Terms of Use | Dina Cataldo

TERMS & CONDITIONS

UPDATED: August 7, 2024, 1450 PST

Dina Cataldo International, LLC, (“Dina Cataldo,” “we,” “us,” or “our”) invites you to access and use our websites and podcast, including, without limitation, dinacataldo.com (the “Website”) as well as download free content for your personal use.

We provide visitors to our Website (“Visitors”) access to the Website and Podcast subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.

Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

All Terms are governed by California law.

1. Description and use of our Websites

We provide Visitors and Registered Users with access to the Services as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.

Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Dina Cataldo community.

Dina Cataldo is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion at any time. In addition, Dina Cataldo may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

2. Community Guidelines

Dina Cataldo’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;

You will not upload, post, email, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
You will not “stalk,” threaten, or otherwise harass another person;
You will not spam or use the Websites to engage in any commercial activities;
If you post any Registered User Content, you will stay on topic;
You will not access or use the Websites to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.

3. Restrictions

The Websites are only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

4. Sign-in Name; Password; Unique Identifiers

During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

5. Program Terms

For 1:1 coaching with Dina Cataldo, by agreeing to work with Dina Cataldo you agree to the following terms:

Definition of Services

A. Coaching Plan. Dina will provide you with (1) 90-minute, one-on-one Zoom-based

coaching session and a total of (24) 50-minute coaching sessions occurring approximately one per week.

B. The 6 Month Coaching Plan will be extended for a maximum of 10 months from the signing date to allow for any last minute hearings, client requests and unexpected circumstances such as illnesses that the client may need to handle during the regularly scheduled sessions.

Your 10 month term shall commence upon your execution of this Agreement.

Nature of the Relationship

A. Dina offers educational services. These sessions are coaching sessions for your

strategizing, education and personal accountability. By signing this Agreement, you

acknowledge you understand and agree these coaching sessions are not psychological counseling, relationship counseling, financial advising, estate planning nor any other type of counseling or therapy sessions.

B. In addition, by signing this Agreement, you acknowledge that Dina is not a financial

advisor. No content provided by Dina is intended as financial advice.

C. If you feel you want or need professional counseling or therapy, please consider seeking the help of a licensed professional. Many people find the assistance of therapy in addition to coaching helpful.

Cancellation Policy

A. Cancellation. In the event that you would to cancel this Agreement, you must provide written notice to Dina, stating the reasons that you have decided to cancel sent to di**@di*********.com. Once that notice is received, the Client agrees to have an additional conversation via Zoom with Dina to clear up any questions. If after that conversation the Client would still like to cancel the Agreement, because Dina’s actual damages would be difficult to calculate, you agree to pay to Dina $495.00 as liquidated damages, and not as a penalty, if you cancel your coaching prior to completing your coaching contract. These damages will assist in covering fees incurred when a refund is requested from a third party such as PayPal or Stripe as well as incidental expenses. These liquidated damages will be due at the time of cancellation and may be deducted from payments already made. These liquidated damages are non-transferable. In the event you decide to cancel this Agreement, Dina shall retain the tuition of the coaching sessions you have completed, and will calculate any refund due based proportionately on the total amount of the contract and the amount of sessions completed, plus the amount of the liquidated damages.

Missed and Rescheduled Sessions

A. If you would like to reschedule or need to skip an appointment, you must notify Dina via Voxer or at di**@di*********.com prior to your regularly scheduled appointment. If you do not, the call will be considered a completed session and will not be replaced. This may be reconsidered on a case-by-case basis for purposes of fairness.

B. If you’re late to your scheduled call, the coaching session will end at its regularly

scheduled time, irrespective of the length of the call, and will be considered a completed session.

General Provisions

A. Warranties. You acknowledge you are not relying upon any warranties, promises, guarantees or representations made by Dina or anyone acting or claiming to act on behalf of Dina unless it is in writing and made a part of this Agreement. All advertising material and all prior representations or agreements, if any, whether oral or written, are hereby superseded by this Agreement. This Agreement contains the entire understanding and agreement between you and Dina and no addition or modification of any terms shall be effective unless set forth in writing and signed by you and Dina. No sales representative of Dina has the authority to modify the terms of this Agreement.

B. Acceptance. By executing this agreement, you agree to be bound by all the terms and conditions herein. Your execution of this Agreement will be required prior to commencement of any Coaching sessions as contemplated by this Agreement.

