DIANA BROWN (“Brown”) IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CHECKING A BOX, CLICKING ON “I ACCEPT”, “I AGREE”, OR SIMILAR MARKING, YOU WILL INDICATE YOUR AGREEMENT WITH THESE TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, THEN Brown IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION IN SECTION 17 AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 18 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
AUTO-RENEW NOTICE: SECTION 13 PROVIDES THAT YOUR MONTHLY SUBSCRIPTION WILL RENEW AUTOMATICALLY UNTIL YOU CANCEL. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME VIA YOUR SETTINGS IN YOUR ACCOUNT SETTINGS FOR THIS WEBSITE. THERE WILL BE NO REFUNDS FOR PREPAID FEES.
TERMS AND CONDITIONS
Effective Date: August 31, 2019
To review material modifications and their effective dates scroll to the bottom of the page.
1. Parties. The parties to these Terms and Conditions (“Terms”) are you, and the owner of this www.dianaleebrown.com website, Diana Brown (“Brown”). All references to “you” or “your” shall be construed to mean you if you are an individual person, or to your company or other legal entity, as the case may be. if you are agreeing to these Terms on to your organization All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business and Brown.
2. Services, Use and Restrictions.
2.1 The Services consist of our hosted content, training, and online coaching services for purposes of helping subscribers reduce the stress of a loss without closure (collectively, the “Services”).
2.2 Subject to these Terms and our Privacy Policy, you may access and use the Services and the private areas of this site, but only for your own personal, non-commercial, internal purposes. You agree not to access (or attempt to access) this site or Services by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site or Services through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (ii) modify or make derivative works based on the site, its Services or content; or (iii) “frame” or “mirror” the site, its Services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
3. Modification. We may, from time to time, modify these Terms. We will notify you of any modifications by email to then-current email address in your account with this site. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. THE UPDATED TERMS WILL TAKE EFFECT AFTER THEIR POSTING AND WILL APPLY ON A GOING-FORWARD BASIS, UNLESS OTHERWISE PROVIDED IN THE NOTICE TO YOU. YOUR CONTINUED USE OF THE SERVICES AFTER ANY SUCH UPDATE CONSTITUTES YOUR BINDING ACCEPTANCE OF SUCH CHANGES.
4. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.
5. Separate Agreements. You may acquire additional services, products, and/or content from this site. We reserve the right to require that you agree to separate, binding agreements as a condition of your use and/or purchase of additional services, products, and/or content.
6. Ownership. The Services, content and other material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property embodied in the Services, content and other material provided on this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
7. General Warranty Disclaimer. THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Health Disclaimer.
8.1 THE INFORMATION AND COACHING SERVICES PROVIDED ON THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION AND COACHING SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE OR TREATMENT, INCLUDING WITHOUT LIMITATION, TREATMENT OF MENTAL HEALTH ISSUES OR SYMPTOMS OF PATHOLOGY SUCH AS DEPRESSION. YOU SHOULD NOT USE THE INFORMATION ON THIS SITE FOR DIAGNOSIS OR TREATMENT OF ANY HEALTH ISSUE OR PROBLEM. WE DO NOT IN ANY WAY WARRANT OR GUARANTEE THE SUCCESS OF ANY ACTION WHICH YOU TAKE IN RELIANCE ON THE INFORMATION PROVIDED AT THIS WEBSITE.
8.2 DIANA BROWN IS A REGISTERED PROFESSIONAL PSYCHOTHERAPIST IN THE STATE OF NEVADA. SHE PROVIDES PSYCHOTHERAPY/COUNSELING SERVICES ONLY PURSUANT TO A SEPARATE AGREEMENT. IF YOU ARE INTERESTED IN PROFESSIONAL PSYCHOTHEREAPY/COUNSELING SERVICES, YOU MAY CONTACT DIANA BROWN BY EMAIL AT flybydiana@gmail.com.
