Terms of Use
Effective Date: February 7, 2021
The CharleneDerby.Com website and its associated services and content (collectively “Website”) is owned and operated by Charlene A. Derby (“Company”, “our”, “us”, “we”). Company has adopted this Terms of Use Agreement (“Agreement”) to inform you (“User(s)”) of your rights and duties when using the Website. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.
Please read this agreement carefully before accessing or using the Website and associated services. By accessing or using the Website, you agree to be bound by the terms and conditions of this agreement.
The Company may, from time to time, and reserves the right, in its sole and absolute discretion, to modify, limit, change, discontinue, or replace the Website or this Agreement. In the event company modifies, limits, changes, or replaces the website or this agreement, your use of the website after said modification, limitation, change, or replacement constitutes your manifestation of assent to the modification, limitation, change, or replacement.
About The Website
CharleneDerby.Com serves as the website for author Charlene A. Derby. The website is designed to promote her works and direct users to Amazon.com where they may purchase her published books pursuant to Amazon’s terms and conditions.
Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to the Company and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and the Company makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
You warrant and agree that the purpose of this Website is to promote the works of Charlene A. Derby and to provide additional information and resources related to your areas of inquiry. All website content, downloadable resources and activities, and links to third-party content are for your entertainment only.
You warrant and agree that while the Company is a professional and the information provided on this Website relates to issues within the Company’s area of professionalism, your individual circumstances may call for other solutions. We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information in a general sense. The Company expressly recommends that you seek customized advice from a qualified professional, if appropriate. Website content shall not be understood or construed as legal, financial, tax, medial, healthy, or any other professional advice.
You warrant and agree that use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create a professional-client relationship between you and the Company or its owner or any of its representatives. Thus, you recognize and agree that no professional-client relationship is created by your use of this Website.
Ownership of Website and License
You acknowledge and agree that the Company is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of the Company.
The Company hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from the Company, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to the Company.
Intellectual Property
All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners. Specifically, all marks are the property of the Company, including, but not limited to CHARLENE A. DERBY, THE WRITING DERBY, and all related logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of the Company. You are prohibited from using the Company’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of the Company.
Website Use
Use of the Website is free. When subscribing to, downloading PDFs from, and/or contacting the Company, you are agreeing to receive email notifications from the Company and potentially other third-parties. If provided, the email notifications from the Company contain an unsubscribe feature that allows you to “opt out” from future notifications. Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you (“Personal Data”). User information will be used consistent with the Privacy Policy. The Company does not endorse you or discriminate based upon any information provided by you or made available through the Website.
You have a duty to ensure that, if requested, any Personal Data provided through to the Website is truthful, current, complete, and accurate. The website is not currently requesting Personal Data. You understand and agree that you have an ongoing duty to update and keep current the Personal Data provided through the Website if and when that information changes. You are expressly prohibited from using the Website in a way that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use the Website to interfere with or disrupt a third party’s enjoyment and use of the Website. The Company reserves the right to restrict access to, monitor, suspend, disable, or delete users at any time, in its sole discretion, and without prior warning. You agree to hold harmless and indemnify the Company for any damages that arise out of or in relation to the use of the Website.
The Company is under no obligation to preserve your Personal Data for any length of time and will not be responsible for any loss of Personal Data. The Company is under no obligation to provide you with the data associated with your Website use, except as otherwise provided in the Privacy Policy. The Company recommends that you maintain your own backup of personal information. You may have your Personal Data removed from the Website by contacting the Company through the means provided in the Privacy Policy.
Book Purchases
Books featured on the Website may be purchased through Amazon, through which payment for the books will be processed. By accessing Amazon to purchase books, you are leaving the Website and will become subject to Amazon’s separate Conditions of Use found here. The Company reserves the right to change the prices for books available on Amazon. Users agree that they are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Website and/or book purchases. You understand and agree that the Company will not be held liable for any user’s failure to complete transactions entered into through the Website and/or Amazon.
Prohibited Uses
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are prohibited from:
Posting or transmitting content that:
Infringes upon the intellectual property rights of others;
Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
Incites any illegal activity or unlawful sexual solicitation;
Relates to weaponry, controlled substances, gambling, or debt collection;
Raises support or defense of anyone alleged to be involved in criminal activity;
Impersonates another or is fraudulent, inaccurate, or misleading;
Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
Intends to collect personal or personally identifiable information from others;
Violates any term or condition of this Agreement;
Using a robot, spider, scraper, or other automated technology to access the Website;
Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
Attempting to gain access to the private data or personal information of a Website user or third party;
Circumventing the Company’s technological and physical security measures;
Suggesting an affiliation with or endorsement by the Company.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to the Company by sending an email to: Charlene@CharleneDerby.com.
Mobile Devices
The Website is fully accessible via a mobile device. To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. The Company is not responsible for any fees or errors that occur while accessing the Website via mobile device.