C. Subject to Change. Dates and times of sessions will be determined by Coach availability.

D. Assignment. This Agreement may not be assigned to another individual or entity.

Payment Method

Client authorizes Dina to accept payment as directed by Client and authorizes Dina to charge your credit card on file, if any, for any and all amounts due pursuant to this Agreement.

Indemnification

You agree to indemnify and hold harmless Dina, and affiliated companies, their officers, directors and employees from any and all claims, demands, suits, expenses, costs, judgments or other charges incurred by you as a result of your choice to participate in these coaching sessions as outlined by this Agreement. You will not hold Dina or other Company employees

responsible for any negligent actions or adverse results, whether known or unknown, that

you may incur or suffer as a result of the coaching sessions you receive pursuant to this

Agreement.

Disputes

Any controversy between you and Dina arising out of, in connection with or related to this

Agreement shall be submitted to final, binding and conclusive arbitration. The arbitration shall

be administered by JAMS pursuant to the JAMS Arbitration Rules and Procedures then in effect.

Any arbitration shall be held in Sacramento, California and the laws of California shall govern this Agreement.

Recordings

One-on-one sessions are not recorded unless you request it to be. From time-to-time Dina will hold special events such as webinars, group coaching sessions, Business Strategy Calls, workshops, etc. that you will be invited to attend and receive coaching during the event. Participation is completely voluntary. These events are recorded. If you participate in these events by getting coaching, your audio and image will be recorded. You agree that if you voluntarily receive coaching during an event that your image and audio recording may be used in future rebroadcasts/replays for other users of Dina’s services. These recordings will not be used in any promotions or in public areas on Dina’s website.

The remedy for any disagreement or damages will be limited to the amount paid for services.

RESCHEDULING POLICY

(i) Last Minute Hearings/Client Matters/Family Emergencies

For last minute hearings/client matters/family emergencies, please notify me as soon as you know about it and reschedule it on my Strategy Session page here.

If you can’t find a spot on my schedule that works for you, I’ll add your session onto the end of your coaching package.

Please give me at much notice as possible.

If notice isn't given, I will count that session towards your coaching package, meaning you will lose that session.

(ii) Vacations/Special Events

For vacations or special events, please notify me 48 hours in advance of our session. Otherwise, I will count that missed session towards your coaching package, and you will lose that session.

(iii) Holidays

We won’t have session on these holidays:

New Years’ Day, January 1st
Easter Sunday, April 1, 2024
Independence Day, July 4th
Memorial Day, May 27, 2024
Labor Day, September 4th, 2023
Martin Luther King, Jr. Day, January 15th, 2024
Thanksgiving, November 23 and 24, 2023
Christmas Eve, December 24th
Christmas, December 25th
New Years’ Eve, December 31st

If there are additional holidays you would like to observe (like Mothers’ Day, Fathers’ Day, Ramadan, etc.), please let me know as soon as possible, but at least 48 hours in advance.

You can reschedule our session on the Strategy Page here or we will add it on to your package.

(iv) NO-SHOWS

For no-shows at sessions, that session will be counted towards your coaching package, and you will lose that session.

For all sessions rescheduled on the Strategy Session page, we will me at your original Zoom link. Please ignore the reminder email link.

This policy change will make it easier for clients who need to reschedule to find space on my calendar, and it will free up my time as well.

If you have any questions, please email di**@di*********.com.

Exceptions may be made on a case-by-case basis.

For any programs or courses purchased from Dina Cataldo outside 1:1 coaching, by agreeing to work with Dina Cataldo you agree to the following terms:

Coaching for these programs is recorded. That means that your image, audio and the content of any coaching you receive will be recorded. All recordings are property of Dina Cataldo International, LLC and will not be edited to remove your image, audio or content of any coaching you receive to benefit future users of the program and/or course. You agree that your image and audio may be used in perpetuity in these programs. Dina agrees that your image and audio will NOT be used in promotion of any such programs.
From time-to-time Dina will hold special events such as webinars, group coaching sessions, Business Strategy Calls, workshops, etc. that you will be invited to attend and receive coaching during the event. Participation is completely voluntary. These events are recorded. If you participate in these events by getting coaching, your audio and image will be recorded. You agree that if you voluntarily receive coaching during an event that your image and audio recording may be used in future rebroadcasts/replays for other users of Dina’s services. These recordings will not be used in any promotions or in public areas on Dina’s website.
The remedy for any damages will be limited to the amount paid for services less transactional fees charged by PayPal or any other institution like Stripe, etc.
Client authorizes Dina to accept payment as directed by Client and authorizes Dina to charge your credit card on file, if any, for any and all amounts due pursuant to this Agreement.
You agree to indemnify and hold harmless Dina, and affiliated companies, their officers, directors and employees from any and all claims, demands, suits, expenses, costs, judgments or other charges incurred by you as a result of your choice to participate in these coaching sessions as outlined by this Agreement. You will not hold Dina or other Company employees responsible for any negligent actions or adverse results, whether known or unknown, that you may incur or suffer as a result of the coaching sessions you receive pursuant to this Agreement.
Any controversy between you and Dina Cataldo arising out of, in connection with or related to courses/programs shall be submitted to final, binding and conclusive arbitration. The arbitration shall be administered by JAMS pursuant to the JAMS Arbitration Rules and Procedures then in effect. Any arbitration shall be held in Sacramento, California and the laws of California shall govern this Agreement.

