David Maxwell Crane Information Management - Terms and Conditions
 
This program and website represents a legal document and is the Terms and Conditions (Agreement) for our website and program (Speak Onstage).
 
By using our website, you agree to fully comply with and be bound by the following agreement each time you use our website:
 
David Maxwell Crane Information Management reserves the right to refuse or deny entrance to any individual.
 
The David Maxwell Crane Information Management company respects your privacy and does not sell your information to anyone or any organization. You can opt-out of receiving text messages at any time. Message and data rates may apply.
 
Your name, phone number, and email are only used for registration purposes for David Maxwell Crane Information Management. You will receive emails, and phone calls in association with the coaching program / contracted relationship you have registered for. Your information will not be provided to any third parties or sold to any other companies or organizations. All of your information is kept private and confidential and is used for coaching program / contracted relationship purposes only.
 
I understand and agree that my participation in this coaching program is governed by the following terms:
 
I agree that my participation in these coaching program / contracted relationships is without assumption of responsibility of any kind by David Maxwell Crane Information Management. In consideration of, and as a condition of acceptance of my application, for and on behalf of myself, my heirs, and legal representatives forever release, and discharge said companies and sponsors and their representatives from any and all claims and demands of every kind which I may suffer directly or indirectly about this coaching program / contracted relationship.
 
I have provided David Maxwell Crane Information Management my cell phone number and email address. I consent to receiving appointment reminders and other communications/information at that email and/or text from David Maxwell Crane Information Management.
 
I further understand that the tools and techniques provided on the website and at the coaching program / contracted relationship are confidential and proprietary. A license to attend this coaching program / contracted relationship is being provided to me for my personal use and benefit strictly for educational purposes.
 
For valuable consideration I further agree that I will not
(i)             take any photographs of the coaching program / contracted relationship or presentation other than as specifically agreed in writing;
(ii)            record or otherwise use any media to record any portion of this coaching program / contracted relationship;
(iii)          I agree that I will not publicly disclose any information about the coaching program / contracted relationship other than my participation in any manner or form whatsoever including but not limited to personal blogs, reporting about my coaching program / contracted relationship in any public or private media, discussing the particulars of the coaching program / contracted relationship with third parties.
(iv)          I will ensure that David Maxwell Crane Information Management are aware of any intentions other than those discussed as part of our relationship.
 
By attending this coaching program / contracted relationship I agree and acknowledge that after this workshop, I will not, for any reason, be guaranteed any kind of monetary refund, trade, compensation or rebate. It is understood this content is given with no expectation of compensation for said use.
 
I understand that no personal audio recording or video recording is allowed. I acknowledge that David Maxwell Crane Information Management or any affiliate company is not acting as my agent, personal accountant, lawyer or financial advisor. I understand that the content provided is general in nature and that specific advice for my situation must be provided by my personal legal representative, attorney and/or tax advisor.
 
All images are copyrighted and cannot be used without the consent of the David Maxwell Crane Information Management.
By attending this coaching program / contracted relationship I agree and acknowledge that after this workshop or coaching program or Q&A forum, I will not for any reason be guaranteed any kind of monetary refund, trade, compensation or rebate. I will allow any taped conversation, video or photograph procured at this coaching program / contracted relationship to be reproduced under the direction of David Maxwell Crane Information Management education and promotional purposes.
 
It is understood this content is given with no expectation of compensation for said use. I understand that no personal audio recording or video recording is allowed.
 
I understand that individual results may vary, and testimonials are not claimed to represent typical results. All testimonials are real, but may not reflect a typical individual's experience and are not intended to represent or guarantee that anyone will achieve the same or similar results.
 
Eligibility and Registration
 
To use David Maxwell Crane Information Management Services, I must register with David Maxwell Crane Information Management to become a Member. My Membership is not transferable or assignable and is void where prohibited. David Maxwell Crane Information Management Website and Services are intended solely for Users who are at least (18) years of age or older.
Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using David Maxwell Crane Information Management Website and/or Services, I represent and warrant that I am (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. David Maxwell Crane Information Management has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.
 
