Terms of Use

YOU at the Center
(Rachel Davis, LLC)

Legal Terms of Use & Privacy Policy

A. Legal Terms

Introduction

The following terms of use (“TOU”) form a legal agreement between you and Rachel Davis, LLC, a Colorado Limited Liability Company, and its affiliates (“RDL”).  By accessing, browsing and/or using this Website, www.youatthecenter.com or other websites operated by RDL or its affiliates on which this TOU is posted or the Content on such sites (Collectively, the “Website“), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Website.

Terms of Use and Legal Restrictions

The content of this Website, including but not limited to the text and images herein and their arrangement, are copyrighted by RDL and all rights are reserved to RDL. RDL hereby authorizes you to copy and display the content herein, but for your personal, non-public and non-commercial use only. Any copy you make must include the following notice:  Copyright © 2009-2014 Rachel Davis, LLC – All Rights Reserved. If attribution to RDL is included, limited quotations from the content are hereby permitted provided that they reflect well upon RDL. You may not copy or display for redistribution to third parties or for commercial purposes any portion of the Content without the prior written permission of RDL.  You also may not, without RDL’s permission, “mirror” or “frame” any material in Content contained on this Website on any other server.

RDL Logos, Trademarks & Proprietary Rights

“Rachel Davis LLC” and all RDL logos are trademarks or registered trademarks of RDL.  RDL’s trademarks may be used publicly with permission only from RDL.  Nothing contained herein currently or in the future shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly provided above), or other proprietary rights of RDL or of any third party.

No Warranty; Limitation of Liability

RDL makes no representations about the suitability of the Content of this Website for any purpose. All content and services are provided “AS-IS” without any warranty of any kind. RDL hereby disclaims all warranties and conditions with regard to the content, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall RDL, its suppliers or third parties mentioned on this website be liable for any special, indirect, exemplary, or consequential damages or any damages whatsoever, direct or otherwise, including but not limited to loss of use, data, or profits, or business interruption, without regard to the form of any action, including but not limited to contract, negligence, or other tortious actions, arising out of or in connection with: (A) the use, copying, or display of the content or interaction with RDL using the Website; OR (b) the use, inability to use, or the results of use of this Website, any websites linked to this Website, or the materials, information or services contained at any or all such sites; or (c) the products, promotions, services or related items that may be delivered by RDL, its sponsors, affiliates or other third parties.  Liability will be limited and excluded even if any exclusive warranty fails of its essential purpose and even if a damaged party has been advised of the possibility of damages. If your use of the materials, information or services from this Website results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

RDL Content & Registration for RDL Courses

Although RDL believes the Content to be accurate, complete, and current, RDL makes no warranty as to the accuracy, completeness or currency of the Content. It is your responsibility to verify any information before relying on it. The Content of this Website may include technical inaccuracies or typographical errors. RDL may from time to time make improvements or changes in the Content products, promotions, services programs (“Content”) described herein at any time without notice. Any opinions expressed herein are solely those of the creators of the material and are not the opinions of RDL, its sponsors or its affiliates, or of the management of those entities. Participation in an RDL course will require agreement to a separate program agreement. Please click ‘here’ for the RDL registration page.

User Submissions

Other than personally identifiable information subject to the privacy policy below, or client-specific proprietary information submitted under a separate Program Development or similar RDL participant agreement, any material, information or other communication you transmit or post to this Website will be considered non-confidential and non-proprietary. RDL will have no obligations with respect to such submissions. RDL and/or its designees will be free to copy, disclose, distribute, incorporate and otherwise use such submissions, including all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

Prohibited Postings & Use by Minors

You are prohibited from posting or transmitting to or from this Website any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, or which violates any law. The Website is not intended for use by children under the age of eighteen.

Termination of Access

If you breach any of these terms, your authorization to use the Website automatically terminates and you must immediately destroy any Content or other downloaded or printed materials. RDL also reserves the right to terminate your authorization to use any services on the Website and to delete any one or more of your related accounts, if any, with or without cause, immediately and at any time.

