Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE:

This website is owned and operated by the Cindi Cohn Brand (please refer to our Privacy Policy for further clarification), hereinafter referred to as “the Business”, “we” or “us”.

"You”, “yourself” and “your” refers to yourself, the individual reader and user of this website and its associated Disclaimers and Privacy Policy.

“Client” refers only to those who have paid for a Professional-Client relationship with us (see below for further clarification).

Any use of the above terminology or other words in the singular, plural, capitalization or lower case, and/or, he/she or they are taken as interchangeable and therefore refer to the same.

Your Use of This Site

Your access to and use of this website, as well as all related digital pages, offers and social media channels as operated by the Business at any time (which includes www.cindicohn.com and all related digital pages and social media channels associated thereto, collectively referred to as the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws.

By using this Site and all associated digital pages and/or any of the Business’s social media channels, you signify your understanding and acceptance of, and consent to (without limitation or qualification) all terms, conditions and disclaimers as contained herein. If you do not agree to these Terms of Use, our Privacy Policy or the Disclaimers, please do not use this Site or any associated digital pages or social media channels.

By using this Site and all associated digital pages and social media channels, you hereby acknowledge that any other agreements between you, the Business, or any of its owners, officers, employees or representatives - as well as your use of this Site - are superseded and of no force or effect, and that these Terms of Use now constitute a tacit Agreement (this “Agreement”) between yourself, the Site, Ms Cindi Cohn as the current business owner and as an individual, and the Cindi Cohn Brand in its entirety representing the Business.

We may revise this Agreement at any time, and the use of the Site after such changes are posted will automatically indicate your agreement to the revised terms and all associated disclaimers hereto. You should visit this page periodically to review this Agreement.

The disclaimers, along with these Terms of Use and our Privacy Policy, governs your access to and use of the Site and all associated digital pages and social media channels, including all content, resources, downloadable material, graphics, software, products, offers, programs and services offered on or through www.cindicohn.com (whether as a guest user, paid client, a registered affiliate or in membership capacity).

By accessing and using the Site and all associated digital pages and social media channels, and by downloading or purchasing any of our content, resources, products, offers or services related hereto, or by clicking to accept and agree to these Terms when this option is made available to you, you hereby understand, accept and agree to be bound and abide by all Terms of Use, our Privacy Policy and our Disclaimers. If you do not want to agree to our Privacy Policy, our Terms of Use or the Disclaimers contained in both, then you must not access or use this Site or any of the associated digital pages or our social media channels.

By actively making a booking with us (whether online or in person), you hereby affirm that you clearly understand, accept and agree to all the Terms of Use related to the Business as well as the terms of our Privacy Policy and all our Disclaimers. Your statutory consumer rights remain unaffected.

All Terms of Use contained herein by default refer to the eventual offer, acceptance of and consideration of payment necessary to undertake the process of assisting you in a Professional-Client capacity in the most appropriate manner; whether by booked meetings (either in person or virtual) of a fixed duration or by any other means for the express purpose of meeting our Clients’ needs in respect of the provision of our stated services and/or products, and in accordance with and subject to prevailing law.

Copyright Infringement & DMCA Policy

The Cindi Cohn Brand asks others to respect its intellectual property rights, just as it respects the intellectual property rights of others. If you believe that material located on or linked to this Site violates your copyright, you are encouraged to notify us in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. The Business will respond to all such notices, including as required or if appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of the Cindi Cohn Brand or others, the Business may, in its sole discretion, terminate or deny access to and use of the Site. In the case of such termination, the Business will have no obligation to provide a refund of any amounts previously paid to the Cindi Cohn Brand.

Ownership of Material & Intellectual Property Rights

All materials and content displayed or otherwise accessible through this Site and all its related digital pages and/or social media channels - including, without limitation, articles, text, photographs, eBooks, eGuides, images, videos, illustrations, and the website itself - are protected under American and foreign Copyright or other laws appropriately, and are owned by the Business.

Any use, reproduction, modification, alteration, public performance or display, uploading or posting onto the internet (including placing on another website), transmission, redistribution or other exploitation of this website or of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of the Cindi Cohn Brand.

