website or other service any of our material, content or intellectual property.

 

Disclaimers

Throughout the Sites, we may provide links and pointers to websites maintained by third parties. Our linking to such third-party websites does not imply an endorsement or sponsorship of such websites, or the information, products or services offered on or through the websites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Sites or on websites linked to by us on the Sites.

All information provided through the Sites, whether presented in a blog or other medium, is for informational purposes only and designed for your general education when using the Sites. It is not, nor is it intended to be, professional medical, mental health or coaching advice, or a substitute for the same. Engagement with the materials on the Sites does not create a coach-client relationship. You should always seek the advice of your physician, mental health provider or other qualified health provider with any questions you may have regarding a medical or mental health condition. You should never disregard professional medical or mental health advice, or delay seeking it, because of something you or any other user has read on the Sites.

Self-help information and information from the internet is useful, but it is not a substitute for professional advice. You should always seek the advice of your physician or mental health professional before taking any action in response to any information on the Sites. Any action on your part in response to the information provided in the Sites is at your own risk. You should consult your own physician or care provider concerning the information on the Sites.

IF YOU ARE IN NEED OF HELP, OR ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 OR CONTACT A PHYSICIAN OR MENTAL HEALTH PROFESSIONAL. If you believe you have any other physical or mental health problem, or if you have any questions regarding your physical or mental health or a medical condition, you should promptly consult your physician or mental health professional or other healthcare provider.

 

Limitation of Liability

In no event shall AGC, its contributors, authors or advisors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits or damages resulting from lost data or business interruption) resulting from the use of or inability to use the AGC Sites, its content, or the use of any product, information, idea, service or instruction contained in the information provided on the Sites, whether based on warranty, contract, tort or any other legal theory, and whether or not AGC, its contributors, authors, advisors, members and affiliate organizations are advised of the possibility of such damages.

 

Assignment

These Terms of Use shall be binding upon and inure to the benefit of AGC and our respective assigns, successors, heirs and legal representatives. Neither these Terms of Use nor any rights hereunder may be assigned without the prior written consent of AGC. Notwithstanding the foregoing, all rights and obligations under these Terms of Use may be freely assigned by AGC to any affiliated entity or any of its wholly owned subsidiaries.

 

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Oregon and any dispute shall be subject to binding arbitration in Portland, OR. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

Changes in Our Terms of Use

AGC reserves the right to make changes to these Terms of Use at any time and for any reason without prior notice. Any changes to these Terms of Use will be posted on this page so that you are always aware of our current Terms of Use. We may also contact you by email with changes. Additionally, we will update the “last updated” date below.

 

Contacting AGC

Please email any questions or concerns regarding these Terms of Use to ashley@ashleymgartland.com. While we may not be able to respond to every report, we take each report seriously and will investigate it thoroughly.

 

Last Updated: August 18, 2015