Terms & Conditions
Terms of Use
Set forth below are the terms and conditions governing daniellegelfand.com, all advice, tips, blogs, online classes, groups and lectures taught and or run by Danielle Gelfand, as well as “Discovery Breakout Calls” intake questions for coaching services for emails sent to danielle@daniellegelfand.com. By reading this agreement and or/registering with www.daniellegelfand.com, you agree to be bound by these Terms of Use (this “Agreement”), whether or not you use the services offered (the “Services”) of daniellegelfand.com. If you do not wish to abide by this Agreement, please do not register and do not use any portion of this site or sign up for virtual classes or lectures, join the mailing list, or download any items from the mailing list. We reserve the right to change, update, modify, and/or revise these terms of use at any time at our sole discretion, without notice or liability. Please check back often to review any updated terms.
Although all information and materials carried on this website are believed to be reliable, daniellegelfand.com, and Danielle Gelfand make no representation, neither expressly nor impliedly, as to the accuracy, completeness, timeliness or reliability of the material or any information on this website. By using this website or by relying on any of the materials or information carried on this website, you assume all the risk and responsibility arising out of use or reliance on this website, classes, lectures and groups by Daniellegelfand.com, and Danielle Gelfand . We expressly disclaim any warranties, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose or against infringement. Daniellegelfand.com and Danielle Gelfand shall not be liable to you or anyone else for any loss or damages whatsoever, including, but not limited to any direct, indirect, special, consequential, incidental, punitive or other damages, arising out of the use of or inability to use this website or any services offered on or in affiliation with this website.
Eligibility
Daniellegelfand.com, classes & lectures and groups by Danielle Gelfand are not intended to be viewed, and the Services are not intended to be purchased or used, by minors or anyone under the age of eighteen. By entering the Website or using the Services, you are agreeing that you are not under the age of eighteen.
Other Terms and Conditions
By using the Services of daniellegelfand.com, and Danielle Gelfand you are representing to daniellegelfand.com, and Danielle Gelfand that you have agreed not only to the terms and conditions stated here but the terms and conditions of any online dating site you are currently using or intend to use. You should carefully read the privacy policies and other conditions of use on your online dating site of choice to ensure that using the Services of daniellegelfand.com, and Danielle Gelfand are permitted by the terms and conditions of any online dating site that you are currently using or intend to use.
Representations/Responsibilities:
You are responsible for creating and implementing your own decisions, choices, actions and results. As such, you agree that the daniellegelfand.com, and Danielle Gelfand are is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services or content provided by daniellegelfand.com, and Danielle Gelfand.You understand coaching is not counseling, therapy or any kind of advice – financial, legal or otherwise. You understand that daniellegelfand.com, and Danielle Gelfand is not a therapist or matchmaker, and that daniellegelfand.com, and Danielle Gelfand cannot guarantee outcomes.
Interactions
You are solely responsible for your interactions, online or in person, with individuals identified for you by Daniellegelfand.com, and Danielle Gelfand. By using the Services of Daniellegelfand.com and Danielle Gelfand, you understand and agree that Daniellegelfand.com, and Danielle Gelfand do not in any way screen the members of any online dating sites. Daniellegelfand.com, Danielle Gelfand makes no representations or warranties as to the conduct of any person it has identified or will identify to you. In no event shall Daniellegelfand.com, and Danielle Gelfand be liable for any damages whatsoever, either direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including, without limitation, bodily injury, death, emotional distress, and/or other damages resulting from communications or interactions, online or in person, with any persons you meet through the Services offered by Daniellegelfand.com, and Danielle Gelfand. In addition, there might be times when one of us decides we are not a great fit. In which case, Danielle Gelfand will try to provide suggestions for other resources.
Communications and Content
All email sent to any email addresses of the Website becomes the property of Daniellegelfand.com, and Danielle Gelfand. The Website may provide links to the sites of affiliated companies and certain other businesses or materials. Daniellegelfand.com, and Danielle Gelfand are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of the websites. Daniellegelfand.com, and Danielle Gelfand and does not assume any responsibility or liability for the actions, product, and content of these and any other third parties. Your use of such websites or materials is at your own risk and you should carefully review all privacy statements and other conditions of use.
You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is false, unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law, or which, without the Website’s express written prior approval, contains advertising or any solicitation with respect to the Services. Additionally, when interacting online or in person with anyone identified by the Website, you shall not violate or infringe in any way upon the rights of others, and you shall not engage in any behavior which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law.
Warranty disclaimer: you expressly agree that use of the website and related services is at your sole risk. The website, materials and related services are provided on an “as is” and “as available” basis. Daniellegelfand.com, and Danielle Gelfand make no representations or warranties with regard to the website or any materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. In addition, daniellegelfand.com, and Danielle Gelfand makes no representation that the operation of the website will be uninterrupted or error-free. Daniellegelfand.com, and Danielle Gelfand will not be liable for the consequences of any interruptions or errors on the website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice, information or other content or materials provided in connection with or otherwise available through the website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any such opinion, advice, information or other content. Under no circumstance will Daniellegelfand.com, and Danielle Gelfand be liable for any loss or damage caused by your reliance on information obtained through the website, other than as required under applicable consumer-protection law. Some jurisdictions do not allow the disclaimer of certain warranties or limitation of certain types of damages, so some of the above disclaimer may not apply to you and nothing contained herein should be construed as excluding or limiting any liability beyond what is permitted under applicable law.