All multi-media embedded in or located on or at this Site, including, without limitation, all digital purchases, or media that does not include an embed or sharing facility is protected by copyright and may be protected by other rights. You are hereby granted the right to access and use these items subject to

(i) the terms and conditions of this Agreement; and

(ii) any additional conditions which may be imposed on your access at the time of purchase

You hereby accept and agree that all the information, content, resources and materials as provided in this Site and throughout the Business’s associated digital pages and social media channels - as well as all other content, videos, training materials, products, shared resources, services and/or other materials (whether digital or print) – which are made available to you by any of its owners, officers, employees or representatives, as well as the look and feel of all of the foregoing (collectively referred to as the “Content”), are maintained for your personal use and information by the Business and shall remain the property of the Business and/or any third party associates, partners, suppliers or service providers.

You also hereby accept and agree that all such aforementioned Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, audio and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site and throughout all social media channels.

No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Business. Modification of the Content or use of the Content for any other purpose is a violation of copyright and other proprietary rights of the Business, as well as the authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Business and/or as may be opted-in to by way of a registration process on one of the Business’s associated digital pages.

All Content such as text, data, graphics files, videos, audio and sound files, and other materials contained in the Site, are deemed to be copyrighted unless otherwise noted and are the property of the Business and/or a supplier to the Business. No such materials may be used except as provided in these Terms of Use.

All trade names, trademarks, images and biographical information of people used in the Business Content and contained in the Site and all associated digital pages and social media channels, including without limitation the name and trademark of the Business’s key terms or phrases, are either the property of, or used with permission by, the Business. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use.

Any unauthorized use of the Business’s Content may violate the copyright, trademark and/or other proprietary rights of the Business and its owners, officers, members, employees or associate representatives, agents, affiliates or other third parties, as well as laws of privacy and publicity and other regulations and statutes.

Nothing contained within this Agreement or in this Site or any of the Business’s associated digital pages or social media channels shall be construed as granting, whether by implication or otherwise, any license or right to use any trademark or other proprietary information without the express written consent of the Business or any associated third party owner.

The Business respects the copyright, trademark and all other intellectual property rights of others. The Business reserves the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on this Site or in any Content in any way, you may notify the Business at cindi@CindiCohn.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

Disclaimers

All the Business’s Disclaimers, along with all the Terms of Use as contained herein and the Privacy Policy, governs your access to and use of this Site and all associated landing pages and social media channels, including any content, functionality and services offered on or through the Site whether as a guest user, unique visitor, paid client or as a registered user in an affiliate or membership capacity. Please read all these Terms and Disclaimers carefully before you start to use the Site.

By using the Site and any of the associated digital pages or social media channels, or by clicking to accept or agree to the Terms when this option is made available to you, you hereby acknowledge, accept and agree to be bound and abide by the Disclaimers. If you do not want to agree to the Privacy Policy, you must not access or use this Site or any associated Content.

No Professional-Client Relationship

Your use of this Site - including the implementation of any suggestions, tips or recommendations as may be set out herein or through the use of any content and resources as is made available to you within this Site and its associated digital pages and/or as may be accessed on or through the Business’s social media channels – does not create a Professional-Client relationship between you and Ms Cindi Cohn, the Business or any of its owners, officers, members, professionals, employees or representatives.

The Business cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements and payments, are met. You hereby acknowledge, accept and agree that we have not created any Professional-Client relationship with you simply by the use of this Site or any of its associated digital pages or social media channels.

For Educational & Informational Purposes Only

The information contained on this Site, all associated digital pages and as may be accessed on or through any of the Business’s social media channels, and any content or resources made available for download through this Site are for educational and informational purposes only.

This Site and all Content, resources, products and services as provided or promoted by the Business are provided on an ‘As Is' basis. By accessing and using this Site, as well as any associated digital pages and social media channels, you hereby acknowledge and agree that the use of this Site and all Content related to the Business activities is entirely at your own risk.