When I complete the registration process, I will receive a password that will allow me to access David Maxwell Crane Information Management Services. I agree to maintain the confidentiality of my password and am fully responsible for all liability and damages resulting from my failure to maintain that confidentiality as well as all activities that occur through the use of my password.
 
I agree to immediately notify David Maxwell Crane Information Management of any unauthorized use of my password or any other breach of security. I agree that David Maxwell Crane Information Management Website cannot and will not be liable for any loss or damage arising from my failure to comply with password security as discussed herein.
 
Restrictions on Use of Materials
Materials in this website and at the coaching program / contracted relationship and used by David Maxwell Crane Information Management are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of David Maxwell Crane Information Management and David Maxwell Crane group of companies.
 
Liability
The materials in this site and at the coaching program / contracted relationship are provided “as is” and without warranties of any kind, either express or implied. David Maxwell Crane Information Management disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
 
Under no circumstances, including, but not limited to, negligence, shall David Maxwell Crane Information Management be liable for any special or consequential damages that result from the use of, or the inability to use, the David Maxwell Crane Information Management materials on the website or provided at the coaching program / contracted relationship, shared in the coaching, authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall David Maxwell Crane Information Management total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
 
Facts and information at this website and at the training events are believed to be accurate at the time they were placed on the website or provided at the live coaching program / contracted relationship. Changes may be made at any time without prior notice. All data provided on this website or the coaching program / contracted relationship is to be used for information purposes only. The information contained on this website or at the coaching program / contracted relationship and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard.
 
The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to David Maxwell Crane Information Management and such information should not be relied upon as all-inclusive or accurate.
 
I grant to David Maxwell Crane Information Management, the absolute and irrevocable right and unrestricted permission concerning any photographs that they have taken or may take of me or in which I may be included with others, to use, reuse, publish, and republish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use my name in connection with any use if they so chooses. I release and discharge David Maxwell Crane Information Management from any and all claims and demands that may arise out of or in connection with the use of the photographs, including without limitation any and all claims for libel or violation of any right of publicity or privacy.
 
Privacy Policy
David Maxwell Crane Information Management ("we" or "us") has established this Privacy Policy to explain how it protects and manages the personal information that it collects from you online. Our Privacy Policy is considered part of this Agreement and is available on this website. You must review our Privacy Policy - If you do not accept and agree to be bound by all the terms of this Agreement, including the Privacy Policy, do not use this Website or our Services.
 
1. Consent for Collection, Use and Disclosure
 
Your use of the David Maxwell Crane Information Management websites ("Website") and/or your registration for Website products and services constitute your consent to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Website or services of David Maxwell Crane Information Management.
 
We may occasionally update this Privacy Policy. When it does, we will also revise the "last update" date at the top of this Privacy Policy. David Maxwell Crane Information Management may make new uses or disclosures of information collected from users, such as in connection with an investigation of a breach of an agreement, contravention of laws, an emergency where the life, health or security of an individual is threatened, the collection of a debt or in compliance with the request of a law enforcement agency or a court order, and in such circumstances, this Website will not inform and obtain the consent of the user prior to such change.
 
A user may withdraw his or her consent for collection, use and disclosure at any time by sending an email to unsubscribe. Please note that, if you do, this Website may suspend its provision of products and services to you.
 
2. Accountability
 
David Maxwell Crane Information Management collects certain "personal information" (information that personally identifies you) which may include, but is not limited to, your name, email address, home or work address, telephone number, and information about your computer hardware and software (e.g., IP address, operating system, browser type, domain name, URL, access times, and referring web site addresses).
 
We have implemented this Privacy Policy to protect personal information received from its users, and to respond to any inquiries. The Privacy Policy also provides that we will use appropriate contractual means to establish a comparable level of protection for personal information which is sent for processing by third parties on our behalf.
 
David Maxwell Crane Information Management has designated responsibility for your personal information to its operations manager, who ensures compliance with the principles in this Privacy Policy. Other David Maxwell Crane Information Management individuals may be delegated to act on behalf of the operations manager.
 
