SECTION 1: OVERVIEW
1.1. This website is operated by ALLY MEYERS TRAINING, LLC, a limited liability company organized and existing under the laws of the State of New York, engaged in the business of providing training focused on mental wellness, including, but not limited to, the management of stress and the increase of resilience, productivity, and well-being. Throughout this website, the terms “we”, “us”, “our”, and the “Company” refer to ALLY MEYERS TRAINING, LLC. We offer this website, including all information, tools, products, and services available from this website to you (the “User”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
1.2. By viewing this website, or anything made available on or through this website, including but not limited to programs, products, services, packages, opt-in gifts, free downloads, videos, webinars, blog posts, e-newsletters, consultations, emails, social media, and/or other communication (collectively referred to as the "Website"), you are agreeing to accept all parts of the following terms and conditions (“Terms of Service"). These Terms of Service apply to all Users of the site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1.3. Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of this Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, you may not access the Website or use any content, products, or services therein. These Terms of Service are considered an offer, with acceptance expressly limited to these Terms of Service.
1.4. Any new features, information, tools, products, and services which are added to the current Website shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this webpage. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website and/or your procurement of any product or service using our Website, following the posting of any changes to these Terms of Service, constitutes acceptance of those changes.
SECTION 2: WEBSITE TERMS
2.1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence. Our Website does not allow access to anyone under the age of eighteen (18), otherwise known as a “Child”. We do not knowingly collect personally identifiable information from anyone under the age of eighteen (18). If you are a parent or guardian and you are aware that your Child has provided us with personally identifiable information, please immediately contact us. If we become aware that we have collected personally identifiable information from a Child, we will take steps to remove that information from our servers.
2.2. You may not use our Website for any illegal or unauthorized purpose. Nor, may you, in the use of the Website, violate any laws in your jurisdiction, including, but not limited to, copyright laws.
2.3. You must not upload or transmit any worms, viruses, or any type of malicious code of a destructive nature to the Website that will or may be used in any way that will affect the functionality or operation of our Website or of any related website, other websites, or the Internet.
2.4. A breach or violation of any of these Terms of Service will result in an immediate termination of your privileges as a User of this Website.
2.5. We reserve the right to refuse service to anyone for any reason at any time.
2.6. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the content on our Website, use of the Website, or access to the Website, without express written permission by us.
SECTION 3: PROHIBITED USES
In addition to the prohibitions set forth in Section 2, pertaining to Website Terms, you are also prohibited from using this Website or its content to (i) solicit others to perform or participate in any unlawful acts, (ii) violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances, (iii) infringe upon or violate our intellectual property rights or the intellectual property rights of others, (iv) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (v) submit false or misleading information, (vi) collect or track the personal information of others; (vii) spam, phish, pharm, pretext, spider, crawl, or scrape, (viii) engage in any obscene or immoral purpose, (ix) reverse engineer, or attempt to reverse engineer or disassemble, any code or software from the Website, or (x) violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network. We reserve the right to terminate your use of our Website or any related website for violating any of the prohibited uses.
SECTION 4: EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information provided in or through this Website is for educational and informational purposes only, to be used solely as a self-help tool for your own use, and is not intended to serve as medical or professional advice. The use of any information provided on this Website is solely at your own risk. No assurance can be given that the advice contained in this Website will always include the most recent findings or developments with respect to the particular material addressed therein. The content is not meant to be complete or exhaustive or to be applicable to any individual's specific circumstances. We assume no duty to correct or update the Website nor to resolve or clarify any inconsistent information that might be a part of the Website.
SECTION 5: MEDICAL DISCLAIMER
Ally Meyers, the founding member of Ally Meyer Training, LLC, is not a doctor/physician, nurse, physician's assistant, advanced practice nurse, or any other medical professional ("Medical Provider") or a psychiatrist, psychologist, therapist, counselor, or social worker ("Mental Health Provider"). Nor does Ally Meyers hold herself out to be such a Medical Provider or Mental Health Provider. This Website is not an attempt to practice medicine or provide specific medical advice, and it should not be used to make a diagnosis or to replace or overrule a qualified health care provider's judgment. A User should not rely upon this Website for medical advice, diagnosis, or treatment. The content on this Website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult with a qualified and licensed physician or other medical care provider, and follow such physician’s or medical care provider’s advice, without delay, regardless of anything read on this Website.