Section 230 of Communications Decency Act
You acknowledge and agree that the Company is an interactive computer service provider under Section 230 of the Communications Decency Act. Though the Company may edit, remove, or control the content displayed through the Website, you agree that the Company will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
Third Party & Affiliate Links
You understand that the Website may contain links to third party websites, applications, or services that the Company does not own or control. You agree that the Company will not be held responsible or liable for the content of third-party websites, applications, or services and that the Company’s inclusion of those websites, applications, or services within its Website does not constitute the Company’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
From time to time, the Company may participate in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links. As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers. The Company will inform you when one of the links constitutes an affiliate link.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation to decide whether to purchase the affiliate product or service.
Reviews
At various times, we may provide reviews of products, services, or other resources. This may include review of books, services, and/or software applications. Any such review will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide are view.
Regardless of such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this website.
If you would like more information about such discounts and incentives, contact us at Charlene@CharleneDerby.com. We will respond and disclose any incentives or discounts we received in association with any such review.
No Endorsement
From time to time, the Company will refer to other products, processes, services, coaches, consultants, experts, and/or websites. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company does not endorse or recommend any commercial product, process, service, coach, consultant, expert and/or website. The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of the Company and are not intended to be used for advertising or product endorsement purposes. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, process, service, coach, consultant, websites, and/or experts.
Testimonials
At various places on the Website, you may find testimonials from clients and customers of the products and services offered on this website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.
Although these testimonials are truthful statements about the perceptions of the individuals speaking, the results obtained by these clients and/or customers are not necessarily typical. You specifically 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 offered on this Website or by the Company.
Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. The Company may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
Disclaimer of Warranties
The Company disclaims any responsibility for any harm or liability arising out of or related to your use of the website. The Company provides the website and the services provided through the website on an as-is basis and without warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, non-infringement, or quality. Some jurisdictions do not allow an exclusion of implied warranties. If you are located in such a jurisdiction, this exclusion may not apply.
Company will not be held liable or responsible for any content posted on the website, including but not limited to any advice or marketing provided by any third party, any third-party links posted on the website, or any content transmitted through the website. The Company is a service provider and does not assume responsibility for any error, omission, interruption, deletion, defect, alteration, and/or destruction of identity. The Company reserves the right to discontinue the website at any time.
The company will not be held liable for network, internet, computer, hardware, or software program malfunctions, failure, delays, or difficulties with the website at any time.
Limitation of Liability
The Company will not be liable to you under any legal theory for any damages, claims, injuries, judgments, costs, or liabilities arising out of or related to your use or misuse of the website, including, but not limited to, loss of business, loss of income, special damages, incidental damages, consequential damages, punitive damages, or exemplary damages. You understand and agree that the maximum amount that the company can be held liable to you under any circumstance is the amount that you paid, if any, for monetary contributions through the website, and in no case will that amount exceed $100. If no amount is paid by you to the company, you agree that you will be limited to injunctive relief only unless otherwise permitted by law.
The website may contain technical inaccuracies or typographical errors or omissions. The Company is not responsible for any such typographical, technical, or pricing errors listed on the website.
Some jurisdictions do not allow the exclusion or limitation of damages. If your jurisdiction does not allow the exclusion or limitation of damages, you should seek legal counsel to understand your legal rights under the law.
Indemnification
You agree to hold harmless, indemnify, and defend the Company, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or monetary contributions made through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend the Company under the terms of this Agreement will not provide you with the right to control the Company’s defense, and the Company reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify the Company.
No Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. The Company may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
Jurisdiction, Governing Law, and Resolution of Disputes
This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of California without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in California, with venue proper in Santa Ana, California.
You and the Company agree that arbitration will be the exclusive forum and remedy at law for any disputes arising out of or relating to this agreement, your use of the website, or the purchase of services from the Company, including any disputes concerning the validity, interpretation, violation, breach, or termination of this agreement. Arbitration under this agreement will be held in Santa Ana, California and in accordance with the most recently effective commercial arbitration rules of the American Arbitration Association (“AAA”). The arbitration proceeding will be decided by a single arbitrator and the arbitrator will decide the arbitration proceeding by applying the laws and legal principles of the state of California and the federal laws of the United States. The losing party will be required to pay the prevailing party’s reasonable attorneys’ fees. You and Company agree that the situs of this agreement is in the state of California. You and the Company agree to submit to the exclusive personal jurisdiction of any such arbitrator or arbitration proceeding.
Severability
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
Integration
The Company hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Website and its associated services and products. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind the Company.
No Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and the Company will not knowingly collect personally identifiable information from children under the age of eighteen (18). If the Company inadvertently collects such personally identifiable information, the Company will delete the personally identifiable information in accordance with its security protocols.
Limitation on Actions
The Company and you both agree that any cause of action arising out of or related to the website or any services purchased through the website must commence within one year after the cause of action accrues. Failure to assert said cause of action within one year will permanently bar any and all relief.
You will only be permitted to pursue claims against the Company on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Reservation of Rights
All rights not expressly granted herein are reserved to the Company.
Notice
Any notice required by this Agreement must be in writing, and must be emailed to: Charlene@CharleneDerby.com.
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.