Website Terms & Conditions

 

This web page represents a legal document and is the Terms of Use (Agreement) for our website, www.asktorina.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

Our Services

Our Website offers the following services: Mindset/Wellness Coaching (Services). 

Definitions

The terms “us” or “we” or “our” refers to Torina Collis, the owner of this Website. A “Visitor” is someone that merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. 

All  text, information, graphics, design, and data offered through our  Website or Services, whether produced by our Members or by us, are  collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

Acceptance of Agreement

This Agreement is between you and Torina Collis. 

THIS  AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT  LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS  CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR  WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO  NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH  HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS  AND/OR BROWSE IT FURTHER.

Except  as otherwise noted, this Agreement constitutes the entire and only  Agreement between you and Torina Collis, and supersedes all other  Agreements, representations, warranties and understandings with respect  to our Website, Services, and the subject matter contained herein. However, in  order for you to use our Website and/or Services, you may also be  required to agree to additional terms and conditions. Those additional  terms and conditions will be incorporated into this Agreement unless  otherwise stated. 

We  may amend this Agreement at any time without specific notice to you.  The latest Agreement will be posted on our Website, and you should  review this Agreement prior to using our Website.  After any revisions to this Agreement are posted, you agree to be bound  to any changes to this Agreement. Therefore, it is important for you to  visit this page periodically to review the Agreement. Please read this  Agreement carefully and save it. If  you do not accept this Agreement, do not access and use our Website. If  you have already accessed our Website and do not accept this Agreement,  you should immediately discontinue use of our Website and Services.

Limited License

Torina  Collis grants you a non-exclusive, non-transferable, revocable license  to access and use our Website and Services strictly in accordance with  this Agreement. Your use of our  Website and Services are solely for internal, personal, non-commercial  purposes, unless otherwise provided in this Agreement. No  print out or electronic version of any part of our Website or Services  may be used by you in any litigation or arbitration matter whatsoever  under any circumstances.

Legal Compliance

You  agree to comply with all applicable domestic and international laws,  statutes, ordinances and regulations regarding your use of our Website,  Content, Services, and any software provided therein.

Our Relationship to You

This  Agreement in no way creates any agency, partnership, joint venture,  employee-employer or franchisor-franchisee relationship between you and  Torina Collis.

Our Intellectual Property

Our  Website may contain our service marks or trademarks as well as those of  our affiliates or other companies, in the form of words, graphics, and  logos. Your use of our Website or  Services does not constitute any right or license for you to use our  service marks or trademarks, without the prior written permission of  [Our Company].

Our  Content, as found within our Website and Services, is protected under  United States and foreign copyrights. The copying, redistribution, use  or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance

Our  Website will respond quickly to claims of copyright infringement as  found in our Content, according to the terms of the Digital Millennium  Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information: 

1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 

2) A description of the copyrighted work that you claim has been infringed; 

3) A description of where the material that you claim is infringing is located on our Website; 

4) Your address, telephone number, and email address; 

5) 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; and  

6) A  statement by you, made under penalty of perjury, that the above  information in your Notice is accurate and that you are the copyright  owner or authorized to act on the copyright owner’s behalf. 

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Eligibility and Registration for Membership

To use our Services, you must register with our Website to become a Member. Your  Membership is not transferable or assignable and is void where  prohibited. This is intended solely for Users who are at least age (18) years of age or older. 

Any  registration by, use of or access to our Website by anyone under such,  is unauthorized, unlicensed and in violation of these Terms of Use. By  using our Website and/or Service, you represent and warrant that you are  (18) or older and that you agree to and to abide by all of the terms and conditions of this Agreement. [Our  Company] has sole right and discretion to determine whether to accept a  Member, and may reject a Member’s registration, with or without  explanation.

When  you complete the registration process, you will receive a password that  will allow you to access our Services. You agree to maintain the  confidentiality of your password and are fully responsible for all  liability and damages resulting from your failure to maintain that  confidentiality and all activities that occur through the use of your  password. 

You  agree to immediately notify us of any unauthorized use of your password  or any other breach of security. You agree that Our Website cannot and  will not be liable for any loss or damage arising from your failure to  comply with password security as discussed herein.

