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Terms and Conditions
We are excited you have decided to work with us.
Please review our terms and conditions below.
Conditional Use
1. Condition of Use. Use of this website, as well as any purchases
made, is conditional on full acceptance of the provisions within this document.
Access of this website shall constitute full acceptance of all conditions and
terms. If You (Hereinafter referred to as, “You,” or “User,” or “You”) do
not accept the terms, please do not access this website, or engage in any
relationship with us.
2. These Conditions and Terms govern the relationship between you and this
website, its owners, servants, employees, and agents. (Hereinafter referred to
as, “Sophia White” “Sophia White, LLC.” or “We” or “Us” or “we” or “us”). For
clarity purposes, a number of website(s), including but not limited to: SophiaWhite.com,
products.sophiawhite.com are wholly owned and operated by Sophia White, LLC.
3. All services and products appearing on these websites are sold by Sophia
White. LLC, You agree that any relationship arising out of or relating to these
Websites owned by Sophia White as well as any relationship between Us and You,
shall be governed by this Agreement.
4. These Conditions and Terms govern the relationship between You and Sophia
White, its servants, and agents. Any mention of, “Sophia White,” or “We,” or
“U,s” hereby includes Sophia White, LLC, its owner, employees, servants,
agents, and others.
5. For clarity purposes, Products, Services, and relationship(s), include
but are not limited to the following: all items which are available for sale on
websites owned by Sophia White, all mentoring provided by Sophia White and/or
its employees, including but not limited to Sophia White.
Privacy Policy
6.
You confirm
that you have read, understood and agree to our Privacy Policy, the terms of which are incorporated herein, and agree that the terms
of such policy are reasonable and satisfactory to you.
Permitted Usage
7.
You may use
this Website for your own personal or commercial purposes as expressly provided
by these Terms and Conditions. You may not decompile, reverse engineer,
disassemble, rent, lease, loan, sell, sub-license, or create derivative works
from this Website or the Content. Nor may you use any network monitoring or
discovery software to determine the site architecture, or extract information
about usage or users. You may not use any robot, spider, other automatic
device, or manual process to monitor or copy this Web Site or the Content. You
may not copy, modify, reproduce, republish, distribute, display, or transmit
for commercial, non-profit or public purposes all or any portion of this
Website. Any unauthorized use of this Website or its content is
prohibited.
8.
You agree
to keep confidential all information learned from our relationship, this shall
be deemed to include, but not be limited to, all techniques, tools, methods,
teachings, trainings, and so forth.
Input of Information on Website
9.
You are
solely responsible for the accuracy and completeness of any information
inputted into the website. Please be sure to check any information that may be
been inputted on your behalf. We are not able to take responsibility and shall
not be responsible for any injury resulting from any error and/or omission,
however caused or arising.
Posting on Site
10. By uploading content to or submitting any
materials for use on this website, including, but not limited to, blog posts,
forum posts, typewritten communications, articles, email communications to {Sophia}
@ SophiaWhite.co.uk etc., you grant, or warrant that the owner of such rights
has expressly granted, Sophia White a perpetual, royalty-free, irrevocable,
non-exclusive right and license to use, reproduce, modify, edit, adapt,
publish, translate, commoditize, create derivative works from and distribute
such materials or incorporate such materials into any form, medium, or
technology now known or later developed.
Claims of Copyright Infringement
& Counter-Notification
11.
We respect
the copyrights of others. If you believe in good faith that materials hosted by
Us infringe your copyright, please send us a written notice that includes the
following information. Please note that we will not process your complaint if
it isn’t properly filled out, or if the complaint is incomplete:
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the
copyrighted work, and information that will allow us to locate that material on
the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint,
preferably including an email address and telephone number.
4. A statement that you have a “good faith belief that the material that is
claimed as copyright infringement is not authorized by the copyright owner, its
agent, or the law.”
5. A statement that “the information in the notification is accurate, and
under penalty of perjury, the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
7. Notices with respect to this Website should be sent to us by email to {Sophia}
@ SophiaWhite.co.uk.