The Business makes no representations or warranties regarding this Site or any of its Content or associated digital pages or social media channels, including, without limitation, no representation or warranty:

(i) that this Site’s content will be complete, reliable, accurate, suitable or timely;

(ii) that any Content, including, without limitation, any information, data, product or service contained in or made available through this Site or any of its associated digital pages or social media channels will be of merchantable quality or fit for a particular purpose;

(iii) that the operation of this Site will be uninterrupted or error free;

(iv) that defects or errors in this Site will be corrected;

(v) that this Site will be free from viruses or harmful components; and

(vi) that communications to or from all associated digital pages, other web pages or our social media channels will be secure or not intercepted.

User’s Personal Responsibility

By using this Site and all associated digital pages and/or any other Content, products, resources or services as may be shared on or through the Business’s social media channels, you hereby accept personal responsibility for the results of your actions. You hereby acknowledge, accept and agree to take full responsibility for any harm or damage you may suffer as a result of the use, or non-use, of the information made available on this Site or throughout any of our Content, resources or products available for download from this Site. You accept and agree to use your own discernment and to conduct due diligence before taking any action or implementing any plan or policy as may be suggested or recommended on this Site or any of the Business’s associated digital pages or social media channels.

No Guarantees

You hereby agree that neither the Business nor any of its owners, officers, members, employees, representatives, licensors, agents or affiliates as however may be the case, has not made any guarantees about the results of taking any action, whether recommended online or not.

The Business provides educational and informational content and resources that are intended to help users of this Site (and all associated digital pages and social media channels) succeed in their team building, employee engagement, event management and in finding joy in life. You nevertheless recognize that your ultimate success or failure will be the result of your own actions and efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Business or any of its owners, officers, members, employees, representatives, licensors, agents or affiliates as however may be the case.

You also hereby acknowledge, accept and recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others (whether as signed in a Professional-Client relationship or as general consumers of the Cindi Cohn Brand’s Content) or as otherwise due to having applied the principles and/or teachings set out in this Site or through associated digital pages or social media channels, represent no guarantee whatsoever that you or any other person or entity will be able to obtain similar results.

No Warranties

The Business makes no warranties regarding the performance or operation of this Site or any associated digital pages or social media channels. The Business further makes no representations or warranties of any kind, whether express or implied, as to the information, contents, resources, materials, products, documents, programs, books, guides, or services included on or through this Site or any of its associated digital pages or social media channels.

To the fullest extent permissible by law, the Cindi Cohn Brand hereby disclaims all warranties, whether express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Not Professional Advice

The information contained on this Site, any associated digital pages and/or as may be made available for download on or through any social media channels, is not intended as, and shall not be understood or construed as, professional advice.

While all representatives, agents, employees and/or owners of the Cindi Cohn Brand are professionals and the information provided on this Site relates to issues within the business’s area of professionalism, the information, Content and resources as contained on this Site and as may be shared on the brand’s social media channels is not a substitute for advice from a counselling professional who is aware of the facts and circumstances of your individual situation.

We have done our best to ensure that the information provided on this Site, including all Content and resources made available to you, is accurate and provides valuable information. Regardless of anything to the contrary, nothing available on or through this Site or any associated digital pages or social media channels should be understood or construed as a recommendation that you should not consult with a counselling professional to address your particular situation. The Cindi Cohn Brand herein expressly recommends that you seek advice from a professional prior to taking action.

Furthermore, neither the Cindi Cohn Brand nor any of its representatives, employees, members or owners shall be held liable or responsible in any way for any errors or omissions on this Site or associated digital pages or our social media channels for any damage you may suffer as a result of failing to seek competent advice from a counselling professional who is familiar with your situation.

You hereby understand, acknowledge and accept that any speaking or training engagements, private coaching or consulting, event planning initiatives, products or services as may be shared throughout this Site and any associated digital pages or our social media channels does not supersede or replace any advice, prescriptions or recommendations as provided to you by any healthcare or medical professional regardless of your country or origin.

You also hereby understand, acknowledge and accept that any such speaking or training engagements, private coaching or consulting, event planning initiatives, products or services as may be shared throughout this Site and any associated digital pages or social media channels as promoted does not in any way replace or alter any current, past or future medical advice as was, is or may be recommended or prescribed by any other healthcare or medical professional regardless of your country of origin.