Content Disclaimer

The opinions expressed on our Website are not necessarily the opinions of [Our Company]. Any  Blog content provided by our bloggers are of the blogger’s opinion, and  is not intended to malign any religion, ethic group, club,  organization, company, individual or anyone or anything.

The  Content may be changed without notice and is not guaranteed to be  complete, correct, timely, current or up-to-date. Similar to any printed  materials, the Content may become out-of-date. 

We undertake no obligation to update any Content on our Website. Members  are responsible for their own content, where applicable, and may update  their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.

Errors, Corrections and Changes

We  do not represent or otherwise warrant that our Website will be  error-free, free from viruses or other harmful components, or that we  will correct any errors. We do  not represent or otherwise warrant that the information available on or  through our Website will be correct, accurate, timely or otherwise  reliable. 

We may make changes to the features, functionality or content of our Website or Services at any time. We  reserve the right in our sole discretion to edit or remove any  documents, information or other content appearing on our Website or  Services.

Financial, Legal and Other Advice Disclaimer

You  hereby acknowledge that nothing contained in our Website shall  constitute financial, investment, legal and/or other professional advice  and that no professional relationship of any kind is created between  you and Torina Collis or our Members. You  hereby agree that you shall not make any financial, investment, legal  and/or other decision based in whole or in part on anything contained in  our Website or Services.

Advertisers and Sponsors Disclaimer

Our  Website may contain advertising and sponsorships. Advertisers and  sponsors are responsible for ensuring that material submitted for  inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. 

THE  INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN  ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY TORINA COLLIS AND  WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE  CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We  may allow access to or advertise certain third-party product or service  providers (“Merchants”) from which you may purchase certain goods or  services. You understand that we  do not operate or control the products or services offered by Merchants.  Merchants are responsible for all aspects of order processing,  fulfillment, billing and customer service. We are not a party to the  transactions entered into between you and Merchants. 

You  agree that use of or purchase from such Merchants is AT YOUR SOLE RISK  AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR  OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,  MERCHANTABILITY OR NON-INFRINGEMENT. WE  ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE  TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING  ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

All  rules, legal documents (including privacy policies) and operating  procedures of Merchants will apply to you while on any Merchant  websites. We are not responsible for information provided by you to  Merchants. Our relationship to  Merchants is solely as independent contractors and neither party has  authority to make any representations or commitments on behalf of the  other.

Warranty Disclaimer 

Torina  Collis is not responsible or liable in any manner for any Content  posted on our Website or in connection with our Services, whether posted  or caused by Members of our Website, or by [Our Company]. Although we  provide rules for Member conduct and postings, we do not control and are  not responsible for what Members post, transmit or share on our Website  or Services, and are not responsible for any offensive, inappropriate,  obscene, unlawful or otherwise objectionable content you may encounter  on our Website or Services. Torina Collis is not responsible for the conduct, whether online or offline, of any user of our Website or Services.

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Torina  Collis assumes no responsibility for any error, omission, interruption,  deletion, defect, delay in operation or transmission, communications  line failure, theft or destruction or unauthorized access to, or  alteration of, Member communications. 

Torina  Collis is not responsible for any technical malfunction or other  problems of any telephone network or service, computer systems, servers  or providers, computer or mobile phone equipment, software, failure of  email or players on account of technical problems or traffic congestion  on the Internet or any combination thereof, including injury or damage  to Member’s or to any other person’s computer, mobile phone, or other  hardware or software, related to or resulting from using or downloading  materials in connection with the our Website or Services, including  without limitation any software provide through our Website or Services.  

Under  no circumstances will Torina Collis be responsible for any loss or  damage, including any loss or damage or personal injury or death,  resulting from anyone’s use of our Website or Services, or any  interactions between Users of our Website or Services, whether online or  offline. 

Torina  Collis reserves the right to change any and all Content, software and  other items used or contained in our Website or Services, at any time  without notice. Reference to any products, services, processes or other  information, by trade name, trademark, manufacturer, supplier or  otherwise does not constitute or imply endorsement, sponsorship or  recommendation thereof, or any affiliation therewith, by our Website, by  third parties or by any of the equipment or programming associated with  or utilized by our Services. 