12.
We will
review and address all notices that comply with the requirements above. If we
remove or disable access in response to such a notice, we may notify the owner
or administrator of the affected site or content so that he or she can make a
counter notification.
13.
We suggest
that you seek legal counsel before filing a notice. Any misrepresentations in
your notice regarding whether content or activity is infringing may expose you
to liability for damages (including costs and lawyers’ fees).
Links
14.
This
website may contain links to other websites. Links are not intended to imply
sponsorship, affiliation, or endorsement. We are not responsible for the
privacy practices or the content of such websites and their operations.
15.
Due to the
size of this website, and complexities involved with evolving laws, and operations
of this website, we are unable to ensure the current accuracy of anything
appearing on this website. You
hereby acknowledge that this site and any statement(s) herein may contain
errors and/or omissions, and accept use of the site subject to any such errors
and/or omissions. Due to the evergreen nature of this website, in no instance
shall we be responsible for ensuring the accuracy of anything appearing in this
website.
Use of Website & Services
16.
You are in
the best position to protect your own interests, we encourage you to do so at
all times, and remind you that due to the complexities involved with operating,
creating, and maintaining this website, we are unable to assume any
responsibility for your care and/or liability whatsoever.
17.
You
expressly agree that we may remove, disable, or restrict access to or the
availability of any material from Our websites (including, but not limited to,
material which you have posted and/or stored). Under no circumstances may we be
held liable for removing, disabling, or restricting access to material(s).
18.
You
expressly agree that you will not hold us responsible for damages resulting
from and/or arising from: the loss of information, restricted access to
information, and/or the availability of any material from this site (including,
but not limited to, material which you have posted and/or stored).
Access to Website
19. We value your interaction(s) with Us, but in an
effort to promote a better experience, we reserve the right to suspend, or
cancel any membership, and/or restrict your access to this site, or any
subscriptions or services, for any reason, or no reason, at our sole
discretion, moreover the entire website may be made unavailable at any time.
We Provide
20.
Information
we provide, as well as that which may be found on this website is of a general
nature, it is not intended to be relied on for any particular or specific
purpose. Business matters by their nature are complicated and require the
specific attention of appropriate professionals for each circumstance.
21.
While we
have every intention to safeguard your personal information, due to the nature
of internet and related technologies we are unable to provide any guarantee,
warranty, or promise as to the security of same. Any information on the
internet may be vulnerable to hackers, viruses, malware, glitches, and may be
intercepted during transmission.
22.
You agree
that you will not take action or inaction based on your relationship with Us,
as well as anything arising from and/or relating to our relationship, as well
as this website and or anything appearing herein.
Your Responsibilities
23.
Sophia
White, LLC. takes pride in the clients we work with. It is important to Us to
work with those who have passion, a desire to succeed, and take personal responsibility
for achieving their goals. You agree that your responsibilities will include
but not be limited to:
1. Keeping accurate business records
2. Being prepared for scheduled meetings and communications
3. Being on time to scheduled meetings and communications
4. Maintaining a positive attitude
5. Not verbally attacking Sophia White, LLC. or workers or other members of
the community and readers, either personally through written communication,
comments, or other online means such as social media or other platforms that
are visible publicly.
6. Obtaining independent legal and accounting advice
24.
If you do
not meet your responsibilities, you agree that our relationship can immediately
come to an end (at the sole discretion of Sophia White, LLC.), no refund shall
be provided for any unused access and or remaining appointments, meetings, or
email communications and you may be blocked from {Sophia} @ SophiaWhite.co.uk,
platforms, social media accounts, email, and so on.
Rescheduling of Appointments
25.
If you have
purchased any services that require scheduled appointments, You acknowledge
that in some instances rescheduling appointments may occur at our sole
discretion, you agree to accept rescheduled appointment(s), provided that any
rescheduling of a scheduled and confirmed appointment, by us, will be attempted
to be made at a mutually convenient time.
26.