Errors & Omissions

This World Wide Web Site is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up to date. While the Cindi Cohn Brand has taken reasonable steps to ensure that the information, Content and resources as contained in this Site and throughout all associated digital pages and social media channels is accurate, we cannot represent that they are free of errors.

You hereby acknowledge, agree and accept that the information, content and resources as contained on this Site and on all associated digital pages and social media channels may be erroneous, and you hereby agree to conduct your own due diligence to verify any information obtained from this Site and/or its Content and resources made available to you prior to taking any action. You hereby expressly agree not to rely upon any information, Content or resources as contained in this Site or associated digital pages or social media channels.

Testimonials

At various places throughout this Site and any associated digital pages and social media channels, you may find testimonials from Clients of the products and/or services offered on this Site or by the Cindi Cohn Brand in another capacity. These testimonials are actual statements made by Clients and/or consumers and have been truthfully conveyed, even if we had to shorten and/or amend wording prior to publication for visual and/or spelling and/or grammar purposes.

Although these testimonials are truthful statements about results obtained by the brand’s Clients and/or other general consumers, the results obtained by these Clients and/or general consumers are not necessarily typical. You hereby acknowledge, recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services as offered on this Site, any associated digital pages or social media channels, or as testified to by the Cindi Cohn Brand.

THE USE, ENJOYMENT, APPLICATION AND ANY ON-GOING IMPLEMENTATION OF ANY SHARED INFORMATION, RESOURCES, MATERIALS, TOOLS AND CONTENT IN A PROFESSIONAL-CLIENT RELATIONSHIP BETWEEN A CLIENT AND THE CINDI COHN BRAND IS PERFORMED AT THE SOLE DISCRETION OF THE INDIVIDUAL RECEIVING SUCH CONSULTING, EVENT PLANNING, COACHING OR OTHER SERVICES AND PRODUCTS THAT THE BRAND MAY PROMOTE.

Success Disclaimer

From time to time, the Cindi Cohn Brand and any of its owners, officers, representatives and/or employees may report on the success of its existing and/or prior Clients or general consumers. The information about this success is accurately portrayed. You hereby acknowledge and recognize that the prior success of others does not guarantee your success.

As with any business, however, your results may vary and will be based on your individual capacity, experience, expertise, skill sets and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will enjoy success at all. Each individual’s success depends on his or her background, dedication, desire, current available resources and motivation.

The use of our information, products, offers and/or services should be based on your own due diligence and you hereby expressly agree that the Cindi Cohn Brand is not liable for any success or failure of your business that is directly or indirectly related to the purchase of or use of any of the information, Content, resources, products and/or services as reviewed or advertised on this Site and any of the associated digital pages or social media channels.

Our products and services are intended to help bring more joy into your life and to offer seamless event planning, hosting and facilitation experiences as promoted.

Our products and services require your commitment and discipline, just like any worthy endeavor or other higher learning, virtual event or educational offer. Although every effort has been made to accurately represent the brand’s products and services, examples of past Client successes are not to be interpreted as a promise or guarantee of any kind in terms of your own success.

The Cindi Cohn Brand and its owners, officers, employees and representatives feel that transparency is important, and we hold ourselves – and you – to a high standard of integrity and authenticity.

By using this Site or any related Cindi Cohn Brand materials, you hereby agree to take full responsibility for your own success. Our team is here to support you, but you should always do your own due diligence before making any investment or taking any risk.

Registrations & Use of Passwords

To access certain pages and features of this Site or any associated digital pages or communities, you may be asked to opt-in or register with the Cindi Cohn Brand. Thus, you hereby acknowledge, accept and agree:

(i) that the brand reserves the right to refuse registration access to any individual or organization at any time,

(ii) to provide true, accurate, current and complete information about yourself as prompted by any form provided by the brand, and

(iii) to maintain and promptly update the information you provide to the brand so as to keep it true, accurate, current and complete.

If the Cindi Cohn Brand has reasonable grounds to suspect that such information is misleading, inaccurate, not current or is incomplete, then the brand and its owners, officers, employees or representatives reserve the right to suspend or terminate your access to and use of this Site and any of its associated digital pages or social media channels.

