TERMS OF SERVICE AGREEMENT

OM UNLIMITED, LLC TERMS OF SERVICE AGREEMENT

This Terms of Service Agreement (the “Agreement”) is an agreement between you (the “User”) and Om Unlimited, LLC d/b/a The Danielle Daily a/k/a Danielle Watson (“Company”, “we”, or “us”). We provide Users with Services as defined below (collectively, the “Services”). This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us. By using the Site and Services in any way you are agreeing to comply with these terms, our Privacy Policy and any other legal notices or conditions or guidelines posted on the Site.

 

We offer Coaching and Consultation services (“Offerings”) through the website www.Danielle-Watson.com .  We provide inspiration, tools, and guidance to people seeking freedom from self-critical thoughts.  We share our message with the world by authoring and publishing books, speaking, blogging, hosting web shows and podcasts, and via group and 1:1 coaching.  Our offerings include group membership programs, downloadable programs, as well as 1:1 mentoring, coaching, consulting.

Our Offerings are non-refundable except as required by law. If you choose a payment plan for your service, you will be automatically billed at the time the bill is due.

Delivery of Services. For single services, you will be asked to schedule a mutually convenient time for your consultation.  For product offerings, you will receive a link to the purchased product within 24 hours of your purchase.  All other offerings will be provided to you within the terms described at the point of purchase.

Limitations of Liability.  We provide advice, consultation, motivation and encouragement for courageous women on the journey of self-actualization. We do not guarantee any specific results.  We are not responsible for any business loss that occurs during or after our time together.

You certify that you are at least 18 years of age.

You agree that the email address provided in your account information is valid and that you will keep your contact information up to date.

 

PAYMENTS, TAXES, AND REFUND POLICY

You agree that your payment will be processed by Om Unlimited, LLC. You agree that Om Unlimited, LLC may charge your payment method for any additional products and services purchased by you. You are responsible for providing Om Unlimited, LLC with a valid payment method for payment of all fees. If your payment method for Om Unlimited, LLC is invalid, you will have ten (10) days to provide another method of payment or your services will be suspended will be taken down until your account is paid in full

Om Unlimited, LLC does not refund fees.

TERMINATION

The term of service for each offering is specified at the time of service.  Om Unlimited, LLC may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement.

INTELLECTUAL PROPERTY

Company shall maintain all ownership rights in any application, product, idea or invention offered through the Services provided.  Company hereby grants Client a License to utilize said application, product, idea or invention.  Client agrees that it shall use and maintain the same for its own individual purposes, and that it shall not have the right to sell, give, or otherwise provide the Company’s licensed intellectual property to a third party.  

All material and services available through Om Unlimited, LLC, and all material and services provided by or through Om Unlimited, LLC, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, all informational text, documentation, layout, photographs, graphics, audio, video, messages,  design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws.  

Company’s trademarks and product images may not be used in connection with any product or service that does not belong to Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

Client shall maintain all ownership rights in any final work product generated as a result of Company’s services.  Client shall own any and all said copyrights, trademarks, and trade secrets that are share, divulged, or created as a result of work with Company. Company shall guard Client’s ideas, creative thoughts, visions, and plans for projects with full confidentiality unless Company is specifically tasked by Client with marketing the concept to the world.

 

GENERAL TERMS

Disclaimer.Description or reference to a third party product or publication does not imply endorsement of that product or publication. To the fullest extent permitted by law, the material and information displayed on our websites is provided “as is” without any guarantees, conditions or warranties as to accuracy.

Additional Services and Products.  We may, in the future, offer new services. For the avoidance of doubt, such new services shall be subject to the terms and conditions of this Agreement.

Amendments. Any amendment to this agreement must be made in writing.

Waiver. Company’s failure to act with respect to a breach by you or others does not waive Company’s right to act with respect to subsequent or similar breaches.This Agreement, together with the Privacy Policy constitute the entire agreement between you and Company, and supersedes all other communications, written or oral, with regard to the subject matter herein, the Site and services provided by Om Unlimited, LLC.

Enforceability. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

Assignment. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.  You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent. This Agreement does not confer any third party beneficiary rights.

Choice of Law.  This Agreement shall be executed in connection herewith and shall be construed and governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws provisions, and shall be binding upon and inure to the benefit of the parties hereto.  The parties agree to submit to the jurisdiction of the courts within the Commonwealth of Virginia.

Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

Indemnification. You agree to indemnify, hold harmless, and defend Company and its licensors, suppliers, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use of the Services or the Materials, or (ii) your Content. This includes, but is not limited to, any breach or violation of this Agreement by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

You agree to defend, indemnify and hold Company and Company’s employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) content you create or purport to create as a result of the offered services (b) your use of the services, products and offerings, (c) your violation of the Agreement or (d) your violation of any rights of a third party.

Relationship of the parties. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.Company may assign its rights and responsibilities hereunder with notice to you of thirty (30) days, or in the event of an emergency without notice to you.These terms and conditions will inure to the benefit of Om Unlimited, LLC’ successors, assigns and licensees.

Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision.

Modification. These terms and conditions may not be modified by you.The following Sections survive any termination of this Agreement: Intellectual Property Policy, Proprietary Rights, Pricing, Shipping and Terms of Sale, Disclaimer of Warranties, Limitation of Liability, Indemnity, Release and General.Om Unlimited, LLC will attempt to notify you when major changes are made to this Agreement but you should periodically review the most up-to-date version at www.Danielle-Watson.com

 

Printed Version. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.