Terms & Conditions
BY VISITING EBSANDERS.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS
OVERVIEW
By using ebsanders.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to EB Sanders, LLC. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
Please read these Terms and Conditions carefully before using this Site. By using the Site, you acknowledge reading these Terms and Conditions, and agree to be bound by the Terms and Conditions, without modification, as well as the Privacy Policy. If you do not agree to all of the Terms and Conditions, you may not access the Site or use any of the services. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes, this means you accept the new Terms and Conditions with the modifications.
Our Site is hosted by Squarespace and we use multiple platforms to provide the services to you, including Teachable, Accuity and Dubsado.
SITE USE
Your use of the Site is intended for personal, noncommercial use only. By accessing or using the Site, you agree to comply with all applicable local laws. Except in instances where we have given you specific, express permission, you may not use, reproduce, distribute publicly, display publicly, perform, publish, transmit or create derivative works from, or otherwise unlawfully use any content on the Site. This Site is not directed to individuals under the age of 13 and we request that they not provide personal data through the Site. We reserve the right to refuse service to anyone for any reason at any time.
SITE CONTENT AND DISCLAIMERS
EB Sanders, LLC makes no representations or warranties that the information provided on this Site, regardless of its source, (“content”), is accurate, complete, reliable, current, or error-free. We disclaim any and all liability for any inaccuracy, error or incompleteness in the content. The content on this Site is for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site is an educational and informational resource to educate visitors relating to personal career path matters, and is not a substitute for working with an accountant, physician, attorney or other professional. This site is not intended to provide any legal or medical advice. It is also not a substitute for working with a licensed therapist or counselor. We cannot guarantee any of the information on this Site nor the outcome from following the recommendations provided in any statements made on this Site regarding any given situation. The recommendations presented on this Site are expressions of our opinion only. Your results may vary. Your continued use of this Site is your express acknowledgment that EB Sanders, LLC has not guaranteed any particular results and that any references to such results, or testimonials provided by other individuals should not be construed as an indication of guaranteed results. By continuing to use this Site, you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. By continuing to use this Site you acknowledge that we have not made any guarantee of any particular result. Therefore, following any information or recommendations provided on this Site are at your own risk.
By using this Site, you acknowledge that no one associated with EBSanders, LLC is a licensed psychologist or health care professional and the services provided by EBSanders, LLC do not replace the care of psychologists or other healthcare professionals. Coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. If you need psychiatric advice, you should hire a licensed psychotherapist.
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue our services (or any part or content thereof) without any notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the services.
USE LICENSE
Permission is granted to view the materials on the Site for personal, non-commercial use only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
PROHIBITIONS
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
PRIVACY
We care about the privacy of our Users. You understand that by accessing the Site you consent to the collection, use and disclosure of your personally identifiable information as set forth in our Privacy Policy.
Additional Services
If you order certain services from EB Sanders, LLC, you may be required to agree to additional terms and conditions. Such additional terms and conditions supplement these Terms and Conditions and are hereby incorporated by reference. If any term of such additional terms and conditions conflicts with these Terms and Conditions, such additional terms and conditions will control.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE. ADDITIONALLY, WE ARE NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF EBSANDERS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF EB SANDERS, LLC OR ANY OF ITS SUCCESSORS, ASSIGNS OR AFFILIATES TO YOU EXCEED $100.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
THIRD PARTY RESOURCES
The Site may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Access to any such websites or resources are “as is” and “as available” without any warranties, representations or conditional of any kind and without any endorsement. Please review carefully any third party’s policies and practices and make sure that you understand them before you engage in any transaction.
AFFILIATE LINKS
From time to time, The Site participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
As a policy, we will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
We will inform you when content on The Site includes what constitutes as an affiliate link.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by us but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
NO ENDORSEMENTS
From time to time, The Site will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The site provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
TESTIMONIALS
At various places on this Site, you may find testimonials from clients and customers of the products and services offered on this Site or by us. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.
Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on This Site.
GOVERNING LAW; VENUE
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be San Francisco, California.
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable or otherwise transferable by you, but may be assigned by EB Sanders, LLC without restriction.
ENTIRE AGREEMENT; WAIVER; HEADINGS
These Terms and Conditions, including any portions explicitly incorporated by reference and/or made part of this agreement by reference, including, but not limited to the Privacy Policy constitutes the entire agreement between you and EB Sanders, LLC pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us, unless and except you and EB Sanders, LLC agree explicitly in writing to one or more other addendums to this agreement or additional agreements referencing these Terms and Conditions. No waiver of any of the provisions of these Terms and Conditions by EB Sanders, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by EB Sanders, LLC. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ONLINE COMMERCE AND REFUND POLICY
Certain sections of the Site or its content may allow you to make purchases from us. If you make a purchase from us on or through our Site, 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. Users should be aware some payments may be processed through PayPal, Stripe or other electronic payment vendors and subject to the payment processor’s terms of service, privacy policy and other applicable policies. We have no responsibility or liability for these independent policies of the payment processing companies. In addition, when you make certain purchases through our Site or its content, you may be subject to the additional terms and conditions of us or certain payment processing companies that specifically apply to your purchase. We reserve the right to refuse any order placed with us.
You acknowledge that the refund policy for any products, services, or programs purchased through the site from EB Sanders, LLC are as follows, unless otherwise stated within a service contract or sales page:
Refunds (when specifically offered) must be requested via email to ebs@ebsanders.com
Refunds (when specifically offered) are only available within 15 days of purchase
We recommend requesting assistance via email to: ebs@ebsanders.com if you experience any issues receiving or downloading our products.
No refunds may be given on any downloadable materials.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Last updated April 22, 2024