The brand’s use of any personally identifying information you provide as part of a registration process is governed by the terms of our Privacy Policy. You hereby acknowledge, accept and agree that it remains your responsibility to maintain the confidentiality of your password(s) and account(s) with or related to the Cindi Cohn Brand, and that you are responsible for all activities that occur by using your password(s) and/or account(s) with the brand.

You hereby agree to notify the brand immediately at cindi@CindiCohn.com of any unauthorized use of your password(s) or account features or any other breach of security, and to ensure that you exit from your account(s) at the end of any session for which a password is required.

The Cindi Cohn Brand cannot and will not be held liable for any loss or damage arising from your failure or the brand’s failure to protect your password(s) or any associated account information.

Affiliate Links

From time to time, the Cindi Cohn Brand participates in affiliate and/or referral partnership marketing and may allow affiliate links to be included on some of our digital pages as well as on any of our social media channels. This means we may receive affiliate compensation when you click on or make purchases via the affiliate links we may share.

As a policy, the Cindi Cohn Brand will only affiliate with or refer products, services, mentors, coaches, consultants or other experts that we believe will provide value to our clients, consumers and followers. Any other experts that the brand refers to or recommends is not automatically intended as an endorsement or statement that the information referred to is accurate, whole or complete. We provide this information purely as a reference to users of our Site or associated digital pages and social media channels, but it remains your responsibility to conduct due diligence in order to verify the referred or suggested information, and to make your own determination prior to taking any further action.

You hereby acknowledge, agree and recognize that it remains your personal responsibility to investigate whether any affiliate or partnership offers are right for your personal situation and/or business requirements, and as to how said offers may benefit you.

You will not rely on any recommendation, suggestion, reference or information provided by the Cindi Cohn Brand but will instead conduct your own investigation and will rely upon your own discernment and judgement to decide whether to purchase the affiliate product or service.

The Cindi Cohn Brand hereby disclaims any liability for direct, indirect or consequential loss arising in connection with the use of any affiliate content or resources as may be shared throughout this Site or any associated digital pages or social media channels by any person or organization, whether in its original form or altered in some way by the user. The Cindi Cohn Brand also hereby expressly gives no warranties as to any results or improvements you may be expecting from any shared affiliate content, resources or information.

Other Links, Downloads, Features & Advertisements

This Site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Cindi Cohn Brand, nor by way of endorsement of the contents of such third-party websites.

We take no responsibility for the accuracy, content, or any aspect of that material, and disclaim any liability to you for such material or for any consequences of your decision to use the links provided or your use of such material.

We also hereby disclaim any and all liability from, and make no representations or warranties for, any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of those products and services at those other sites.

You hereby acknowledge, accept and agree that you shall not bring a suit or claim against the Cindi Cohn Brand or any of its owners, officers, employees or representatives arising from or based on your purchase or use of products or services through those other sites.

Links do not imply that the Cindi Cohn Brand or any of our affiliates sponsors endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of the Cindi Cohn Brand or any of our affiliates as may be the case. Our brand is also not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind whatsoever regarding any third-party website.

Limitation of Liability

YOU HEREBY AGREE TO FULLY ABSOLVE THE CINDI COHN BRAND AND ANY OF ITS OWNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES OF ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF THE USE OF THE INFORMATION, CONTENT AND/OR RESOURCES AS IS OR MAY BE CONTAINED ON THIS SITE AND ANY OF ITS ASSOCIATED DIGITAL PAGES AND SOCIAL MEDIA CHANNELS, INCLUDING ANY DOWNLOADABLE CONTENT, RESOURCES OR INFORMATION.

YOU HEREBY ACKNOWLEDGE, ACCEPT AND AGREE THAT THE CINDI COHN BRAND SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES AS MAY BE CAUSED TO YOU BY THE USE OF THIS SITE OR ANY OF ITS ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS.

THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES AND RESOURCES INCLUDED IN OR AVAILABLE THROUGH THIS SITE AND ANY OF OUR ASSOCIATED DIGITAL PAGES AND SOCIAL MEDIA CHANNELS MAY INCLUDE INACCURACIES OR TYPGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE CINDI COHN BRAND AND/OR ITS SUPPLIERS AND/OR PARTNERS MAY MAKE IMPROVEMENTS AND CHANGES TO THIS SITE AND ALL ASSOCIATED DIGITAL PAGES AND SOCIAL MEDIA CHANNELS AT ANY TIME.

THE CINDI COHN BRAND AND ITS OWNERS, OFFICERS, EMPLOYEES AND REPRESENTATTIVES – AS WELL AS ITS SUPPLIERS AND/OR PARTNERS AT ANY TIME – MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, CONTENT, RESOURCES, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE OR ANY ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS FOR ANY PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE CINDI COHN BRAND AND/OR ITS SUPPLIERS AND/OR PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, CONTENT, RESOURCES, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CINDI COHN BRAND AND/OR ITS SUPPLIERS OR PARTNERS, OWNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR ANY ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED PRODUCTS OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SAID PRODUCTS AND/OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, CONTENT, RESOURCES, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR ANY ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS, OR AS OTHERWISE ARISING OUT OF THE USE OF THE SITE, ITS ASSOCIATED DIGITAL PAGES OR SOCIAL MEDIA CHANNELS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE CINDI COHN BRAND OR ANY OF ITS SUPPLIERS OR PARTNERS, OWNERS, OFFICERS, EMPLOYEES OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Because some states and/or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this Site or any of its associated digital pages or social media channels, or with any portion of this Site and associated digital pages or any social media channels, or with any of these Terms of Use or our Privacy Policy, your sole and exclusive remedy is to discontinue using this Site and its associated digital pages or any social media channels.

The Cindi Cohn Brand also hereby expressly disclaims any liability for the acts, omissions or conduct of any third-party user of this Site or any of its associated digital pages and/or social media channels, as well as any advertiser or sponsor of this Site or its content or resources shared.

Under no circumstances shall the Cindi Cohn Brand or any of its owners, officers, employees or other representatives be held liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from

(i) the acts, omissions or conduct of any third-party user; and

(ii) any use or inability to use any resources, materials, content, goods or services located at or made available at any website linked to or from this Site or any of this Site’s associated digital pages or social media channels.

If you decide to access or use any linked website or content, resources, materials, goods or services from a website linked to this Site or any of this Site’s associated digital pages or social media channels, you do so entirely at your own risk.

Professional Indemnity

You hereby acknowledge, accept and agree to indemnify, defend and hold harmless the Cindi Cohn Brand and its owners, officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever; including, without limitation, legal fees and disbursements resulting directly or indirectly from:

(i) your breach of any of the terms and conditions of this Agreement,

(ii) your access, use or inability to access or use this Site or any of our associated digital pages or social media channels or other Content to which the brand’s Site is or may be linked to from time to time,

(iii) your use of, reliance on, publication, communication, distribution, uploading or downloading of anything on or from the brand’s Site and all associated digital pages and/or social media channels, and/or

(iv) your violation of any law or regulation.

Further Indemnification

You agree to indemnify and hold harmless the Cindi Cohn Brand and all its owners, officers, directors, employees, agents, licensors and affiliates (and their respective owners, officers, directors, employees and agents) from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of this Site, including but not limited to out of your violation this Agreement.

Performance

Neither the Cindi Cohn Brand nor any of its owners, officers, employees or representatives shall be responsible for any performance or service problems as may be experienced on or by any third party website, application or service provider such as your web hosting provider, your internet service provider, any online payment gateways such as PayPal, Stripe or Block, your software and/or any updates or upgrades to the hardware or software on your devices. Any such problem shall be governed solely by the agreement between you and said service provider.

The Cindi Cohn Brand reserves the right to determine, in its sole discretion, whether the brand is responsible for any malfunction or disruption to any online resources or activities. The Cindi Cohn Brand also reserves the right to limit your use of the Site and any of its associated digital pages and social media channels, as well as any Content provided, and to terminate your user account(s) should we have determined that you have violated any of these Terms of Use, or that you have violated any other rules or conditions of the brand.

