Terms & Conditions
Last Updated: 11/15/2018
Please read these Terms and Conditions carefully before using Alison Barkman. These Terms apply to all visitors, users, and others who access or use my website. By accessing or using this website you agree to be bound by these Terms. If for some reason you disagree with any part of these Terms then you may not use my website.
All of the content on this website is only for informational purposes. I will not be liable for any errors (or omissions) of the information on this website. I make no representations as to the accuracy or completeness of the information on my website. In addition, I am not liable for any losses, injuries, or damages from the display or use of the information on this website. By using my website, you acknowledge that you assume any such risks.
THIRD PARTY WEBSITES
Alison Barkman has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. Therefore, by using this website you acknowledge and agree that Alison Barkman is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or services available on or through any such web sites or services. As a user of Alison Barkman, you are responsible for reading the Terms and Conditions and Privacy Policies on all third party sites.
Alison Barkman website, logo, visuals, and other intellectual property or content that I have created (or have paid others to create for me) is property of Alison Barkman and is protected by copyright laws. Alison Barkman reserves all of its rights. Nothing in the Terms and Conditions grants you a right or license to use any content owned by Alison Barkman or a third party unless expressly stated by me.
LICENSE TO USE CONTENT
Any information, images, or content (written, spoken, or created) input to my social media pages, my website, or via any documents, surveys, or related website material can be used by Alison Barkman. I reserve the right to use any information they provide in future for any purpose (e..g, website, products, email campaigns, marketing). Please know that when you comment, respond, or submit any information that it can be used freely by Alison Barkman, and that I will not be held accountable for anything you post and I use that you see as having a negative impact on you.
TERMINATION & CONTENT REMOVAL
Your accounts on, and/or access and input to, my website can be terminated in case of abuses at my sole discretion. I may terminate or suspend access to my website immediately, without prior notice or liability, for any reason whatsoever. In addition, I may remove any content on my website including, but not limited to, comments left on my website by users. I generally encourage people to comment on my website blog posts, but I have no obligation to display or keep all comments made. In addition, I reserve the right to refuse service to users including, but not limited to, services in my online courses.
These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.
My failure to enforce any right or provision will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding my service/products and supersede and replace any prior agreements we might have between us regarding the service.
GENERAL LEGAL DISCLAIMER
Any information I provide on and through my website, products, email, social media etc. is not medical advice, marriage counseling, or financial counseling. This is for information purposes only. If you have a medical condition, marital/relationship problem, or financial problem, please consult with an appropriate professional for advice, consulting, or services.
ALTERNATIVE DISPUTE RESOLUTION
Any dispute, claim, or controversy arising out of or relating to this Agreement (terms & conditions page), or any aspect relating to Alison Barkman, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York before one arbitrator. The arbitration shall be administered by the governing body in New York pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the terms & conditions may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a time and place decided by Alison Barkman.
Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.
All offers, promises, conduct, and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts, and attorneys are confidential, privileged, and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 2 of the Alternative Dispute Resolution section above.
All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in Paragraphs 1 and 2 above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.
This Agreement and the rights of the parties here under shall be governed by and construed in accordance with the laws of the State of New York, exclusive of conflict or choice of law rules.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
In the event of legal action arising out of or related to this Agreement, the arbitrator(s) shall award Alison Barkman the costs and attorneys’ fees reasonably incurred in connection with the arbitration.
I welcome your comments or questions about this terms & conditions page. You may also contact me using the "Contact" button or page on this site.
I may occasionally change and update this terms & conditions to reflect company and customer feedback. If I make any changes, I will change the Last Updated date above. These terms and conditions of use are subject to change at anytime (and without notice) at my sole discretion, so please refer back to this document on a routine basis. By continuing to access or use Alison Barkman after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using my website.
Date of last revision: 11/15/2018