Terms and Conditions


Terms & Conditions

Overview

Yolanda Brown, MBA (“us”, “we”, or “our”) provides the yolandanichole.com website and blog (“Site”) for education on entrepreneurism, parenting, and other life topics along with a service where site visitors (“user”, “you”, or “your”) may buy coaching services, e-courses and/or products related to business and life (the “Service”). We would love for you to use it.

The following Terms and Conditions (“Terms”, “Terms and Conditions”) govern all use of the yolandanichole.com website and all content, services, and products available at or through the website (our Service). Your access to and use of our Service is conditioned on your acceptance of and compliance with these Terms (without modification) and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time by Yolanda Brown, MBA (collectively, the “Agreement”). These Terms apply to all visitors, users and others who access or use the Service so please read them carefully. These terms do not apply to your use of Sites not owned by us but linked or referred for you to peruse. If you disagree with any part of the terms, please do not access the Service.

If you have any questions about these Terms, you may contact us at:

www.yolandanichole.com
P.O. Box 52484
Durham, NC 27717
web(at)yolandanichole.com

  1. USE OF SITE AND SERVICES. Our site provides content for informational and educational use only. All contents of the Site and the Service are the property of their owners and protected by copyright and trademark laws. All information on the Site is owned by Yolanda Brown, MBA. The information, services, products, claims, topics, and materials on our Site is provided “as is” and without warranties of any kind, either expressed or implied.
  2. AGE. Our Service is not directed to children younger than 13, and access and use of our Service is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Service. Any person who registers as a user or provides their personal information to our Service represents that they are 13 years of age or older.
  3. LICENSE. You have permission to share our Content on other websites and add your own Content to it (aka to reblog my Content), so long as you use only a quarter or less of my post, and you give me credit as the original author and link back to this Site.
  4. USER CONTENT. By submitting Content for inclusion on our Site, you grant Yolanda Brown, MBA a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content.
  5. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, violent, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Yolanda Brown, MBA reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Yolanda Brown, MBA intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
  6. TERMINATION. Yolanda Brown, MBA may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your yolandanichole.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  7. PAYMENT, RENEWALS AND REFUNDS. This Site offers different levels of products and service. By signing up for a particular level of product or service, you agree to pay us the applicable subscription fees. Unless you notify us before the end of your subscription period that you no longer wish to access the Service, your subscription will renew automatically. If we change pricing for a service to which you’re subscribed, we will notify you before your subscription is set to renew. You authorize us to charge any then-applicable fees to your credit card or other payment method we have on file for you. We offer refunds up to thirty (30) days after payment. Payment failures will result in the cancellation of your Service plan.
  8. INTELLECTUAL PROPERTY. This Agreement does not transfer from Yolanda Brown, MBA to you, any Yolanda Brown, MBA or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Yolanda Brown, MBA. Yolanda Brown, MBA, our Site and Service logos, and all other trademarks, service marks, graphics and logos used in connection with yolandanichole.com or our Services, are trademarks or registered trademarks of Yolanda Brown, MBA or Yolanda Brown, MBA’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Yolanda Brown, MBA or third-party trademarks.
  9. YOUR INTELLECTUAL PROPERTY. We claim no intellectual property rights over the material you supply to Yolanda Brown, MBA. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Yolanda Brown, MBA remains yours to the extent that you have any legal claims therein. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
  10. COPYRIGHT INFRINGEMENT AND DMCA POLICY. As Yolanda Brown, MBA asks others to respect our intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by yolandanichole.com violates your copyright, you are encouraged to notify Yolanda Brown, MBA in accordance with the Digital Millennium Copyright Act (“DMCA”). Yolanda Brown, MBA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Yolanda Brown, MBA will terminate a visitor’s access to and use of the Site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Yolanda Brown, MBA or others. In the case of such termination, Yolanda Brown, MBA will have no obligation to provide a refund of any amounts previously paid to Yolanda Brown, MBA.
  11. PRIVACY POLICY. Yolanda Brown, MBA respects your privacy and your personal information. A complete statement of our privacy policy can be found by clicking the “privacy policy” links at the top and bottom of the page. Our privacy policy is expressly incorporated into this Agreement by this reference.
  12. NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. The information contained in or made available through the Site (including but not limited to information contained in products, on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Yolanda Brown, MBA makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Yolanda Brown, MBA disclaims all liability for any inaccuracy, error, or incompleteness in the Content. Yolanda Brown, MBA will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

We recommend you consult your accountant, lawyer or professional advisor before acting on information contained here or elsewhere as it relates to your business, finances, or lifestyle.

You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Site, you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

  1. AFFILIATE DISCLOSURE. Yolanda Brown, MBA participates in affiliate and sponsorship programs for various products and services related to the content of the Site and blog. We may receive products or services to review and will provide an honest review (good or bad) of our experiences with them. Links to those products and services will create a commission for us (at no cost to you) if you purchase any products and services from the respective site. This compensation allows us to continue providing great value and excellent service to you – our readers (and some good shoes for my growing boys too). You should assume that any links leading you to products or services outside of this domain are affiliate links that we will receive compensation from. The compensation received will never influence opinion nor therefore content, topics or posts made in this blog. We will always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on the blog are purely the author’s own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.

Relationship Disclosures. These are companies, organizations or individuals that may have a significant impact on the content of this blog. We are employed by or consult with: Fun Spaces Inc, and coach.me. We serve on the following corporate or non profit boards: Urban Ministries of Durham.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

  1. CONTENT POSTED ON OTHER SITES. Yolanda Brown, MBA has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which yolandanichole.com links, and that link to yolandanichole.com. Yolanda Brown, MBA does not have any control over those unrelated websites, and is not responsible for their contents or their use. By linking to an unrelated website, Yolanda Brown, MBA does not represent or imply that it endorses such website, or that we believe such website and material posted therein to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Yolanda Brown, MBA disclaims any responsibility for any harm resulting from your use of unrelated websites and webpages.
  2. CHANGES. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. Please visit our Agreement If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
  3. DISCLAIMER OF WARRANTIES. Our Service is provided “as is.” Yolanda Brown, MBA and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Yolanda Brown, MBA nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
  4. LIMITATION OF LIABILITY. In no event will Yolanda Brown, MBA, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Yolanda Brown, MBA under this agreement during the twelve (12) month period prior to the cause of action. Yolanda Brown, MBA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  5. GENERAL REPRESENTATION AND WARRANTY. You represent and warrant that (i) your use of our Services will be in strict accordance with the Yolanda Brown, MBA Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
  6. US ECONOMIC SANCTIONS. You expressly represent and warrant that your use of the Service and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Yolanda Brown, MBA reserve the right to terminate accounts or access of those in the event of a breach of this condition.
  7. INDEMINIFICATION. You agree to indemnify and hold harmless Yolanda Brown, MBA, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
  8. TRANSLATION. These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
  9. MISCELLANEOUS. This Agreement constitutes the entire agreement between Yolanda Brown, MBA and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Yolanda Brown, MBA, or by the posting by Yolanda Brown, MBA of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of North Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Durham County, North Carolina. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Durham, North Carolina, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Yolanda Brown, MBA may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

This policy was last modified on October 26, 2015.

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