The following Terms & Conditions of Use (the “Agreement”) constitutes an agreement between you and Carol Mabe, operator of carolmabe.com (the “Website”). By using the Website, you agree to be bound by and accept the terms of this Agreement.
Carol Mabe may alter the terms of this Agreement from time to time without prior notice to you. No alteration of this Agreement by you will be binding upon Carol Mabe except as expressly agreed in writing and signed by Carol Mabe or an authorized agent of Carol Mabe.
Please read this Agreement carefully. This Agreement limits Carol Mabe’s liability and may substantively affect your rights.
1. Use of the Website
Permitted Use of the Website. Use of and access to the Website are limited by the terms of this Agreement. You agree:
- Not to use any robot, spider, scraper or other automated means to access the Website for any purpose without Carol Mabe's express written permission.
- Not to take any action that imposes, or may impose in Carol Mabe’s sole discretion, an unreasonable or disproportionately large load on Carol Mabe’s servers or other infrastructure, or to interfere or attempt to interfere with the proper operation of the Website or any activities conducted on the Website.
- Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website, including but not limited to “framing” Website content within another site, except for your own reasonable personal use, without the prior express written permission of Carol Mabe.
- To use the Website only for lawful purposes, and to comply with all applicable laws and regulations in connection with your use of the Website.
Use of User Accounts. Access to certain areas of the Website, and content and services contained therein, require the creation of a User Account having a unique user name and password. Without limiting the foregoing, you may not share your user name and/or password for your User Account with any third party except those within your immediate business organization under your direct control. You are responsible for all activities of persons using your User Account to access the Website, including but not limited to such person’s compliance with the terms of this Agreement.
Termination of Use - Carol Mabe may at her sole discretion terminate or limit your use of the Website for any reason, including without limitation for any violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in Carol Mabe’s sole opinion adversely impacts the operation of the Website. Carol Mabe may so terminate or limit your use of the Website without prior notice to you. If such termination or limitation is for reasonable cause, Carol Mabe will not be obligated to refund any fees paid by you.
2. Services
Services Generally. Carol Mabe may provide services in connection with the Website. Carol Mabe will make her best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless Carol Mabe for any damages arising out of your use of the Website, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Website.
3. Products and Related Information
Information products offered for sale by Carol Mabe are not intended to provide exact or precise advice. The entire contents are opinions expressed by the author(s) and source(s), gathered over years of practical experience. The author and publisher disclaim any liability for personal loss caused by the use of, misuse of, or inability to use any or all of the information contained within these products and Web pages. Use this information at your own risk.
Use of Products. Carol Mabe, her publisher and agents shall not be liable for any damages or causes of action arising out of your use of Carol Mabe's products and/or your reliance on the information provided on the Website.
4. Third Party and Other Content
Third Party Content. Carol Mabe may provide content authored by third parties such as articles, interactive educational content, seminars, interviews, and audio and audio-visual content (“Third Party Content”). The views expressed in Third Party Content are those of the authors of such content and not necessarily of Carol Mabe. Carol Mabe shall not be liable for the truth or accuracy of Third Party Content.
Other Site Content. Carol Mabe may provide additional content which is not Third Party Content. Carol Mabe will make her best efforts to assure the accuracy of such content. You agree to release and hold harmless Carol Mabe for any damages arising out of your use of or reliance on such content.
5. Offsite Links
The Website may contain links to world wide web content which is not a part of the Website. You agree and acknowledge that Carol Mabe is not responsible for such content.
6. Privacy
Personal Information. Carol Mabe does not share your personal information with third parties except as necessary to complete transactions initiated by you for Carol Mabe products and/or services.
Cookies and Tracking Technologies. Carol Mabe may use cookie and tracking technologies to evaluate effectiveness of web pages, track shopping related information including shopping cart content data and to provide an online experience that will be most beneficial to you.
Maintenance of Information. Carol Mabe will make her best efforts to maintain all user information securely. You agree to release and hold harmless Carol Mabe for any damages arising out of any failure of such efforts.
7. Carol Mabe Intellectual Property
The Website contains intellectual property protected under applicable state and federal law. You agree not to violate any valid intellectual property rights in connection with your use of the Website.
Website Content and Website layout are copyright Carol Mabe. The visual appearance of the Website is protected trade dress of Carol Mabe under 15 U.S.C. § 1125 et seq.
8. Rights of Intellectual Property Owners
Carol Mabe respects the intellectual property rights of others, and operates the Website in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq.
Owners of intellectual property rights, including but not limited to rights in the nature of trademark, patent or copyright (“Rights Owners”), who believe your User Provided Content or other content you provide infringe their intellectual property rights may request that Carol Mabe remove your User Provided Content or other content you provide the Website. Upon receiving a valid request from such an owner, Carol Mabe will remove the allegedly infringing User Provided Content or other content you provide and notify you in accordance with 17 U.S.C. § 512.
Upon receiving a notification pursuant to the preceding paragraph, you may counter notify Carol Mabe.
9. Warranties
CAROL MABE HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE WEBSITE.
10. Dispute Resolution
Any dispute arising out of use of the Website or this Agreement shall be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of North Carolina and agree not to bring any action against Carol Mabe in any other jurisdiction. Nothing in this Agreement shall limit the rights of Carol Mabe to initiate an action against you in any other jurisdiction where such jurisdiction may be properly exercised.
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