Additional terms apply as stated below.

6. Intellectual Property

The Websites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Dina Cataldo (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Dina Cataldo. Dina Cataldo retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Dina Cataldo (“Dina Cataldo's Trademarks”) used and displayed on the Websites are registered and unregistered trademarks or service marks of Dina Cataldo. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Dina Cataldo's Trademarks, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Dina Cataldo's Trademarks inures to our benefit.

Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

The Website provides various resources on each Website, which users may access by providing an e-mail address and first name. The Website grants you a limited, personal, non-exclusive, non-transferable license to use our resources (content) provided in exchange for an email address for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner.

By downloading the Content, you agree that the Content you download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of Dina Cataldo.

By downloading the Content, you further agree that you shall not create any derivative work based upon the Content and you shall not offer any competing products or services based upon any information contained in the Content.

7. Registered User Content; Licenses

As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT DINA CATALDO, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, Dina Cataldo, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Dina Cataldo that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Dina Cataldo and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

8. Communications with Us

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, 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 without compensation or attribution to you.

9. No Warranties; Limitations of Liability

THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITES OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.

10. External Sites

The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

You'll also see some links that are affiliate links. These affiliate links will be noted with an asterisk (*) or otherwise noted.

11. Representations; Warranties; and Indemnification

(a) If you are a Registered User, you hereby represent, warrant, and covenant that:

You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
Use of your Registered User in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
You shall not submit to the Website any Registered User Content that violates our Community Guidelines set forth above or any other term of this Agreement.

(b) You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Websites; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

12. Compliance with Applicable Laws

The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

13. Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability. The following sections shall survive any termination of this Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”

14. Digital Millennium Copyright Act

Dina Cataldo respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Northwest Registered Agent, Inc. (#C3184722), 2108 N ST, STE N, Sacramento , CA 95816

If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

15. CONTROLLING LAW

This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

16. BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules,or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

The sole remedy is up to the amount the client paid for services.

Our registered agent is: Northwest Registered Agent, Inc. (#C3184722), 2108 N ST, STE N, Sacramento , CA 95816

17. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.

19. Miscellaneous

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

20. Use of paid courses, programs, and associated material

Dina Cataldo from time-to-time provides various courses, programs, and associated material for sale on this Website. She grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

21. No guarantee of results

You agree that Dina Cataldo has not made any guarantees about the results of taking any action, whether recommended on this Website or not. She provides educational and informational resources that are intended to help users of this Website succeed. 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 our control and/or knowledge.

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

Earnings disclaimer: Every effort has been made to accurately represent our programs and the educational value they provide. However, there’s no guarantee you’ll earn more money using the techniques and ideas in these materials. When we present revenue and sales figures on our website and other channels, we’re showcasing actual client results and they are exceptional meaning they don’t reflect the average experience. You should not rely on these presentations as any kind of guarantee that you’ll experience that level of success. Your results will be determined on factors over which we don’t have control such as your level of effort, prior experiences, your financial condition, and changes in market conditions. Building any business, including a legal practice, carries risks, and your use of any information contained on this website is at your own risk. We provide content without any express or implied warranties. By continuing to use our site and access our content, you agree that we are not responsible for any decision you make regarding any information presented or as a result of purchasing any of our products or services.

22. International Users and GDPR Policy

This Website is controlled, operated and administered from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.

You have the right to request access to your data that the Website stores and the rights to either rectify or erase your personal data.

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data.

To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

Whew! That was a lot.

Thank you for becoming part of the community!

If you have any questions, please feel free to email us at Di**@Di*********.com.