terms & conditions

TERMS & CONDITIONS

Rene’ Collier welcomes you. I invite you to access my website and download or purchase a paperback copy of my book, Miserably Happy.

I provide visitors to the following Terms of Use, which may be updated from time to time without notice to you. By browsing the public areas or by accessing and using the website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and my Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the website.

Any user who registers with the website (each, a “Registered User”) and wishes to purchase a product or service through the website, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

  1. Description and use of the website

I provide Visitors and Registered Users with access to the services as described below.

Visitors. Visitors, as the term implies, are people who do not register with me, but want to explore the website. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email me.

Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through the website; (ii) access exclusive content available only to Registered Users; (iii) post comments on the website (collectively, “Registered User Content”); (iv) sign up for various programs, if applicable; (v) sign up for alerts and other notifications; and (vi) become part of the Rene’ Collier blog community.

Rene’ Collier is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Rene’ Collier may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

  1. Community Guidelines

Rene’ Collier’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the website, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

You will comply with all applicable laws in your use of the website and will not use the website for any unlawful purpose;

  • You will not upload, post, email, transmit, or otherwise make available any content that:
  • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
    • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
    • discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
  • You will not “stalk,” threaten, or otherwise harass another person;
  • You will not spam or use the website to engage in any commercial activities;
  • If you post any Registered User Content, you will stay on topic;
  • You will not access or use the website to collect any market research for a competing business;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not interfere with or attempt to interrupt the proper operation of the website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the website through hacking, password or data mining, or any other means;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the website;
  • You will not use any robot, spider, scraper, or other automated means to access the website for any purpose without my express written permission; provided, however, I grant the operators of public search engines permission to use spiders to copy materials from the public portions of the website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
  • You will not take any action that imposes or may impose (in my sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
  • You will let me know about inappropriate content of which you become aware. If you find something that violates the Community Guidelines, please let me know, and I’ll review it.

I reserve the right, in my sole and absolute discretion, to deny you access to the websites, or any portion of the websites, without notice, and to remove any content that does not adhere to the Community Guidelines.

  1. Restrictions

The website is only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

  1. Sign-in Name; Password; Unique Identifiers

During the registration process for Registered Users, I will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access any proprietary Content (as defined below) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the website using one or more of them. You will promptly inform me of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. I reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

  1. Fees and Payment

As consideration for any purchase you make on the website, you will need to pay all applicable fees and taxes. I (or my third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact me if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Rene’ Collier to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided expires. I reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

  1. Intellectual Property

The website contains material collectively referred to as the “Content”. The Content may be owned by me or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the website), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Rene’ Collier, other than to curate content for your personal blog or services, but with credit given to renecollier.com. Rene’ Collier retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

The Rene’ Collier logo used and displayed on the website is registered and property of renecollier.com. Use of the logo as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by me in writing.

  1. Registered User Content; Licenses

As noted above, the website provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the website, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT RENECOLLIER.COM, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant me and my sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant me and my sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the website and renecollier.com products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

  1. Communications with Me

Although I encourage you to email me, I do not want you to, and you should not, email me any content that contains confidential information. With respect to all emails and communications you send to me, including, but not limited to, feedback, questions, comments, suggestions, and the like,I shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

  1. No Warranties; Limitations of Liability

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

I DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: I AND MY LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID ME IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM ME DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

  1. External Sites

The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by me of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. I am not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

  1. Compliance with Applicable Laws

The website is based in the United States. I make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

  1. Termination of the Agreement

I reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the website, at any time and for any reason without prior notice or liability. I reserve the right to change, suspend, or discontinue all or any part of the website at any time without prior notice or liability.

  1. Digital Millennium Copyright Act

Rene’ Collier respects the intellectual property rights of others and attempts to comply with all relevant laws. I will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

If you believe that your work has been copied on the website in a way that constitutes copyright infringement, please provide me with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

  1. CONTROLLING LAW

This Agreement and any action related thereto will be governed by the laws of the State of Colorado without regard to its conflict of laws provisions.

  1. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST RENECOLLIER.COM ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

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