Limitation of Liability
By using the Website, materials, or Services of Daniellegelfand.com and Danielle Gelfand you agree to release and hold harmless Daniellegelfand.com, and Danielle Gelfand and and the employees, officers, directors, members, managers, shareholders, agents, representatives of Daniellegelfand.com, and Danielle Gelfand and its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Daniellegelfand.com, and Danielle Gelfand and , any third-party providers or sources of information or data, and legal advisers from any and all losses, damages, rights, claims, and actions of any kind arising from or related to the Website, materials, or Services, including but not limited to:
telephone, electronic, hardware or software, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (b) failed, incomplete, garbled, or delayed computer transmissions; (c) any condition caused by events beyond the control of Daniellegelfand.com, and Danielle Gelfand that may cause the Website or related Services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, materials, or related Services; or (e) any printing or typographical errors in any materials associated with the Website, materials, or related Services. In addition, you agree to defend, indemnify, and hold Daniellegelfand.com, and Danielle Gelfand and affiliates harmless from any claim, suit or demand, including reasonable attorney’s fees, made by a third party, due to or arising out of your utilizing the Website, materials, or related Services, your violation or breach of this Agreement, your violation of any rights of a third party, or any other act or omission by you.
In no event will Daniellegelfand.com, and Danielle Gelfand its Officers, Directors, Members, Managers, Shareholders, Employees, Editors, Agents and Representatives (collectively “Representatives”) be held liable for any damages of any kind, including “without limitation” compensatory, direct, indirect, punitive, or consequential damages, loss of income or data, loss of or damage to property, personal injury, and claims of customers or third parties arising from any customer’s interaction, involvement, and relationship with members of the online and/or offline dating community of any kind, even if Daniellegelfand.com, and Danielle Gelfand was advised of the possibility of such damages. Furthermore, by using the Website, you agree to hold Daniellegelfand.com, and Danielle Gelfand harmless from any administrative, criminal, or civil proceedings.
Assignment
You may not assign or transfer any rights, duties, or obligations herein nor any rights, duties or obligations associated with any service purchased through Daniellegelfand.com, Danielle Gelfand and without the prior written consent by daniellegelfand.com, Danielle Gelfand and , and any purported attempt to do so shall be null and void.
No Waiver
Waiver of breach or failure to strictly enforce the terms of this Agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict compliance with the terms of this Agreement.
No Warranties
Daniellegelfand.com and Danielle Gelfand make no representations or warranties of any nature, express or implied, including but not limited to any representations or warranties with respect to your dating success. In no event shall the company or its representatives be liable for special, incidental, punitive or consequential damages resulting from any failure of any performance by the company.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service or the Agreement must be filed within One (1) Year after such claim or cause of action arose or shall be forever barred.
Entire Agreement
This Agreement constitutes the entire understanding and agreement of the Parties entering into it (“the Parties”) with respect to the subject matter covered in it, and it supersedes all other prior agreements and understandings, written or oral, among the Parties, with respect to such subject matter.
Authority
The Parties hereby warrant that this Agreement is duly executed with full authority and approval of each of them. The Parties further warrant and represent that they have fully informed themselves of the terms and legal effects of this Agreement, that no promises or representations have been made to induce their execution of this Agreement except those set forth herein, that they have relied on independent judgment and, where applicable, the advice of their legal counsel in executing this Agreement, and that they have full authority and capacity to execute this Agreement and that no further authorization, ratification or approvals from any entity, organization or agency, including any corporate, legal or judicial entity, shall be necessary in order to give this Agreement full force and effect.
Severability
If any provision, or portion thereof, of this Agreement is held invalid, illegal, void, or unenforceable by reason of any law, rule or regulation, administrative order, judicial decision, or public policy, the remaining provisions shall not be affected, impaired or invalidated thereby, and each term and provision of this Agreement shall remain in full force and effect and be valid and enforceable to the fullest extent permitted by law, and shall be deemed separate from such invalid or unenforceable provision. Any invalid, illegal, void or unenforceable provision shall be deemed, without further action on the part of the parties hereto, amended, limited or replaced and enforced to the extent necessary by a court of competent jurisdiction or arbitrator(s) to render such provision, as so amended, limited or replaced, legal, valid and enforceable, with the a provision or part thereof that comes as close as possible to expressing the intention of the stricken provision, it being the intention of the parties that this Agreement and each provision hereof shall be legal, valid and enforceable to the fullest extent permitted by applicable law.
Interpretation, Construction
The language used in this Agreement will be construed in all cases in accordance with ordinary usage and meaning. The Parties acknowledge that each Party has reviewed this Agreement and that no single party bears sole responsibility for the draftsmanship of this Agreement. Consequently, no rule of construction to the effect that ambiguities are to be resolved against the drafting Party should be employed in the interpretation of this Agreement.
Choice of Law and Venue.
These Terms are governed by the laws of the State of Connecticut without regard to any conflict of laws. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Fairfield County, Connecticut.
E-Sign Act
I agree that this Agreement is governed by the Electronic Signatures in Global and National Commerce Act (commonly known as the “E-Sign Act”), 15 U.S.C. 7000, et seq. and may not be denied legal effect, validity, or enforceability solely because it is in electronic form. Choosing to click the checkbox “I have read and accept these terms and conditions” in your email — or in the Google Form sent in your email — and working with Daniellegelfand.com, Danielle Gelfand and indicates my agreement to be bound by the terms of this Agreement, and I affirmatively adopt making this selection as my signature and the manifestation of my consent to be bound by the terms of this Agreement.
Please contact us at danielle@daniellegelfand.com with any questions regarding this Agreement.