TERMS & CONDITIONS

BY VISITING WWW.GABICALDWELL.COM, YOU ARE CONSENTING TO OUR TERMS & CONDITIONS

Overview

The terms “we,” “us,” “I” and “our” refer to GabiCaldwell.com. The term the “Site” refers to www.GabiCaldwell.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

Gabi Caldwell provides a website where users can read articles on sales, marketing and small business management and a service where users may purchase online products and consulting services related to sales, marketing and small business management (the “Service”).

Use of www.gabicaldwell.com, including all materials presented herein and all online services provided by Gabi Caldwell, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

Information provided on the Site and in the Service related to Business and other information are subject to change. Gabi Caldwell makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Gabi Caldwell disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

LAWFUL PURPOSES

You may use the Site for lawful purposes only. You must not, in the use of the Service, violate any laws in your jurisdiction. That would be really unclassy.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. In other words, think before you post.

REFUSAL OF SERVICE

Gabi Caldwell reserves the right to refuse service to any order, person or entity without obligation to assign a reason for doing so. Gabi Caldwell may at any time change or discontinue any aspect or feature of the Site.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. Please. We would never, ever, want to leave you hanging.

CANCELLATIONS, REFUNDS & RETURNS

Here’s the scoop-a-loop: All digital product sales are final due to the nature of downloadable files and your irrevocable access to them once they’ve been delivered. All discounted sales on ebooks are also non-refundable. If you’re on the fence about whether or not something would be a good fit for you, absolutely email us before you purchase and ask all the questions you’d like. Then spend a relaxed evening reading the blog, first, to make sure you and Gabi Caldwell are soulmates. Pre-order items, on the other hand, are 100% refundable up and until the product delivery date, so feel free to go wild! Finally, if you would like to cancel your subscription to Marie Claire Magazine, you should probably contact them about that; unfortunately, that’s out of our jurisdiction.

PRODUCT DESCRIPTION

We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions because we may not have drunk enough coffee the day we published something. We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary rights without the express written permission of the owner of the copyright, trademark or other proprietary rights. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Gabi Caldwell from any claim against Gabi Caldwell resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

Gabi Caldwell reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

Gabi Caldwell does not claim ownership of Material you supply to GabiCaldwell.com. However, the act of posting Material to the site conveys an irrevocable, worldwide license to Gabi Caldwell to use and distribute the posted Material in connection with Gabi Caldwell’s website and any related Gabi Caldwell publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to Gabi Caldwell, you agree to hold Gabi Caldwell harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

OUR INTELLECTUAL PROPERTY

All content provided on the Site and in the Service, including all products and all online class and workshop materials are the intellectual property of Gabi Caldwell. The content of the Site are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site. In layman’s terms, please don’t steal any of our content and reposition it to sell as your own. That’s just tasteless.

AFFILIATE DISCLAIMER

The purpose of this website is to be educational. There are a lot of ideas here, and there are also a lot of suggestions for tools, websites, and ways to kill it with your business. Some of the links to these tools and websites are regular ol’ Plain Jane links. And some of these links are links that, if you click them and purchase, I might get a commission in exchange—because companies are cool like that these days, you know? In the meantime, I’m only recommending things that I think are great tools, and not because of any kickbacks.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site. Additionally, Gabi Caldwell is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if Gabi Caldwell has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Gabi Caldwell’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Gabi Caldwell, and if no purchase has been made by you Gabi Caldwell’s cumulative liability to you shall not exceed $100.

THIRD PARTY RESOURCES

The Site contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Gabi Caldwell. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

WAIVER

No waiver of any of the provisions of this Agreement by Gabi Caldwell shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Gabi Caldwell.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

gabi [at] gabicaldwell [dot] com

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of New Zealand as applied to contracts that are executed and performed entirely in New Zealand. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Auckland, New Zealand. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The NZDRC or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

And that’s a wrap!

Updated: September 2018