9. Limitation of Liability.
9.1 IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9.2 IN NO EVENT SHALL THIS SITE’S AND BROWN’S AGGREGATE LIABILITY, IF ANY, INCLUDING LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY, OR OTHERWISE, EXCEED ANY THE SUM TOTAL OF THE MONTHLY FEES PAID OR PAYABLE FOR THE MONTH IMMEDIATELY PRECEDING ACCRUAL OF THE CLAIM.
9.3 THE THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
9.4 To the maximum extent permitted by applicable law, Brown assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vii) the defamatory, offensive, or illegal conduct of any third party.
10. Indemnity. You agree to defend, indemnify and hold harmless Brown and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights ; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
11. Complaints by California Residents. Brown is the provider of the Services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
12. Security. Brown will implement reasonable security procedures consistent with industry standards to protect your data from unauthorized access and use. You acknowledge that we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal data for improper purposes.
13. Fees; Auto-Renew; Cancellation. FEES ARE CHARGED MONTHLY BASED ON THE PLAN AND PRICING YOU SELECT. YOUR MONTHLY SUBSCRIPTION WILL RENEW AUTOMATICALLY UNTIL YOU CANCEL. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME VIA YOUR SETTINGS IN YOUR ACCOUNT SETTINGS FOR THIS WEBSITE. THERE WILL BE NO REFUNDS FOR PREPAID FEES.
14. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or Services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
15. Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk, and may be subject to the other sites’ legal terms and privacy policy.
16. Participation in Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, Services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, Services or content, are solely between you and each such advertiser.
17. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Brown. FOR ANY DISPUTE WITH Brown, YOU AGREE TO FIRST CONTACT US AT SUPPORT@ DIANALEEBROWN.COM AND ATTEMPT TO RESOLVE THE DISPUTE WITH US INFORMALLY. IN THE UNLIKELY EVENT THAT Brown HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER SIXTY (60) DAYS, WE EACH AGREE TO RESOLVE ANY CLAIM, DISPUTE, OR CONTROVERSY (EXCLUDING ANY CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AS PROVIDED BELOW) ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THESE TERMS, OR THE BREACH OR ALLEGED BREACH THEREOF (COLLECTIVELY, “CLAIMS”), BY BINDING ARBITRATION. EXCEPT FOR ACTIONS TO PROTECT INTELLECTUAL PROPERTY RIGHTS AND TO ENFORCE AN ARBITRATOR’S DECISION HEREUNDER, ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR A BREACH THEREOF SHALL BE SUBMITTED TO AND FINALLY RESOLVED BY ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) THEN IN EFFECT. THERE SHALL BE ONE ARBITRATOR, AND SUCH ARBITRATOR SHALL BE CHOSEN BY MUTUAL AGREEMENT OF THE PARTIES IN ACCORDANCE WITH AAA RULES. THE ARBITRATION SHALL TAKE PLACE IN STATELINE, NEVADA, USA, AND MAY BE CONDUCTED BY TELEPHONE OR ONLINE VIA VIDEO CONFERENCE. THE ARBITRATOR SHALL APPLY THE LAWS OF THE STATE OF NEVADA, USA TO ALL ISSUES IN DISPUTE. THE CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE FINDINGS OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION FOR ENFORCEMENT. ENFORCEMENTS OF ANY AWARD OR JUDGMENT SHALL BE GOVERNED BY THE UNITED NATIONS CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS. SHOULD EITHER PARTY FILE AN ACTION CONTRARY TO THIS PROVISION, THE OTHER PARTY MAY RECOVER ATTORNEY’S FEES AND COSTS UP TO $1,000.
18. Class Action and Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Brown ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
19. Jurisdiction and Venue. The courts of Douglas County in the State of Nevada, USA and the U.S. District Court for the District of Nevada shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use. Neither party will claim lack of personal jurisdiction or forum non conveniens in these courts.
20. Controlling Law. This Agreement shall be construed under the laws of the State of Nevada, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
21. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
22. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
23. Privacy. Please review this site’s Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site’s home page.
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Material Modifications<< Since August 31, 2019: none.