3. Purposes for Collecting Personal Information
 
David Maxwell Crane Information Management collects and uses personal information for the following Identified Purposes:
 
(a) to understand user needs regarding Website services;
 
(b) to develop and provide our website and our products and services for our users;
 
(c) to fulfill your requests for products, services or information;
 
(d) to communicate with users and site visitors, when necessary, and to inform users of upgrades, as well as of other products and services available from David Maxwell Crane Information Management, its affiliates and third parties;
 
(e) to allow users to access limited-entry areas of the Website;
 
(f) to personalize some of our services and products for you and to deliver targeted advertisements and offers from the Website and third parties;
 
(g) to bill accounts and maintain payment records;
 
(h) to comply with any applicable law, regulation, legal process or government request;
 
(i) to respond to a legitimate claim, or to address our reasonable belief, that you are violating the rights of any third party or any of the agreements or policies that govern your use of the Website or any product or service on the Website;
 
(j) to protect the services, products, information, or rights of the Website, including but not limited to the security or integrity of the site; and
 
(k) to identify and resolve technical problems concerning the Website, its information, products and services.
 
The Website also uses personal information in an aggregate form (i.e., not individually attributable to you) for its business analysis, operational, marketing and other promotional purposes.
 
If we hire other companies to provide some products or services on our behalf, then we will only provide those companies the personal information they need for the Identified Purposes, and we will limit their rights to use and further disclose your personal information as appropriate in the course of their work for us.
 
4. Limiting the Collection of Personal Information
 
David Maxwell Crane Information Management limits its collection of personal information to only that information which is necessary for the Identified Purposes. David Maxwell Crane Information Management does not direct its site to, nor does it knowingly collect any personal information from children under the age of thirteen.
 
When you visit the Website, a cookie may be placed on your computer or the cookie may be read if you have visited the Website previously. If you choose to not have your browser accept cookies from the Website, you may not be able to view all the text on the screens, or to experience a personalized visit, or to subscribe to certain service and product offerings on the Website.
 
5. Disclosure, Processing and Retention
 
We do not sell, rent, or disclose your personal information to anyone else, except:
 
(a) to someone you have designated to act as your agent, for one or more of the Identified Purposes (listed in Section 3, above);
 
(b) to David Maxwell Crane Information Management employees, independent contractors, subsidiaries, joint venturers, affiliates, consultants, business associates, service providers, suppliers and agents, acting on our behalf for any of the Identified Purposes;
 
(c) as necessary if David Maxwell Crane Information Management has reason to believe that disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with David Maxwell Crane Information Management rights or property, other users of the Website, products or services, or anyone else that could be harmed by such activities; and
 
(d) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law.
 
In addition, as we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company. In such transactions, personal information may be one of the transferred business assets. Also, in the event that David Maxwell Crane Information Management or substantially all of its assets are acquired, your personal information may be one of the transferred assets.
 
Your information may be stored and processed in the United States, or in any other country in which David Maxwell Crane Information Management or its affiliates, subsidiaries or agents maintain facilities. By using this web site, you consent to any such transfer of information outside of your country.
 
6. Accuracy of Personal Information
 
We will use reasonable efforts to keep personal information accurate for the Identified Purposes, and for minimizing the possibility of making inappropriate user decisions based on such information. Users are responsible for informing David Maxwell Crane Information Management about changes to their personal information. David Maxwell Crane Information Management will use new or updated personal information it receives from users to update its own records.
 
7. Security Safeguards
 
David Maxwell Crane Information Management will use commercially reasonable efforts to protect user's personal information.
 
8. Access to Personal Information
 
David Maxwell Crane Information Management will afford you a reasonable opportunity to review the personal information in your file only, upon request to the operations manager at [email protected]
 
If David Maxwell Crane Information Management is not able to provide access to some aspect of a user's personal information, it will provide reasons for denying access such as: that by doing so would likely reveal personal information about a third party, or that it is confidential commercial information or attorney-client privileged communications, or that the information relates to a breach of an agreement or a contravention of law, or that its disclosure could reasonably be expected to threaten the life or security of another individual. Users have the right to request that inaccurate or incomplete information be amended as appropriate, by contacting David Maxwell Crane Information Management at [email protected].
David Maxwell Crane Information Management will promptly correct such personal information.
 