No Confidentiality of Unsolicited Submissions

Personally identifiable information submitted by you is subject to RDL’s Privacy Policy.  All other information is deemed non-confidential and RDL does not want to receive confidential or proprietary information from you through our Website.  If you are an RDL participant and have signed an applicable program agreement, please submit your information personally or to a private facsimile or e-mail address provided to you. Please note that any information or material sent by non-participants to RDL will be deemed not to be confidential. 

Third Party Websites

RDL makes no representations whatsoever about any other website which you may access through this one. When you access a non-RDL website, even one that may contain the RDL logo, please understand that it is independent from RDL, and that RDL has no control over the content on that website. In addition, a link to a non-RDL website does not mean that RDL endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Applicable Laws

This Website is administered by RDL from its offices within the United States. RDL makes no representation that materials or services at this Website are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the Content at the Website or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws.

Arbitration

You agree to submit any disputes regarding this TOU, the Website, or RDL Content, exclusively to binding arbitration by the Judicial Arbiter Group of Denver, Colorado.  This Section shall not operate to limit any right to enforce, to the extent necessary, a Judicial Arbiter Group judgment in a court of law.  With respect to claims not properly subject to this exclusive arbitration clause, you hereby exclusively and irrevocably submit to, and waive any objection against, the personal jurisdiction and venue of the United States District Court for the District of Colorado, and the state courts of the State of Colorado located in the County of Denver, Colorado.  If RDL prevails in any action to enforce its rights hereunder, you shall in addition to all other remedies, immediately reimburse RDL’s attorneys’ fees, court costs and other expenses of suit, arbitration or otherwise.

B. Privacy Policy

Introduction

Rachel Davis, LLC, A Colorado Limited Liability Company and its affiliates (“RDL“) respects your online privacy and personally identifiable information (“Personal Information“) of others using the Website.  You do not have to provide Personal Information on this Website, but if you do choose to provide us with your Personal Information, we will use that information in accordance with this Privacy Policy. 

Registration Information

RDL’s most commonly received Personal Information in conjunction with requests to receive the RDL Newsletter and registration for RDL events or promotions, and for processing associated registration payments.  All such information will be used for such purposes by RDL and its third party payment processing supplier.

Promotion Notices; Opt-Out

By providing your Personal Information to RDL as part of a request to receive the RDL Newsletter, register for an RDL event or promotion, or to receive other information or services from RDL, RDL will provide you notice of other upcoming or periodic RDL events, promotions, services and other items of interest to RDL course participants, event attendees and others who have requested to receive information from RDL (“Notices”).  In many cases, these notices are restricted to persons who have expressed an interest in particular events topics.  You may of course choose to ‘opt-out’ of receiving these notices by:

Informed Consent

In the event RDL wishes to use your Personal Information in a manner not described in this Policy, RDL will not do so without your informed consent.  This means that such proposed use will not be authorized unless (a) we first inform you of the proposed use, and (b) you consent to such use. 

Third Party Services

RDL may utilize its local affiliates or other third parties to publish its newsletters, to process payments, to distribute Notices or to collect Personal Information for the foregoing purposes, and your Personal Information provided to us in connection with such services may be shared with such third parties for such purposes.  RDL will take reasonable steps to ensure that these third-party service providers are obligated to protect your Personal Information and to utilize it only for the purposes of such processing, at RDL’s direction, and in accordance with this Privacy Policy.

Cookies and Other Tracking Technologies

Some of our Website pages utilize “cookies” and other common tracking technologies to collect information about RDL web site activity.  Your Personal Information (e.g., login and password) may be used to confirm your account, registration or membership status and to provide online services available only to restricted persons.  You may set most browsers to accept, reject or otherwise control cookies, but please note that certain RDL services may not be available if your browser settings reject cookie usage.  Other tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that RDL sites are accessed. Our use of cookies and other tracking technologies allows us to improve RDL websites (e.g., analyzing performance and other trends and statistics).

Consent & Contact Information

By using the Websites, you consent to the terms of this RDL Privacy Policy.  If you have any comments or questions regarding this Privacy Policy, please contact us at GetCentered@YouAtTheCenter.com.