WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
• Welcome to LindeyLambert.com (the ‘Website‘). The Website of branding, online marketing, coaching and social media marketing (the ‘Services ‘).
• The Website is operated by Lindey Lambert, LLC. Access to and use of the Website, or any of its associated Products or Services, is provided by LindeyLambert.com. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
• Lindey Lambert reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Lindey Lambert updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by TLindey Lambert in the user interface.
3. You warrant that any information you give LindeyLambert.com or Lindey Lambert in the course of completing the registration process will always be accurate, correct and up to date.
• Once you have completed the client intake process, you will agree to and be bound by the Terms
4. Your obligations as a Client:
As a Client, you agree to comply with the following:
• you will use the Services only for purposes that are permitted by:
• the Terms; and
• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
• you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the relationship. Appropriate legal action will be taken by LindeyLambert.com for any illegal or unauthorized use of the Website; and
• you acknowledge and agree that any automated use of the Website or its Services is prohibited.
• Where the option is given to you, you may make payment for the Services (the ‘ Service Fee‘) by way of:
• Electronic funds transfer (‘ EFT ‘) into our nominated bank account; or
• Credit Card Payment (‘Credit Card‘)
• You acknowledge and agree that where a request for the payment of the Service Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Service Fee.
• You agree and acknowledge that LindeyLambert.com can vary the Service Fee at any time.
6. Refund Policy
LindeyLambet.com will only provide you with a refund of the Service Fee in the event they are unable to continue to provide the Services or if Lindey Lambert or her representative makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘).
7. Copyright and Intellectual Property
• The Website, the Services and all of the related products of LindeyLambert.com are subject to copyright. The material on the Website is protected by copyright under the laws of United States . Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by LindeyLambert.com or its contributors.
• All trademarks, service marks and trade names are owned, registered and/or licensed by LindeyLambert.com, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
• use the Website pursuant to the Terms;
• copy and store the Website and the material contained in the Website in your device’s cache memory; and
• print pages from the Website for your own personal and non-commercial use.
Lindey Lambert does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved Lindey Lambert.
• Lindey Lambert retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
• business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
• a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
• a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
• You may not, without the prior written permission of Lindey Lambert and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. General Disclaimer
• Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the US Consumer Law (or any liability under them) which by law may not be limited or excluded.
• Subject to this clause, and to the extent permitted by law:
• all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
• Lindey Lambert will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
• Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Lindey Lambert make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of The Social Coach) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
• costs incurred as a result of you using the Website, the Services or any of the products of Lindey Lambert; and
• the Services or operation in respect to links which are provided for your convenience.
9. Education Services
• By using our services, you warrant that Lindey Lambert is not, can not and will not be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Lindey Lambert liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Lindey Lambert.
• All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and Lindey Lambert takes no responsibility for your actions, choices or decisions.
10. Limitation of liability
• Lindey Lambert’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
• You expressly understand and agree that Lindey Lambert, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
• The Terms will continue to apply until terminated by either you or by Lindey Lambert as set out below.
• If you want to terminate the Terms, you may do so by:
• not renewing the Subscription prior to the end of the Subscription Period;
• providing Lindey Lambert with 21 working days’ notice of your intention to terminate; and
• closing your accounts for all of the services that you use, where Lindey Lambert has made this option available to you.
Your notice should be sent, in writing, to Lindey Lambert via the ‘Contact Us’ link on our homepage.
• Lindey Lambert reserves the right to terminate your membership at any time if you engage in the following conduct including but not limited to:
o Abusive language
o Verbal aggression
o Online trolling or bullying
o Excessive swearing
o Derogatory and disrespectful comments verbally or via online platforms
You agree to indemnify Lindey Lambert, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
• any loss including legal costs and expenses on an indemnity basis or liability, reasonably incurred or suffered by any of those indemnified arising from any and all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
• any breach of the Terms.
13. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties ‘) must:
• Within 21 working days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 21 working days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by an agreed upon local arbitrator;
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
• The mediation will be held in Los Angeles, California or via zoom conference where attendance in person cannot occur due to unforeseen circumstances.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 28 working days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
The Services offered by Lindey Lambert is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Los Angeles, California.
15. Governing Law
The Terms are governed by the laws of the State of California. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of State of Californi, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Date: September 9, 2023