If you need
to reschedule an appointment, you agree to make such request in writing at
least 24 hours before the start of our scheduled appointment. Upon receiving
such request, we agree to attempt to use our best efforts to assist you in
rescheduling our appointment. We shall do so, by providing an alternate
appointment time during the same week, provided some time is available, if such
is not available we will advise you as to the same.
Communications
27.
You hereby
authorize us to contact you via email, or by other means, seeking comment on
services, communicating offers from our partners, promotions, and or
information that we believe may interest you.
Non-disparagement
28.
You and Sophia
White, LLC agree that neither shall publicly make any negative expressions, or
representations about the other, or allow any such expressions or
representations to be made.
No Warranty
29.
IN ORDER TO
PROVIDE YOU WITH THIS SERVICE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE
ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES THAT YOU MAY OBTAIN AT
THIS WEBSITE, AS WELL AS THROUGH YOUR RELATIONSHIP WITH US.
30.
WE HEREBY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.
31.
THIS
WEBSITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER
ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE
PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS
OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR
GUARANTEES THAT THIS WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND
WITHOUT INTERRUPTION, OR ERROR FREE.
32.
TO THE
EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR
REPRESENTATIONS HAVE BEEN MADE, YOU HEREBY AGREE THAT SUCH STATEMENTS, ARE TO
BE CONSTRUED MERELY AS NONBINDING EXPRESSIONS OF POLICY NOT AFFIRMATIVE
REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES.
Limitation of Liability
33.
Use of Our
website(s), as well as anything arising out of and or relating to our
relationship, is accompanied by inherent risks, you hereby assume all risk(s)
involved and associated with same.
34.
Due to the
many complexities involved in our relationship We are not able to be held
responsible for: programming, construction, design, formulation, development of
standards, preparation, processing, assembly, inspection, testing, listing,
certifying, warning, instructing, marketing, selling, advertising, packaging or
labeling of any service and/or product.
35.
Due to
their unpredictability We shall not be liable for consequential damages,
incidental damages, indirect damages, exemplary damages, or punitive damages.
Liquidated Damages
36.
To the
extent which you may suffer and/or seek damages from Us, however so arising
including but not limited to claims arising under: contract, tort, other legal
theories, or specific statute; due to the difficulty in calculating damages at
the point of agreement, and in an effort to pre-determine costs, all parties
agree to liquidated damages of £100.00 U.K. funds. Sophia White, LLC has
relied on this clause at considerable expense. Sophia White, LLC. is not an
insurer, to the extent which You may suffer damages greater than £100.00. You
shall be solely responsible for insuring yourself, for any excess of potential
damages great than the amount agreed to herein.
Purchases
37.
All
services, agreements, and or purchases made by You from Us are completed at the
time of making same, and are earned in full immediately. This is
notwithstanding that some services, agreements, or products, may be for lengthy
periods, as well as multiple deliveries in the future, as well in some
instances multiple payments may have been agreed to, and or credit terms
provided.
38.
You
acknowledge and agree that our relationship, as well as any purchases which you
may make or have agreed to make, are not a matter of pro rata time, the
majority of time and effort in our relationship is completed at the beginning.
This is as substantial time is required for Us to learn about You, as well as
to develop a strategy of tools.
39.
You further
acknowledge being advised that coaching, as well as the products and services
offered by Us may not be appropriate for everyone.
40.
All
accounts are due when billed, any outstanding accounts will bear interest at
the rate of 20% per year.
General
41.
Entire
Agreement. This writing contains the entire agreement between
You and Us.
42.
No Other
Representations There are no warranties,
representations, or agreements, other than those that appear in this document.
43.
This
Agreement may only be changed in writing.
44.
Use of
Materials. Materials provided by or through this website
including, but without limitation, design, text, editorial materials,
informational text, photographs, illustrations, artwork and other graphic
materials, and names, logos, slogans, trademarks and service marks
(collectively referred to as the “Materials”), are the property of Us and Our
licensors, they are protected by copyright, trademark and other intellectual
property laws. No rights or license is acquired by you, in any trademark,
copyright, or other intellectual property rights.
