PLEASE READ THESE TERMS OF CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you agree to fully comply with and be bound by the following Agreement each time you use this website. If you do not agree to these Terms and Conditions, please do not use the website.
Effective Date: May 25
This web page represents a legal document and is the Terms and Conditions (“Terms”) for our website TheiCANCollective.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.
The terms “we”, “us”, and “our” refer to The iCAN Collective, LLC. The term “Site” refers to TheiCANCollective.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
All text, information, graphics, design, photos, images, materials, documents, data and intellectual property accessible on or offered through our Website or Services, are collectively known as our “Content” is our property and is protected by the United States intellectual property laws. On the Site we provide interviews, blog posts, podcast and marketing coaching (the “Service”).
Use of the Site including all materials presented herein and all online services provided by us, whether made available for purchase or not is subject to the following Terms. These Terms apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms, without modification, and acknowledge reading them.
Intellectual Property Rights
The Site and/or Service contain intellectual property owned by The iCAN Collective, LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as The iCAN Collective name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” 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 The iCAN Collective, LLC.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are found to be violating this intellectual property policy.
You are permitted to enjoy the content of our website for your personal, non-commercial use.
You are permitted to hypertext link to the content of our website provided that you give full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the website page from which the content was obtained.
Our content, as found within our Website and Services, is protected under United States intellectual property rights laws. Copying, redistribution, use or publication for commercial use by you of any such Content is a violation of our intellectual property rights. Your use of our Website and Services does not grant you any ownership right to our Content.
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made before you use Content by sending an email to email@example.com.
We grant you a nonexclusive, nontransferable, 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, noncommercial purposes, unless otherwise provided in this Agreement. No printout 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.
Your License to Us
You grant us a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Visitor Content”) to our Website, you are granting us and any affiliates, a license to use the Visitor Content in connection with the operation of our business, including without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat your Visitor content. You understand and agree that you will not be compensated for any Visitor Content. By posting Visitor Content on our Website or Service, you warrant and represent that you own the rights to the Visitor Content or are authorized to post, display, distribute, perform, or transmit Visitor Content.
You may use the Site and/or Service for lawful purposes only. You agree to use the Site and/or Service and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, encourages conduct that would constitute a crime or for fraudulent purposes.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and The iCAN Collective, LLC.
Choice of Law and Jurisdiction
These Terms will be treated as if it were executed and performed in Chicago, IL and will be governed by and construed in accordance with the laws of Illinois without regard to conflict of laws provisions. 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.
Any legal controversy or claim arising from or relating to these Terms 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, will begin with an attempt to resolve any dispute, claim or controversy by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. The exclusive venue of any dispute resolution will be conducted in Chicago, IL. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, IL necessary to protect the rights or property of you and us pending the completion of arbitration.
We reserve the right to investigate complaints or reported violations of these Terms and 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.
Links to Other Websites
Our Website may from time to time contain links to 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.
You represent and warrant that if you are purchasing something from us, (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 incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund and Return Policy
Due to the nature of our products and the extensive time, effort and preparation that goes into creating them we have a NO REFUND policy. Unless otherwise provided by law, you now acknowledge that we do not offer refunds for any digital products for any portion of your payment. By purchasing any products you understand and agree all sales are final and no refunds will be provided. We take pride in our products and programs and the ability to service a wide range of clients. If you are dissatisfied, please contact us at firstname.lastname@example.org
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 free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of our Website or Services.
Severability and Survival
Should any part of these terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, THE iCAN COLLECTIVE, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE iCAN COLLECTIVE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE iCAN COLLECTIVE, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE SITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU THE iCAN COLLECTIVE, LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $50.
No Warranty or Liability
The information presented on TheiCANcollective.com is provided “as is” and “as available,” without representation or warranty of any kind. The iCAN Collective, LLC does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
You agree that The iCAN Collective, LLC is not liable to you or others, in any way or for any damages of any kind, arising from the use of TheiCANcollective.com, including, but not limited to, liability or damages caused by viruses contained within electronic files of this site or any linked site, regardless of prior notice to our office.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
The terms “we”, “us”, and “our” refer to The iCAN Collective, LLC. (DBA [The iCAN Collective, LLC]) (the “Company”). The term “Site” refers to TheiCANcollective.com The term “User,” “you” and “your” refers to site visitors, customers and any other users of the site.
