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BIRD'S EYE

BRANDING & DESIGN STUDIO

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info@bev-design.com   ·   (410) 645-0061

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© 2019 by Bird Eye View LLC

GENERAL PROVISIONS

GENERAL PROVISIONS
 

This website is owned and operated by Lexi D’Angelo Coaching LLC, a Massachusetts company.

This Website Usage Agreement (“Agreement”) is between a User (“you,” “your”) and the owners of Lexi D’Angelo LLC (“we,” “our,” “the company”). Your participation in the use of this website is conditional on your acceptance of the terms and conditions contained in this Agreement. You are deemed to have accepted this Agreement by using the website.

You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

 

TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT
 

All programs, products, and services are owned and provided by Lexi D’Angelo Coaching LLC (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at magic@lexidangelo.com and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).

 

PRIVACY
We respect Your privacy. This Privacy Policy is designed to explain how We collect, use, share, and protect the personal information You provide to Us when You access Our website, purchase Our goods or services, or engage with Us on social media, as well as Your own rights to the information We collect.

Please read this Privacy Policy carefully. We will alert You to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on Our website, and You waive specific notice of any changes to the Policy by continuing to use and access Our site(s). We encourage You to review this Privacy Policy periodically, when You use Our website for any purpose or engage with Us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by Your continued use of Our website after the revised Privacy Policy is posted.

 

MOBILE DEVICE DATA
If You use Our website via a mobile device or app, We may collect information about Your mobile device, including device ID, model and manufacturer, and location information.

 

OTHER DATA
On occasion, You may give Us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that You are offering this kind of information in exchange for an entry into such a contest or giveaway.

 

HOW WE USE YOUR INFORMATION
 

Your information allows Us to offer You certain products and services, including the use of Our website, to fulfill Our obligations to You, to customize Your interaction with Our company and Our website, and to allow Us to suggest other products and services We think might interest You. We generally store Your data and transmit it to a third party for processing. However, to the extent We process Your data, We do so to serve Our legitimate business interests (such as providing You with the opportunity to purchase Our goods or services and interact with Our website or mobile app).

 

Specifically, We may use the information and data described above to:

Create and administer Your account; and
Deliver any products or services purchased by You to You; and
Correspond with You; and
Process payments or refunds; and
Contact You about new offerings that We think You will be interested in; and
Interact with You via social media; and
Send You a newsletter or other updates about Our company or website; and
Deliver targeted advertising; and
Request feedback from You; and
Notify You of updates to Our product and service offerings; and
Resolve disputes and troubleshoot any problems; and
Administer contests or giveaways; and
Generate a profile that is personalized to You, so that future interactions with Our website will be more personal; and
Compile anonymous statistical data for Our own use or for a third party’s use; and
Assist law enforcement as necessary; and
Prevent fraudulent activity on Our website or mobile app; and
Analyze trends to improve Our website and offerings.
 

GROUNDS FOR USING + PROCESSING YOUR DATA
 

The information We collect and store is used primarily to allow Us to offer goods and services for sale. In addition, Lexi D'Angelo Coaching LLC may collect, use, and process Your information based on the following grounds:

 

LEGITIMATE BUSINESS INTERESTS
 

We may use and process Your data for Our legitimate business interests, which include, among other things, communicating with You, improving Our goods or services, improving Our website, and providing You with the information or products that You have requested.

Performance of a Contract: We may use and process Your information to enter into a contract with You and to perform Our contractual obligations to You.

Consent: We may use Your data, or permit selected third parties to use Your data, based on Your consent to Our use and sharing of that data. You may withdraw Your consent at any time, but doing so may affect Your ability to use Our website or other offerings.

As required by law: We may also use or process Your data as required for Us to comply with legal obligations.

 

EXTERNAL LINKS
Our website may include hyperlinks to other websites not controlled by Us. We suggest You exercise caution when clicking on a hyperlink. Although We use reasonable care in including a hyperlink on Our own web page, We do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences You suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third-party website that You access by a hyperlink, nor are they bound by ours. We encourage You to read the Policies of those third-party websites before interacting with them or making purchases. They may collect different information and by different methods than We do.