SECTION 6: PERSONALLY IDENTIFIABLE INFORMATION
6.1. Personally identifiable information is information about you that is personally identifiable, such as your name, address, email address, credit card number, or phone number. This Website collects voluntarily provided personally identifiable information, which may include, but is not limited to, your name, address, email address, and billing and/or credit card information (i) in order for you to subscribe to our Website’s email newsletter, obtain free materials, take advantage of promotional offers, participate in surveys, and purchase products and/or services, and (ii) to enable our Company to deliver such aforementioned newsletter, materials, promotional offers, products and/or services which you have requested. It is the intent of this Website to use personally identifiable information only for the purpose for which it was requested, and any additional uses specifically provided on this Website.
6.2. We disclose personally identifying information only to our employees, contractors, and affiliated organizations that (i) need to know such information in order to process it on our behalf so that we can provide the materials, services, and/or products requested by you from our Website, and (ii) such employees, contractors and affiliated organizations have agreed, in writing, not to disclose such information to any third party.
6.3. We will not now, nor will we in the future, sell, rent, or lease any of our customer lists, your name, or any of your personally identifiable information to any third parties.
6.4. We may disclose your personally identifiable information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:
6.4.1. Remain in conformance with any decrees, laws, and/or statutes or in an effort to comply with any process which may be served upon us and/or our Website.
6.4.2. Maintain, safeguard, and/or preserve all the rights and/or property of the Company.
6.4.3. Respond, to a lawful request by public authorities, pertaining to national security or law enforcement, regarding an effort to safeguard the personal safety of the Users of this Website and/or the general public.
6.5. Circumstances may arise, whether for strategic or other business reasons, in which we may decide to sell, buy, merge, or otherwise reorganize our business. Such a transaction may involve the disclosure of personally identifiable information to prospective or actual purchasers, or, conversely, the receipt of such personally identifiable information from sellers. It is our established practice to seek appropriate protection for all personally identifiable information in advance of any such transaction.
SECTION 7: COOKIES
7.1. A cookie is a string of information that our Website stores on a User’s computer, and that the User’s browser provides to our Website each time the User returns. We use cookies with respect to our Website to help identify and track visitors, their usage of our services, and their website access preferences. If you do not wish to have cookies placed on your computer, you should set your browsers to refuse cookies before using our Website, with the potential drawback that certain features of the Website may not function properly without the aid of cookies.
7.2. Our servers may also automatically record information when you visit our Website, including the URL that directed you to our Website, your IP address, browser type, and the date and time of your visit.
SECTION 8: GOOGLE ANALYTICS
We presently use Google Analytics for tracking Users and aggregating information about the traffic to our Website, including the collection of pseudonymous information about how that User interacted with the page, hits, how long the User was on page, and where the User came from. The collection of personally identifiable information such as name, email address, or billing information, however, is currently prohibited by Google Analytics’ terms of service. The Google Analytics privacy policy can be found at https://policies.google.com/privacy. To provide website Users the ability to prevent their data from being used by Google Analytics, Google Analytics has developed an opt-out browser which can be found at https://tools.google.com/dlpage/gaoptout.
SECTION 9: EMAIL NEWSLETTER AND PROMOTIONS
9.1. You may sign up for the Company’s weekly email newsletter by providing your first name and email address via an opt-in form found on our Website. This opt-in form was created in a different third party site and has been embedded via html on our Website. The aforementioned information, provided by you via such opt-in form, is then collected and used to send out our weekly email newsletter to our subscribers.
9.2. Free materials may be available from us, from time to time, and may likewise be obtained via the provision of your first name and email address to us.
SECTION 10: LINK TO ALLISONMEYERS.COM
Our Website provides a link to ALLISONMEYERS.COM, Ally Meyers’ prior website, with respect to content that we would like to be available to the Users of our Website. ALLISONMEYERS.COM has its own separate privacy policy, terms of use, and/or legal disclaimer which may be found on ALLISONMEYERS.COM.
SECTION 11: DIGITAL PRODUCTS
11.1. It our intent that our Users will be able to purchase digital products, such as downloadable workbooks and audio files, through this Website. When these digital products become available to purchase by our Users, the purchase will be handled by a third-party provider, Shopify.