THE  INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE  PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES,  EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE  DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A  PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS,  PROBLEMS OR OTHER LIMITATIONS. TORINA COLLIS, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES.  TORINA COLLIS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF  OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED  SOFTWARE.  TORINA COLLIS DOES NOT  REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE  FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR  THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY  SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT  AND REMOVE VIRUSES. ALL  RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW  ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.  WITHOUT  LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR  OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR  WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY  RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE  OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY  RESULT. WE,  AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT,  SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS  OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED  ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),  PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF  SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE  FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND [OUR  COMPANY]. OUR WEBSITE AND  SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR  INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH  OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR  GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. 

Limitation of Liability

Torina  Collis, as well as all our Affiliates, shall not be liable for any  loss, injury, claim, liability, or damage of any kind resulting in any  way from (a) any errors in or omissions from our Website or Services,  (b) any product liability issues to the extent that we are not involved  with the manufacturer of the product(s) giving rise to liability, (c)  the unavailability or interruption of our Website or Services, (d) your  use of our Website our Content, (e) the content contained on our Website  or Services, or (f) any delay or failure in performance of our Website  and Services beyond our control.

IN  NO EVENT WILL TORINA COLLIS OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE  LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,  EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY  LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT,  SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM  OUR WEBSITE OR SERVICES, EVEN IF TORINA COLLIS IS AWARE OR HAS BEEN  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO  THE CONTRARY CONTAINED HEREIN, [OUR COMPANY]’S LIABILITY TO YOU FOR ANY  CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL  TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE  AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP  PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Member Conduct

Members may post their own content to our Website through our Services (Member Content). Members  and Visitors understand that by using our Website or Service, they may  be exposed to content that is offensive, indecent, or objectionable. We  have no control over Member Content and do not in any way guarantee the  quality, accuracy or integrity of such content. Torina Collis is not  responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Torina Collis will submit all necessary information to the proper authorities.

If  any Member Content is reported to Torina Collis as being offensive or  inappropriate, we may ask the Member to retract or otherwise modify the  questionable content within 24 hours of being notified by Torina Collis. Should  the Member fail to meet such a request, Torina Collis has full  authority to either restrict the Member’s ability to post Member Content  OR to immediately terminate the membership of the Member, without  further notification to the Member. 

Without  limiting the foregoing, we have sole discretion to remove any Member  Content that violates this Agreement or is otherwise objectionable in  our sole discretion. 

Members  are responsible for complying with all applicable federal and state  laws for their content, including copyright and trademark laws. Members  shall respect copyright and trademark laws. 

You  warrant that you will not use our Services to infringe the intellectual  property rights of others in any way. In accordance with the DMCA and  other applicable law, we have adopted a policy of terminating Members  who we deem, in our sole discretion, to be infringers of other’s  intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:

1) upload, post or otherwise transmit any Member Content that:

a. Violates any local, state, federal, or international laws.

b. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.

c. Harms,  threatens, defames, promotes violence or illegal activities, or is  otherwise vulgar, obscene, abusive, harassing, tortuous, libelous,  invasive of another’s privacy, hateful, or racially, ethically or  otherwise objectionable.

d. Links directly or indirectly to any materials to which you do not have a right to link.

e. Contains  any private information of any third party, including, without  limitation, addresses, phone numbers, email addresses, Social Security  numbers and credit card numbers.

f. contains  software viruses or any other computer code, files or programs designed  to interrupt, destroy or limit the functionality of any computer  software or hardware or telecommunications equipment, or to extract  information from our Website or Services.

g. Contains  any unsolicited or unauthorized advertising, solicitations, promotional  materials, "junk mail," "spam," "chain letters," "pyramid schemes," or  any other form of solicitation.

h. You  do not have a right to transmit under any law (i.e. intellectual  property laws) or under contractual or fiduciary relationships (i.e.  non-disclosure Agreements).

i. In  the sole judgment of Torina Collis, is objectionable or which restricts  or inhibits any other person from using or enjoying our Website or  Services, or which may expose Torina Collis, our affiliates, or our  Users to any harm or liability of any type.

2) use our Content to:

a. Develop a competing website.

b. Create compilations or derivative works as defined under United States copyright laws.

c. Re-distribute it in any manner, including, but not limited to, sale, license, lease,  rental, subscription, or any other distribution mechanism.

