Terms and Conditions

Susan J. Schmitt Winchester & Associates, LLC and her affiliated brands, (collectively "Susan J. Schmitt", "Susan J. Schmitt Winchester", "we" or "us") provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively "Sites") subject to your compliance with these Terms and Conditions for use of the Sites (“Terms”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITES. These Terms constitute an agreement between Susan J. Schmitt and you. We recommend that you print out a copy of these Terms for your records.

By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms. If you do not agree to these Terms or if you are not legally competent to agree to them, then you may not use the Sites.

Please note that these Terms contain provisions that govern the resolution of claims between Susan J. Schmitt Winchester and you. Please see the Indemnity, Disclaimer of Warranties, Limitation of Liability and Legal Disputes sections for complete details.

Privacy

Your use of Sites is also subject to Susan J. Schmitt Winchester’s Privacy Policy. Please review our Privacy Policy, which also governs the Sites and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.

Disclaimer

Your use of the Sites is also subject to the Susan J. Schmitt Winchester Disclaimer. Please review our Disclaimer, which also governs the Sites and informs users of various limitations regarding the information provided on the Sites. Your agreement to the Disclaimer is hereby incorporated into these Terms.

Purpose of the Sites

The contents of the Sites are for informational purposes only, and are not intended as tax, legal or medical advice. For tax advice, you should consult your accountant or other tax advisor. For legal advice, you should consult your attorney. For medical care and advice, you should consult your physician or health care provider on a regular basis. 

Changes

Susan J. Schmitt reserves the right, at any time, to change these Terms, our Privacy Policy and/or the Sites. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms and/or Privacy Policy as revised. The revised Terms and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms.

We will notify you of any change to these Terms by updating the "Last Updated" date at the top of this webpage. Last Updated: March 1, 2019

Communications with Susan J. Schmitt Winchester

For all communications made to or with Susan J. Schmitt Winchester, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Susan J. Schmitt Winchester will have no obligation to protect your communications from disclosure; (ii) Susan J. Schmitt Winchester will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Susan J. Schmitt will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Disclaimer of Warranties

Susan J. Schmitt Winchester intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided “AS IS” and "AS AVAILABLE".  Susan J. Schmitt Winchester makes no representations or warranties regarding the accuracy, reliability or completeness of the content (e.g. text and images) of this site.  You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, Susan J. Schmitt expressly disclaims all warranties, express or implied, including without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.

No Professional-Client Relationship

Your use of the Sites – including implementation of any suggestions set out in the Site and/or use of any resources available on the Sites – does not create a professional-client relationship between you and Susan J. Schmitt or any of its professionals.

Susan J. Schmitt Winchester cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of the Sites.

No Guarantees

You agree that Susan J. Schmitt Winchester has not made any guarantees about the results of taking any action, whether recommended on the Sites or not. Susan J. Schmitt provides educational and informational resources that are intended to help users of the Sites succeed in business, life, and/or health and/or otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Susan J. Schmitt Winchester.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of Susan J. Schmitt Winchester or otherwise – applying the principles set out in the Sites are no guarantee that you or any other person or entity will be able to obtain similar results.

No Refunds

Unless a money-back guarantee is explicitly mentioned, all sales are final and Susan J. Schmitt Winchester does not offer any money-back guarantees; you recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

General Information

No waiver of any provision or any breach of this agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this agreement will be illegal or otherwise unenforceable, such provision will be severed, and the balance of the agreement will continue in full force and effect. These Terms set forth the entire agreement between you and Susan J. Schmitt with respect to use of the Sites and supersede any prior agreements between you and Susan J. Schmitt relating to such subject matter. The Terms are not assignable, transferable or sub-licensable by you except with Susan J. Schmitt Winchester's prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Susan J. Schmitt's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Susan J. Schmitt's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Susan J. Schmitt with respect to such use. A printed version of these Terms and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms must be written in the English language.

Indemnity

You agree to indemnify and hold Susan J. Schmitt Winchester and its agents and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms or (iii) your violation of any rights of another user.

Intellectual Property Rights

The Sites contain valuable trademarks and service marks owned and used by Susan J. Schmitt (collectively the "Susan J. Schmitt Marks"). Any use of the Susan J. Schmitt Marks without the prior written permission of Susan J. Schmitt is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Susan J. Schmitt Winchester marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively the "Site Content"), are the sole and exclusive property of Susan J. Schmitt.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.