Users have the right to deletion of their personal information. If a user would like their personal information deleted, they should email [email protected].
When a user's account is terminated, personal data such as the users email address, phone number and birthdate will be deleted, but David Maxwell Crane Information Management may retain and use your personal data as necessary to satisfy any legal, accounting or reporting requirements, showing transactional history with the company to resolve disputes or to enforce our agreements and rights. In line with this policy, we will either securely delete or anonymize your personal data so that it cannot be linked back to you.
 
9. User Generated Content
Certain Sites and products may allow registered users to submit content through, or post content on, the David Maxwell Crane Information Management or affiliated sites (User Generated Content or “UGC”). For example, audio/video where students repeat and record learnings within the product / courses, or feedback about our products through our customer feedback forums on our websites, social media groups, personal messaging and emails.
 
If you make any UGC available through any forum about our products/ services / interactions, you give us permission to use, copy, modify, adapt, display, distribute that content for the all purposes or request alteration/ removal in accordance with the restrictions outlined in these General Conditions and in accordance with our privacy policy. This permission is irrevocable and without payment or attribution. By making UGC available through any forums regarding our products/ services / interactions, you grant us a worldwide, non-exclusive, perpetual, royalty free, sublicensable and transferable licence to use any such content in whole or in part. You are not giving up your ownership rights in your UGC, however, if you make UGC available through our Site or product, you do give us permission to use it in accordance with these General Conditions.
 
Comments, suggestions and other feedback about our products, made through our customer feedback forums, may be viewed by other customers. If you would prefer to submit feedback to us directly, please contact [email protected]
 
If you are going to make content available through our forums, it must not be offensive or inappropriate and it must not infringe or violate the rights of any third party.
 
We reserve the right to take down or delete any UGC at our discretion.
 
Member Conduct
Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. David Maxwell Crane Information Management is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, David Maxwell Crane Information Management will submit all necessary information to relevant authorities.
 
If any Member Content is reported to David Maxwell Crane Information Management as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by David Maxwell Crane Information Management. If the Member fails to meet such a request, David Maxwell Crane Information Management has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
 
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
 
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
 
As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
•         Violates any local, state, federal, or international laws
•         Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
•         Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
•         Links directly or indirectly to any materials to which you do not have a right to link
•         Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
•         Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
•         Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
•         In the sole judgment of David Maxwell Crane Information Management is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose David Maxwell Crane Information Management, our affiliates, or our Users to any harm or liability of any type
Use our Content to:
•         Develop a competing website
•         Create compilations or derivative works as defined under United States copyright laws
•         Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
•         Decompile, disassemble, or reverse engineer our Website, Services, and any related software
•         Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
 
Payments
You represent and warrant that if you are purchasing something from us,
(i)             any credit information you supply is true and complete,
(ii)           charges incurred by you will be honored by your bank or credit card company,
(iii)          you will pay the charges incurred by you at the posted prices, including any applicable taxes, and
(iv)          if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
 
 
David Maxwell Crane Information Management Products & Services Refund Policy
 
Your satisfaction with your Coaching Program, Weekly Calls, VIP Mentoring, Group Coaching, Q&A Forums, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a very strict refund policy. Most of our content is digital and therefore, a lengthy refund policy could result in the theft of our materials.
 
Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Coaching Program, Weekly Calls, VIP Mentoring, Group Coaching, Q&A Forums, and no refunds will be provided to you, except under one condition: Please submit evidence that you’ve completed the course modules, done the work, and show that even after taking action, the instructions and methods haven’t worked for you within 30 days from purchase date. This applies to any of the Courses and software applications. Please note, there are no refunds (and no exceptions) on Coaching Program, Weekly Calls, VIP Mentoring, Group Coaching, Q&A Forums or Memberships.
 
If you are unhappy with your purchase, we welcome you to email us at [email protected] to provide feedback.
 
Termination of Membership
 
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
 
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
 
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
 
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