3) Decompile, disassemble or reverse engineer our Website, Services, and any related software. 

4) Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

Use of Information

We  reserve the right, and you authorize us, to the use and assignment of  all of your information regarding your use of our Website and Services  in any manner consistent with our Privacy Policy. 

All  remarks, suggestions, ideas, graphics, or other information  communicated by you to us (collectively, “Submission”) is considered  assigned to us and is as such considered our property. We will not be  required to treat any Submission as confidential, and will not be liable  for any ideas (including without limitation, product, service or  advertising ideas) and will not incur any liability as a result of any  similarities that may appear in our future products, services or  operations. 

Without  limitation, we will have exclusive ownership of all present and future  existing rights to the Submission of every kind and nature everywhere.  We will be entitled to use the Submission for any commercial or other  purpose whatsoever, without compensation to you or any other person  sending the Submission. You acknowledge that you are responsible for  whatever material you submit, and you, not us, have full responsibility  for the message, including its legality, reliability, appropriateness,  originality, and copyright.

Privacy Policy

Our Privacy Policy is considered part of this Agreement. You must review this Privacy Policy by clicking on this link.

Unlawful Activity

We  reserve the right to investigate complaints or reported violations of  this Agreement and to take any action we deem appropriate, including but  not limited to reporting any suspected unlawful activity to law  enforcement officials, regulators, or other third parties and disclosing  any information necessary or appropriate to such persons or entities  relating to your profile, email addresses, usage history, posted  materials, IP addresses and traffic information.

Linking to Our Website

You  may provide links to our Website, provided (a) that you do not remove  or obscure, by framing or otherwise, any portion of our Website, (b)  your website does not engage in illegal or pornographic activities, and  (c) you discontinue providing links to our Website immediately upon  request by us.

Links to Other Websites

Our  Website may, from time to time, contain links to third party websites.  These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee,  warrant, or recommend the services, information, content and/or data of  such third party websites. Torina Collis has no control over the legal  documents and privacy practices of third party websites; as such, you  access any such third party websites at your own risk. 

Payments

You  represent and warrant that if you are purchasing something from us that  (i) any credit information you supply is true and complete, (ii)  charges incurred by you will be honored by your bank or credit card  company, (iii) you will pay the charges incurred by you at the posted  prices, including any applicable taxes, and (iv) if your initial payment  method is dishonored, you will still pay the charges incurred,  including any surcharge we may incur due to such dishonored payment.

Refund and Return Policy 

To  the extent that you purchase any goods directly from us, we may refund  you your purchase price within thirty (30) days of you notifying us in  writing of your desire for the refund, together with the reason for the  request, subject to the return of the product to us in substantially the  same condition as when purchased. Any refund or return may be subject to restocking fees as found on our Website. 

Indemnification

You  agree to indemnify, defend and hold us and our partners, agents,  officers, directors, employees, subcontractors, successors, assigns,  third party suppliers of information and documents, attorneys,  advertisers, product and service providers, and affiliates harmless from  any liability, loss, claim and expense, including reasonable attorney’s  fees, related to your violation of this Agreement or use of our Website  or Services. 

Arbitration 

Any  legal controversy or legal claim arising out of or relating to this  Agreement and/or our Service, excluding legal action taken by us to  collect or recover damages for, or obtain any injunction relating to,  website operations, intellectual property, and our Service, shall be  settled solely by binding arbitration in accordance with the commercial  arbitration rules of the American Arbitration Association. Any  such 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 arbitration shall be conducted in Waldorf, Maryland, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Waldorf, Maryland necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

General Terms

This  Agreement shall be treated as though it were executed and performed in  Waldorf, Maryland, and shall be governed by and construed in accordance  with the laws of the State of Maryland without regard to conflict of law  principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should  any part of this Agreement be held invalid or unenforceable, that  portion shall be construed consistent with applicable law and the  remaining portions shall remain in full force and effect. To the extent  that any Content is in conflict or inconsistent with this Agreement,  this Agreement shall take precedence. Our failure to enforce any  provision of this Agreement shall not be deemed a waiver of such  provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

This  Document is protected under United States and foreign copyrights. The  copying, redistribution, use or publication by you, is strictly  prohibited.