Susan J. Schmitt Winchester uses independent product suppliers, distributors and other such third parties to supply some of the products advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product suppliers, distributors and other such third parties that are not owned by Susan J. Schmitt but appear on the Sites are the property of their respective owners.

Jurisdictional Issues

The Sites are operated by Susan J. Schmitt from its offices in Santa Clara, CA, USA. The Sites are intended for users who reside in the United States of America. Susan J. Schmitt makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Susan J. Schmitt reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Legal Disputes

You and Susan J. Schmitt agree to give up any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you may have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.

Any dispute between you and Susan J. Schmitt, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, '”Susan J. Schmitt”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively "Covered Disputes") will be settled by binding arbitration administered by the American Arbitration Association (AAA). Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Susan J. Schmitt will provide such notice by e-mail to your e-mail address on file with Susan J. Schmitt and you must provide such notice by e-mail to susan@susanjschmitt.com.

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Susan J. Schmitt and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Susan J. Schmitt nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Limitation of Liability

IN NO EVENT WILL SUSAN J. SCHMITT OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Susan J. Schmitt HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

Regardless of the previous paragraphs, if Susan J. Schmitt is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) $100.

Mobile Devices and Mobile Applications

If you use a mobile device to access pages of the Sites optimized for viewing via a mobile device, opt in to receive SMS (text messages) from Susan J. Schmitt (as/when available) or using a mobile application, the following Terms (collectively "Mobile Terms") also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms.

You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Order Acceptance

All billing information provided must be truthful and accurate.  Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation.  The receipt of an order or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Prior to accepting an order we may also request additional information from you.  Susan J. Schmitt reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. We will notify you should such limits be applied. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Susan J. Schmitt reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Susan J. Schmitt reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Susan J. Schmitt's sole discretion.

Outages

Susan J. Schmitt periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Susan J. Schmitt has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

Privacy & Security

Please review our Privacy Policy which is incorporated into these Terms and also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms, the Terms govern.

Information security is important to Susan J. Schmitt. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Susan J. Schmitt does, however, reserve the right at all times to disclose any information as Susan J. Schmitt deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Right to Access

You must be at least age 13 to use the Sites. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.

If you are a parent or guardian that provides consent to your teenager's registration with and use of the Sites, you agree to be bound by these terms in respect of such teenager's use of the Sites.

Termination

Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms. You agree that Susan J. Schmitt, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if Susan J. Schmitt believes that you have violated or acted inconsistently with these Terms or for any other reason.

Susan J. Schmitt also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that Susan J. Schmitt may bar any further access to the Sites. Further, you agree that Susan J. Schmitt will not be liable to you or any third-party for any termination of access to the Sites.

You may terminate your account by sending a letter stating your intention to Susan J. Schmitt, 448 Oak Grove Drive, Unit 302, Santa Clara, CA  95054 or an email to susan@susanjschmitt.com with the subject line "Termination Request".

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms.

User-Generated Content

From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and others users ("User Content").

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to Susan J. Schmitt that: By submitting content to and through this Site, you are responsible for the following: (1) you are at least 13 years old; (2) you are the owner of the content; (3) the content is truthful and accurate; (4) the content will not cause injury to any person or entity; (5) the content does not infringe someone else’s copyright, trademark, proprietary rights or rights of publicity and privacy; (6) the content does not violate a law, statute, ordinance or regulation; (7) the content would not reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive or harassing to another party; (8) you were not paid to submit the content; (9) the content does not contain references to other websites, email addresses, contact information or phone numbers; (10) if the content contains the likeness or name of an identifiable person, you have that person’s permission to include their likeness/name in the content you are submitting; (11) the content does not contain computer viruses, worms or other potentially damaging programs or files; (12) you own or have the legal right to use and authorize Susan J. Schmitt to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (13) your User Content does not violate Susan J. Schmitt Acceptable Use Policy set forth below.

As between you and Susan J. Schmitt, you will retain all of your ownership rights in and to your User Content. By submitting User Content to Susan J. Schmitt, you hereby grant to Susan J. Schmitt a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Susan J. Schmitt (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms.

Susan J. Schmitt does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Susan J. Schmitt reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Susan J. Schmitt Winchester has the right to refuse, remove or delete any User Content and/or to terminate any user's access to the Sites if Susan J. Schmitt determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms. Susan J. Schmitt takes no responsibility for and expressly disclaims any and all liability in connection with User Content.

If you have questions, comments or complaints about these Terms or the Sites, please contact us at susan@susanjschmitt.com and reference "Questions about SJS Sites".