 

PERSONAL INFORMATION
At times, personal information, such as your name and email address are collected in exchange for our content and/or products. We will never force you to give us this information; such activity is strictly voluntary.

 

ANALYTICS
This website tracks visitors for the purpose of analyzing user data and metrics. This is done through cookies and pixels, as well as other, more modern means.

 

COOKIES, LOG FILES AND WEB BEACONS
Like many other Web sites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.

We also use cookies to store information about visitors’ preferences, to record user-specific information on which pages the site visitor accesses or visits, and to personalize or customize our web page content based upon visitors’ browser type or other information that the visitor sends via their browser.

 

THIRD-PARTY PRIVACY POLICIES
You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. Lexi D’Angelo Coaching LLC's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. You may find a comprehensive listing of these privacy policies and their links here: Privacy Policy Links.

If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. What Are Cookies?

 

CONSENT
By using our website, you hereby consent to these Terms including our template/product license, site use agreement and privacy policy.

 

CONTACT INFORMATION
The owner of this website is Lexi D’Angelo LLC. Our email address is magic@lexidagelo.com.

 

EMAIL
You agree to receive email or other electronic communications from us including but not limited to newsletters, site updates, promotion resources, and other announcements and correspondence if you opted in to such email. You agree that all electronically-sent agreements, notices, disclosures and other communications that we provide satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications. We accept no responsibility for the accurate receipt of any such emails and you are responsible for ensuring that your email address is not blocked or impaired in any way, including by ensuring ‘white-listing’ of our email address.

If you unsubscribe from receiving our emails, you acknowledge and understand that you may no longer receive information or updates from Lexi D'Angelo Coaching LLC, related courses, or any of our other properties.

 

INTELLECTUAL PROPERTY (IP) OWNERSHIP
We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights that may subsist in our websites including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to Lexi D'Angelo Coaching LLC or any of our other properties or to our licensors (“IP”). You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in this Agreement or with prior written consent from us.

GUARANTEES, LIABILITY AND DISCLAIMERS
WARRANTIES
While we endeavor to ensure that our website content is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the material appearing on Lexi D'Angelo Coaching LLC or any of our other website properties beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our websites and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether express, implied, statutory, or otherwise) including but not limited to warranties of non-infringement, merchantability, or fitness for a particular purpose.

 

EARNINGS DISCLAIMER
We (Lexi D’Angelo Coaching LLC) make(s) no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through our communications or your participation in the purchase of any of our products or participation in our affiliate program. Past results are not an indication or promise of your results. There is no guarantee you will earn any money using any of our materials, and your revenue is dependent solely on you and your actions or non-actions.

 

AFFILIATE DISCLAIMER
We reserve the right to link to products or services for which Lexi D’Angelo Coaching earns a commission. A commission, affiliate fee and referral fee are all the same thing for this purpose. We will use reasonable efforts to conspicuously disclaim affiliate links in articles, resources and similar communications.

 

LIMITATION OF LIABILITY
To the extent legally permitted, in no event shall Lexi D'Angelo Coaching LLC, courses, or any of our other properties or our affiliates, distributors, licensors, agents, or any of our or their directors, employees, or agents be liable as a result of your use of our websites or use of this website for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data howsoever arising including without limitation through an action in contract, tort (including negligence) or otherwise, even if we or our affiliates, distributors, licensors, or agents, or any of our or their directors, employees, or agents have been advised of the possibility of such damages.

 

CONSUMER GUARANTEES
If you are using our products for business purposes, you agree that the guarantees provided or any comparable consumer protection legislation shall not apply to separately purchased services.

 

AVAILABILITY
Your use of our website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our websites or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable to you should our websites or the services supplied through our websites become unavailable, interrupted or delayed for any reason.