Consent

When you opt in, subscribe or sign up in any other way to receive any content, resources or materials associated with the Cindi Cohn Brand, or when you register for anything on this Site and/or its associated digital pages or social media channels, you hereby give your consent to receive any notices, announcements, agreements, disclosures, reports, documents, electronic communications (including by way of email) concerning new products or services, and/or other records or correspondence from the brand.

You also hereby acknowledge, accept and agree that if or when you send comments, feedback and/or suggestions about this Site and any of its associated digital pages or social media channels – including, but not limited to, any notes, texts, WhatsApp communications, sms or text messages, emails, drawings, images, designs or computer programs or software – that such submissions shall become and shall remain the sole property of the Cindi Cohn Brand.

No submission shall be subject to any obligation of confidence on the part of the Cindi Cohn Brand. The brand shall exclusively own all rights to, including intellectual property rights thereto, such submissions and shall be entitled to unrestricted use, publication and dissemination of all such submissions for any purpose, whether commercial or otherwise, without any acknowledgment or compensation to you.

The Cindi Cohn Brand will not intentionally disclose any personally identifying information about you to third parties, except where the brand, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms of Use and any disclaimers as contained herein. By using the Site and any associated digital pages and/or our social media channels, you hereby signify your agreement to and acceptance of the Cindi Cohn Brand’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not continue to use this Site.

Neither the Cindi Cohn Brand nor any other party involved in creating, producing or maintaining the Site or any associated digital pages or social media channels, and/or any Content as contained on, in or downloadable from this Site and any associated digital pages or social media channels, shall be held liable, under any circumstances, for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of this Site and all related brand and business material whether now or in the future.

You also hereby acknowledge, accept and agree that all such Cindi Cohn Brand Content, whether whole or in part and howsoever provided to you, is provided “As Is” without warranty or guarantee of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose.

Security of Information on the Internet

You should note that any information sent or received over the internet is generally considered unsecure and neither the Cindi Cohn Brand nor any of its owners, officers, employees or representatives can or do make any representation or warranty concerning the security of any communications to or from this Site or any of its associated digital pages or social media channels.

The Cindi Cohn Brand shall use all commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system (whether or not password protected) can be entirely impenetrable. You hereby accept and acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify or distribute the data and files you store using this Site or any associated digital pages and/or social media pages pertaining to the brand. Use of the Site is completely at your own risk, and we ask you to refer to our Privacy Policy for further clarification to this subject.

You also hereby accept and agree that neither the Cindi Cohn Brand nor any of its owners, officers, employees or representatives make any representation or warranty regarding the interception by third parties of personal or other information as may be shared via our communications.

The Cindi Cohn Brand also doesn’t warrant that the use of any virtual event planning, hosting, facilitation or consulting educational training, materials, resources or services will be uninterrupted or error free, that defects will be corrected, or that this Site and any associated digital pages, social media channels or related Content shall be free from bugs or viruses or other harmful components. You assume all responsibility for any costs for any repairs and/or corrections as may be necessary.

Refund Policy

Any payments made to the Cindi Cohn Brand via any channel, whether via card debit, direct wire transfer (EFT or ACH) or otherwise, and across any payment gateway whatsoever regardless of your country of origin, are considered payment towards a Professional-Client and/or Consumer Relationship for the services and/or products as offered by the brand related to event planning, hosting, facilitation, organization, educational training, speaking and product sales such as book sales. All such payments, whether done in a virtual or in-person capacity, remain non-refundable.

By having made a payment for any of the aforesaid, it is automatically considered an acceptance of your agreement to the services and/or products as requested by you, and as quoted to you by way of verbal and/or other electronic agreement such as email or direct online purchase. However, should you wish to inquire about refunds or special payment arrangements, please email cindi@CindiCohn.com direct.

Payment arrangements require confirmation of acceptance by both parties.

The Cindi Cohn Brand reserves the right to levy a US$40.00 Surcharge Fee to cover all subsequent administrative expenses in lieu of any additional follow up communication needed for late payments at any time.

Any monies that remain outstanding after each due date as has been agreed to within a Professional-Client Relationship will incur a late payment surcharge at 5% of the Gross Total Amount Due at the time.