11.2. Credit card information is used solely for payment processing with respect to the purchase of our digital products and fraud prevention efforts. Credit card information, and other sensitive personally identifiable information required to process a purchase, is not used for any other purposes by us or our third-party provider, Shopify. Such credit card information will not be retained any longer than necessary to provide for your purchase, unless you request that we and/or Shopify retain your credit card information to streamline your future purchases from our Website.
11.3. All digital products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens.
11.4. We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing, or other information on this Website is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. In the event of an error, whether on this Website, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
SECTION 12: THIRD PARTY LINKS
12.1. Certain content, resources, and services available via our Website may include materials from third parties.
12.2. Third party links on our Website may direct you to third party websites that are not affiliated with us. The existence of such third party links is not intended to be, and should not be taken as, an endorsement by us of any product or service that may be available through such external websites. We are not responsible for examining or evaluating the content or accuracy of such third party websites and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.
12.3. We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand these policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
SECTION 13: USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
13.1. If, at our request, you send certain specific submissions, such as contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (“Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you send to us. We are and shall be under no obligation to (i) maintain any Comments in confidence; (2) pay compensation for any Comments; or (iii) respond to any Comments.
13.2. We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
13.3. You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
SECTION 14: RIGHTS WITH RESPECT TO USER DATA
14.1. As a User of this Website, you can request to see or download the data that we have about you. This will include, among other things, personally identifiable information and payment history regarding any purchases you made with respect to this Website.
14.2. You can also request “to be forgotten” and we will erase any personally identifiable information that we have about you. Such a request “to be forgotten”, however, excludes data we need for administrative or security purposes or if we are required by law to retain some of such data.
14.3. If you seek access to your data or seek to correct, amend, or delete inaccurate data, you should direct your query, via email, to ally@allisonmeyers.com. We will respond within a reasonable timeframe, not to exceed thirty (30) days.
SECTION 15: DATA SECURITY AND DATA BREACH PROCEDURES
15.1. We will implement and maintain reasonable and appropriate administrative, technical, and physical safeguards to (i) ensure the security and confidentiality of personally identifiable information, (ii) protect against anticipated threats or hazards to the security or integrity of personally identifiable information, and (iii) protect personally identifiable information from loss, misuse and unauthorized access, disclosure, alteration, and destruction, taking into due account the risks involved in the processing and the nature of the personally identifiable information.
15.2. We shall comply with the confidentiality, privacy, and data security requirements of any federal, state, or local law applicable in Albany County, New York, in connection with the performance of these Terms of Service.
15.3. Should any event occur where your data has been lost, stolen, or potentially compromised, our policy is to alert our Users, via email, no later than seventy-two (72) hours of our Company became aware of the event. We will also report such incident to any required data protection authority. We will work closely with any Users affected to determine the next steps such as any end-user notifications, needed patches, and how to avoid any similar event in the future.
15.4. If we ever were to engage in any onward transfers of your data with third parties for a purpose other than which it was originally collected or subsequently authorized, we would provide you with an opt-out choice to limit the use and disclosure of your personal data.
SECTION 16: INTELLECTUAL PROPERTY
16.1. You agree that the Website and the contents therein are the property of the Company, including any
copyrights, trademarks, trade secrets, patents, and other intellectual property. You agree that the Company owns all rights, title, and interest in the Website and the contents therein and that you will not use the Website or the contents therein for any unlawful or infringing purpose. You agree not to copy, reproduce, modify, publish, distribute, post, or transmit the contents of this Website in any way, without express written permission from the Company.
16.2. The Company makes no proprietary claim to any third party copyrights, names, trademarks, or service marks appearing on this Website. Any such third party copyrights, names, trademarks, or service marks are the property of their respective third party owner.
16.3. As the Company respects the intellectual property of others, we will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any such alleged infringement. If you believe that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media on our Website, by either us or one (1) of our users, please contact us regarding such alleged infringement.
SECTION 17: LIMITATION OF LIABILITY
By using this Website, you agree to absolve us of any liability or loss that you or any other person may incur from the use of the information, products, or materials that you request or receive through or on this Website. You agree that we will not be liable to you, or to any other individual, company, or entity, for any type of damages or losses, including direct, indirect, special, incidental, equitable, or consequential losses or damages, for use of or reliance on this Website. You agree that we do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition, or issue, and/or any other type of loss or damage due to any act or default by us or anyone acting as our agent, consultant, affiliate, joint venturer, partner, member, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with us or who is engaged in delivering content on or through this Website.