 

MALICIOUS CODE
Although we endeavor to prevent the introduction of viruses or other malicious code (together, “malicious code”) to our websites, we do not guarantee or warrant that our websites, or any data available therein, do not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our websites does not expose your computer system to the risk of interference or damage from malicious code.

 

SECURITY
Although we endeavor to protect the security of your contact information, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our websites. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of our websites or any outbound hyperlinks.

 

INDEMNIFICATION
Your use of our websites and content is voluntary. You shall indemnify us and our affiliates, distributors, licensors, and agents and all of our and their directors, employees, and agents against, holding all harmless from any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your use of our websites and content or your failure to maintain the confidentiality or security of your password or access rights.

 

MISCELLANEOUS
WAIVER
Any waiver by us of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.

 

AMENDMENTS
We reserve the right to amend this Usage Agreement and Disclaimer as needed from time to time. You are bound by any changes made to this Agreement and your acceptance of any income through or due to the Affiliate Program will be regarded as acceptance by you of any changes to this Agreement. We will endeavor to inform you of any changes made to this Agreement via email.

 

FEEDBACK
If you provide us any feedback about our websites or any products, you grant us the right to use that feedback for the purpose of improving our websites or Affiliate Program (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide acknowledgment of their source.

 

SEVERABILITY, HEADINGS & MERGER
Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect. This Agreement supersedes any existing communications or Agreements, and is the full extent of the agreement between the parties.

 

ADVERTISEMENTS
We do not necessarily endorse or recommend any of the goods or services advertised on or through our websites. We do not necessarily endorse or recommend any affiliates using our services.

 

SOCIAL MEDIA
We reserve the right to share screenshots and the words of any praise and testimonials about our Company, Products, Services, Projects, and the like, and share these on our website, social media, marketing and advertising materials.

 

THIRD-PARTY WEBSITES
Our websites provide links and pointers to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

 

GOVERNING LAW
This Agreement is governed by the laws of the state of Massachusetts the United States of America (USA) and the courts of Massachusetts, USA shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this Agreement.

 

ALL RIGHTS RESERVED
All rights not expressly granted in this Agreement are reserved by us.

If you do not see a usage scenario here that applies to your intended usage, or for any questions about our company guidelines, contact us at magic@lexidangelo.com.

 

UPDATE
Should we update, amend or make any changes to this license, terms and conditions of use or privacy policy, those changes will be posted here.


LEGAL STUFF & FINE PRINT
Lexi D’Angelo Coaching LLC is a separate entity from the owner, Alexis D’Angelo. That means that Alexis D’Angelo is not personally liable to you for anything, period.

Lexi D’Angelo Coaching LLC can’t guarantee that our work will be error-free because we are human and sometimes make mistakes which is why you get the opportunity to review the work we have done for you and to make corrections before completion. Because we’re not perfect and we are working with information you provide to us, Lexi D’Angelo Coaching LLC can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. If you’ve represented yourself or any items you provide to Lexi D’Angelo Coaching LLC or us erroneously (either purposefully or not), you agree to indemnify and hold Lexi D’Angelo Coaching LLC harmless from any and all legal proceedings, judgments or awards that may result from such errors.

Nothing in this agreement will keep Lexi D’Angelo Coaching LLC from working for, or from taking on, any other client, even if that client is in competition with you.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable or separate from this contract and shall not affect the validity and enforceability of the rest of the agreement.

If we ever find a point in our working relationship where we simply cannot agree on something, we will make attempts to resolve this disagreement informally and in good faith, and part as friends. If that doesn’t work out, we’ll agree to bring in a third party for mediation (and ultimately arbitration if mediation doesn’t work) to sort out the problem, because the very last thing anyone wants to do is go to court. We’ll divide the cost for the mediator and/or arbitration equally between us, and the arbitration will take place in Boston, Massachusetts.

You can’t transfer this contract to anyone else without permission from Lexi D’Angelo Coaching LLC.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Massachusetts courts and the Suffolk County District Court.