The Cindi Cohn Brand reserves the right to seek recovery of funds through a collections agency for monies remaining unpaid sixty (60) calendar days from the invoice and/or from the required date per the agreed terms for the Professional-Client Relationship agreement you have in place at the time. In such circumstances, you shall be liable for any and all additional administrative, banking and/or legal costs. Subsequently, any bookings and/or transactions as would have been due according to any Professional-Client Agreements will cease with immediate effect until such time as all monies outstanding are recovered in full.

You hereby accept and agree that any items as may be purchased from a third-party website or company are bound by their own refund and/or cancellation policies. Thus, if you purchase a product or service from another provider that will be processed on this Site or any of our brand’s associated digital pages or social media channels, then a different set of terms and conditions may display alerting you to any of the third party’s refund policies that you should be aware of which is specific to their product and/or service.

The Cindi Cohn Brand reserves the right to, in its sole discretion, refund any fees charged for the use of this Site and all its associated digital pages or social media channels and any related Content thereto, as well as for any products, services, training, speaking or event services, or any other one-on-one services or product sales (or only a pro-rata portion thereof).

Force Majeure

As a Client in a Professional-Client Relationship with the Cindi Cohn Brand, neither yourself nor the brand nor any other representative of or to the brand in its entirety shall be held liable to the other parties for failure to perform any obligation under any agreement if caused by an event beyond our control.

These events include, but aren’t limited to, riots, political or civil unrest, acts of war, terrorism, earthquakes, floods, any other Act of God or any other natural or man-made disaster outside our control. Thus, if any of the aforementioned prescribed events cause the termination of an agreement you may have in place at any time, then the affected party shall inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of the Agreement as contained herein.

IN NO EVENT SHALL THE CINDI COHN BRAND BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES (WHETHER FORESEEABLE OR NOT) INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED EVENT PLANNING, FACILITATION, HOSTING, SPEAKING, TRAINING OR CONSULTING OR PRODUCT MATERIALS, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION SHALL APPLY EVEN IF THE CINDI COHN BRAND HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Breach & Violation

You hereby accept, acknowledge and agree to indemnify and hold the Cindi Cohn Brand and its owners, officers, employees, representatives, affiliates or associates harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to:

(i) Your breach of this Agreement,

(ii) Any violation by you of the law or the rights of any other third party,

(iii) Any materials, resources, training, information, products, services, works and/or other Content of whatsoever nature or media that you post or share across any of the Business’s digital pages (including this Site) or social media channels,

(iv) Your use of this Site and any of the brand’s associated digital pages or social media channels, or your use of any of the brand’s Content, products or services,

(v) Your conduct in connection with this Site and any of the brand’s associated digital pages or social media channels, products or services; or with any other users related to the brand.

The Cindi Cohn Brand reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide the Cindi Cohn Brand with cooperation as is reasonably requested by the brand and/or its legal representatives.

Termination

The Cindi Cohn Brand may terminate your access to all or any part of the Site and any of its associated digital pages or social media channels at any time, with or without cause, with or without notice, and effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

General & Jurisdiction

This Site and all associated digital pages and social media channels (excluding any linked third party websites) are owned and controlled by the Cindi Cohn Brand. By accessing or using this Site, you agree that all matters relating to your access to, or use of, this Site and all associated digital pages and social media channels shall be governed by the laws of the state of Tennessee and the United States of America.

This Agreement constitutes the entire agreement between the Cindi Cohn Brand and yourself concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of the brand.

Except to the extent the applicable law, if any, provides otherwise, this Agreement and any access to or use of the Site will be governed by the laws of the state of Tennessee, USA, excluding its conflict of law provisions; and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Jefferson County, Tennessee.

The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Cindi Cohn Brand may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

The Terms of Use and all related disclaimers as disclosed herein are to be read in conjunction with our Privacy Policy. The provisions of these Terms of Use are for the benefit of the Cindi Cohn Brand, its owners, officers, employees and representatives, and its subsidiaries, agents, affiliates and any third party content providers and licensors; and each shall have the right to assert and enforce such provisions directly or on its own behalf.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions within this Agreement.

These Terms of Use will be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Last Updated

May 15, 2022