SECTION 18: INDEMNIFICATION AND RELEASE OF CLAIMS
You hereby fully and completely hold harmless, indemnify and release us and any of our agents, consultants, affiliates, joint venturers, partners, members, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with us from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, which may arise in the past, present, or future that is in any way related to this Website.
SECTION 19: NO WARRANTIES
The Website and any products and services delivered to you through the Website are provided “as is” and “as available” for your use. We make no warranties related to the performance or operation of this Website. We further make no representations or warranties of any kind, express or implied, as to the information, content, materials, programs, products, or services included on or through the Website. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
SECTION 20: ERRORS AND OMISSIONS
20.1. Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies, omissions, or typographical errors. You agree that we are not responsible for the views, opinions, or accuracy of facts referenced on or through this Website, or for any errors, inaccuracies, or omissions that may occur. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, if any information on the Website is inaccurate at any time, without prior notice.
20.2. We undertake no obligation to update, amend, or clarify information on the Website, except as required by law. No specified update or refresh date applied on our Website should be taken to indicate that all information on our Website has been modified or updated.
SECTION 21: JURISDICTION, VENUE, AND CHOICE OF LAW
Through your use of the Website, you agree that the laws of the State of New York, with the exception of its conflict of law provisions, shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between you and the Company. In the case of any such dispute, you and the Company agree to submit such dispute to the jurisdiction of the state and federal courts located in Albany County, New York. You and the Company agree that this choice of law, venue, and jurisdictional provision is not permissive, but rather mandatory in nature, and hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
SECTION 22: UNITED STATES BASED COMPANY
We are a United States-based company and Website. We make no representation that any aspect of our Website or any product or service procured using our Website is appropriate or available for use outside of the United States or may be used for persons who are residents of other countries. Those who access our Website from locations outside the United States are responsible for compliance with applicable local laws here in the United States. The Website or any product procured using our Website is subject to any applicable export laws and restrictions.
SECTION 23 ENTIRE AGREEMENT
23.1. These Terms of Service and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including, but not limited to, any prior versions of these Terms of Service.
23.2. As noted in Section 1.4 herein, we reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Website and your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
23.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 24: ASSIGNMENT
These Terms of Service or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should these Terms of Service, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, our rights and liabilities will bind and inure to any such assignee, purchaser, successor, lessee, or transferee.
SECTION 25: SEVERABILITY
If any part of these Terms of Service is held invalid or unenforceable by a court of competent jurisdiction located in Albany County, New York, the remaining part of such Terms of Service will be enforced to the maximum extent possible. In such circumstances, the remainder of these Terms of Service shall continue in full force and effect.
SECTION 26: NO WAIVER
In the event that we fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of such provision or of any other provision. The waiver of any part of these Terms of Service will not constitute a waiver of any other part thereof.
SECTION 27: HEADINGS FOR CONVENIENCE ONLY
Headings contained in these Terms of Service are for convenience and organization only and shall not affect the
meaning of any provisions of these Terms of Service.
SECTION 28: NO AGENCY, PARTNERSHIP, OR JOINT VENTURE
No agency, partnership, or joint venture has been created between the you and us as a result of these Terms of Service. Neither you nor the Company has any authority to bind the other to any third party.
SECTION 29: FORCE MAJEURE
We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, pandemics, and other acts which may be due to unforeseen circumstances.
SECTION 30: TERMINATION
30.1. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Website or when you cease using our Website.
30.2. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate, at any time without notice, these Terms of Service and your ability to access our Website.
30.3. The obligations and liabilities of you and the Company, incurred prior to the termination date of these Terms of Service, shall survive the termination of these Terms of Service for all purposes.
SECTION 31: WEBSITE ACCESS INTERUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
SECTION 32: PERSONAL RESPONSIBILITY REGARDING USE OF WEBSITE
You must aim to accurately represent the information provided to us on or through our Website. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices, actions, and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from our Website to your life, family or business. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.
SECTION 33: APPLICABLE CONTACT INFORMATION
If you have any questions or concerns, please contact us at the address, telephone number, or email noted below:
Ally Meyers
Ally Meyers Training, LLC
Email: ally@allisonmeyers.com
PRIVACY / LEGAL TERMS