Dispute Resolution
45.
All
disputes shall be finally resolved by arbitration. The place of arbitration
shall be in Boise, Idaho. The language of the arbitration shall be English. All
disputes and claims arising here under shall be determined in accordance with
the laws of England and the courts of such shall have exclusive
jurisdiction to hear and determine the same.
46.
Choice of England
and Wales shall have exclusive jurisdiction to hear any
matter arising out of and/or relating to this agreement, our relationship,
and/or this website, the parties to this agreement agree to submit to the
jurisdiction of same.
47.
Choice of
Law The laws of England and Wales, without regard
to its conflict of laws principles, shall exclusively apply, to all matters
whatsoever arising under, in connection with, or relating to, this agreement,
our relationship, and this website. These conditions and terms are to be both
constituted and interpreted in accordance with the laws of Idaho.
48.
Claims
Limited Regardless of any statute or law
to the contrary, any claim or cause of action arising out of and/or relating to
this agreement, our relationship, or this website must be filed within one (1)
year after such claim or cause of action first arose, or shall be forever
barred.
49.
Claims
Filed Regardless of any statute or law
to the contrary, any claim or cause of action arising out of and or relating to
this agreement, our relationship, or any service or product must be filed
within one (1) year of entering into this agreement, or shall be forever
barred.
50.
YOU AND SOPHIA WHITE AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
51.
You agree
that, by entering into this Agreement, You and Sophia White, LLC. are each
waiving the right(s) to a trial by jury, as well as the right to participate in
a class action.
52. Terms
1. You acknowledge that the terms contained herein may be altered in
writing by Sophia White, LLC. without notice.
2. Both parties will continue to be bound by altered terms.
3. You have a continuous obligation to review the terms of this agreement
as found on this website.
Indemnification
53.
If You
bring a case against Us, seeking a total amount greater than the agreed
liquidated damages, You hereby agree to indemnify Us for all fees and expenses
arising from and relating to defending same.
54.
You agree
to defend and indemnify Us from and against any claims, causes of action,
demands, recoveries, losses, damages, fines, penalties or other costs or
expenses of any kind or nature including but not limited to legal and
accounting fees, brought by third parties as a result of:
1. your breach of this Agreement or the documents referenced herein;
2. violation of any law or the rights of a third party
3. your use of this Site
4. your relationship with Us, or
5. your use of this Site for, or on behalf of, a Third Party
55.
No
Costs. You agree that despite anything
to the contrary you shall not be entitled to, and will not to seek any costs
and or fees from Us relating to, and/or arising from any case brought.
56.
No Waiver. No delay, failure, waiver, exercise or partial exercise of any right
or remedy under the terms and conditions found in this agreement, by Us, will
operate to subsequently: alter, limit, impair, preclude, cancel, waive, or
otherwise affect such right or remedy.
57.
If any
provision is found to be inconsistent with another provision of this writing,
such provision(s) shall be interpreted in a manner allowing for the greatest
possible intended meaning of the entire agreement. Where not possible,
inconsistent provisions shall be severed, but only to the extent necessary to
remedy such inconsistency. Such provision or provision(s) will be severed from
the agreement in a manner allowing for the largest part of the agreement to
remain in full force and effect.
58.
Remaining
Provisions. The remaining portions of
the agreement shall remain in full force and effect, and shall constitute the
entire agreement.
59.
Headings are included for convenience purposes only and they do not form
part of these terms and conditions.
60.
These and
Terms and Conditions shall be deemed to have been drafted jointly by You and
Us.
Purchases
61. All purchases, unless otherwise stated, come
with a no refunds policy. It would be a huge disservice to you to provide
refunds. You are responsible to take the work seriously that is provided and
attend all meetings or appointments you pay for. If you purchase something in
error or later change your mind, no refunds are given. All sales are final. No
refunds will be made under any circumstances. By purchasing a product, service,
training, or anything else for sale by owner, Sophia White, LLC., you are agreeing
to these terms.