Terms of Use

ByDesign Coaching & Training
6965 El Camino Real Suite 105-620
Carlsbad, CA 92009
laura@bydesigncoachingcenter.com

Effective Date: October 19, 2021

This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, diywebsite.co. By using our website, you agree to fully comply with and be bound by the following Agreement each time you use our website.

Please review the following terms carefully, we keep it as simple as possible.

Definitions:

The terms “us”, “we”, and “our” refers to ByDesign Coaching & Training, the owner of this website. All text, information, graphics, design, and data offered through our website are collectively known as our “Content”.

Acceptance of Agreements

This Agreement is between you and ByDesign Coaching & Training.

Browsing, accessing, or anything else you do on this website constitutes acceptance of this Agreement. If you don’t agree, please exit the website now.

Except as otherwise noted, this Agreement is the entire and only Agreement between you and us and supersedes all others.

Our Privacy Policy is considered part of this Agreement. We recommend reading it. Here’s the link:

Intellectual Property

ByDesign Coaching & Training grants you a nonexclusive, nontransferable, revocable license to access and use our website strictly in accordance with this Agreement.

Our website may have service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. You can’t use these without our written permission. Our website is protected under United States and foreign copyrights. You cannot copy, redistribute, use, or publish any of our Content.

Not Advice or a Guarantee

You hereby acknowledge that nothing contained in our Content will constitute financial, investment, legal, and/or other professional advice. We are self-taught entrepreneurs, no finance or legal degrees here. Nothing on our website constitutes a guarantee. We are not responsible for the results of using our website. Ugly and/or non-functioning websites are not our fault.

The Content on our website is “as-is” with “all-faults” and all express or implied warranties are disclaimed. Our Content may have errors.

Arbitration & Jurisdiction

Any legal controversy or claim arising from this Agreement will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Eugene, OR, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

This Agreement will be treated as if it were executed and performed in Carlsbad, CA and will be governed by and construed in accordance with the laws of the state of California without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Websites must be instituted within one (1) year after the cause of action arose or be forever waived and barred. 

Limitation of Liability

ByDesign Coaching & Training and our directors, employees, and agents are not liable to you or any third person or any indirect, consequential, exemplary, incidental, special, or punitive damages including any lost profits or lost date that arise from your use of our website or related softwares (even if we are aware or have been advised of the possibility of such damages). ByDesign Coaching & Training’s liability to you for any cause and regardless of the form of action will always be limited to the amount paid by you for access to our website.

Our Content may from time to time contain links to third-party websites. Inclusion of links for any website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. You access any third-party websites at your own risk.

Payments & Refunds

Due to the nature of the digital goods we sell, all sales are final and non-refundable.

You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

Termination, Indemnification, Severability & Changes

Copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our website.

Should any part of this Agreement be held unenforceable, the remaining portions will remain in full force and effect. If we fail to enforce any provision of the Agreement, that will not be deemed a waiver of that provision. Our rights under this Agreement will survive termination of this Agreement.

We reserve the right to change these Terms and Conditions at any time. These changes will become effective 30 days after receipt of the notice to you via email and being posted on our Websites. Your continued use of our Websites after any change to these Terms and Conditions will constitute your acceptance of such change.