Personal Identifying Information (“PII”)
PII means information about you that specifically identifies you. This includes the following types of information: your name, email address.
Non-Personal Identifying Information
We may collect non-personal identifiable information (“NII”) about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
How We Collect Your Information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, a name and an email address.
Communication Through Comments
Our website uses advertising remarketing services. Our remarketing service is provided by Facebook and Google and other companies that show ads on websites across the Internet. With remarketing you may see ads for our products you have previously looked at. For this to happen, Google and/or Facebook uses technology that is activated when a visitor lands on a web page and a unique “cookie” is placed in their browser.
We use Google Analytics to collect information about the use of our site. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page. Google collects only the IP address assigned to you on the date you visit our site, operating system and browser type; it does not your name or other identifying information. We then use the information to compile reports and to help us improve our site. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page.
Web Browser Cookies
Our Site may use ‘cookies’ to enhance User experience. A cookie is a small piece of data or text stored in your computer or mobile device by your web browser. Your web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. You may manage how your browser handles cookies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available.
We follow the Children’s Online Privacy Protection Act (COPPA). Our website is not designed for use by anyone under the age of 13. We do not knowingly collect PII from a child under the age of 13. Please contact us if your child has provided personal information to us and we will delete the information. If we discover on our own that a child under 13 has been accessing our website, we will delete this information soon after we discover it.
How We Use Collected Information
We will use this information to:
operate, maintain and improve the Site and our services;
provide you with interest-based communication, offers, and promotions for products and services from us;
process transactions and send you related information, including confirmations and receipts;
respond to your comments, questions and requests and provide customer service;
perform analytics and conduct consumer research;
send you reminders, security alerts, technical notices, updates, support and administrative messages, service bulletins, marketing messages, and requested information; and
provide news and information we think will be of interest to you.
Business Transfers or Company Changes
The iCAN Colective, LLC reserves the right to disclose, transfer, or license any and all information related to the Site, including PII, to a subsequent owner, co-owner or operator of one or more of the Sites or any portion or operation related to part of one or more of the Sites; or in connection with a corporate merger, consolidation, or restructuring, the sale of substantially all of our interest and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.
How We Protect Your Information
We adopt appropriate and industry-standard encryption data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. However, no method is transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
While The iCAN Collective, LLC makes every effort to protect your personal information shared through theicancollective.com, you acknowledge that the personal information you voluntarily share through theicancollective.com could be accessed or tampered with by a third party. You agree that The iCAN Collective, LLC is not responsible for any intercepted information shared through TheiCANCollective.com without its knowledge and permission. Additionally, you release The iCAN Collective, LLC from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
Sharing Your Personal Information
We do not sell, trade, or rent Users personal identification information to others for marketing purposes. We may provide your PII to vendors, business partners, and trusted affiliates under the following who provide services with regards to our website (such as payment processors, shipping companies, United States Postal Service and other service providers) or with whom we jointly offer products and services.
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use MailerLite and WIX to power our newsletter. We also use Facebook Pixels and Google Analytics to help us understand how our visitors use the Site.
We may be legally required to disclose your PII if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of our Terms and Conditions; (d) necessary to combat fraud or criminal activity, to protect our rights or those of our affiliates, users, and business partners; (e) necessary to protect us from legal action or claims from third parties, including you and/or other visitors; and (f) necessary to protect the legal rights, personal/real property, or personal safety of our company, users and employees.
Third Party Websites
Managing Your Personal Information
You can access, update and delete your PII you provided to us or by managing this information through an online account (if you have one) or by sending us an email at theicancollective.com. You may choose not to receive e-mails from us by following the instructions contained in any of the e-mails we send or through the unsubscribe link at the footer of all e-mail communications. We manage e-mail lists through a list management system. Unsubscribing from one list managed by us will not necessarily remove you from all publication email lists. We may still e-mail you non-commercial emails related to your account and your transactions on the Site.
We will retain your PII for as long as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. Your information may be retained in electronic form, paper form, or a combination of both. When your information is no longer needed, we will destroy, delete, or erase it. If you have questions or are experiencing problems unsubscribing, please contact us at email@example.com
Updated May 25, 2018.