update: July _ 2018
Kuntzman Coaching, LLC d/b/a Transforming Toddlerhood (“TT”) offers a website with parent training videos (the “Videos”) and other educational material
at www.raisingtoddlerscourageously.com (collectively, the “Website”) featuring independent presenters on a variety of topics (“Presenters”). Visitors browsing the Website as well as
users who pay for access to content (collectively, “Users”) are each bound by these Terms
of Use. By using this Website, you are agreeing that you have read and
(the “Agreement”). Please review the following terms carefully.
1. Website Overview
TT offers users
limited paid licenses to stream the Videos.
The Website is a platform and does not review or approve
information provided by Presenters. TT
aims to provide accurate information about the Videos and Presenters but does
not guarantee accuracy and from time to time may change or update such content.
2. Fees and Refunds
User is not charged any fee for using the Website, however User
is responsible for applicable license fees for the All-Access Pass for the
Videos. You agree to be financially responsible for any purchases made by you
or anyone acting on your behalf.
The license granted in connection with the All-Access pass is
subject to immediate termination without notice or refund in the event the TT
ceases its business operations.
3. User Guidelines
By using the Website, you represent that will comply with the
guidelines set forth below.
warrant, and agree that you:
· are over the age 13;
· will use the Website only for lawful, intended
purposes and will not violate any applicable local, state, federal, and
international law, rule, or regulation applicable to the Website; nor violate
the intellectual property rights of another
· will not disrupt this Website, interfere with
any other User’s use of this Website, or interfere with or compromise the
security of this Website;
· will not engage in any data mining, data
harvesting, data extracting, or any other similar activity in relation to this
· will not attempt to gain access to secured
portions of the Website to which you do not possess access rights or obtain or
attempt to obtain any materials, content, or information through any means not
intentionally made available or provided for through the Website; and
· will not circumvent, reverse-engineer, modify,
disable, or otherwise tamper with any security technology that TT uses to
protect the Website or Videos.
4. Copyright, Trademark and Intellectual
“Transforming Toddlerhood,” “Transforming Toddlerhood,” the TT logo, “Raising Toddlers
Courageously” and other marks, page headers, scripts, logos, and button icons
are either registered trademarks, trademarks, trade names, service marks, or
otherwise protected property of TT and may not be used, copied, or imitated
without the prior written consent of TT. Other trademarks, trade names, company
names, Website marks, and otherwise protected property displayed on this Website
are the property of their respective owners and are subject to the terms and
conditions applied by those owners to their intellectual property.
All content (including, without limitation, any computer code,
images, Videos, other video and audio and streaming files, navigation schemes
and layout) comprising the Website (collectively, “Content”) is owned by or licensed to TT. The copyright in and to
this Website is owned by TT. TT retains and reserves all rights in and to this Website
and all Content.
a purchase of an All-Access Pass, one person has the right and license to view
(stream) on User’s own equipment the Videos, as well as download transcripts, bonus
documents, and audio files on this Website for your personal, noncommercial use
only. The All-Access pass includes access only to specified Videos and not
additional content on the Website. Users may not sublicense or redistribute the
Content in any manner and User login and password info may not be shared.
Such permission terminates automatically if you breach this
Agreement and is otherwise revocable at TT’s discretion. The reproduction, distribution,
transmission, display, or use of this Website and any Content is prohibited
without the prior written consent of TT.
User will indemnify, defend, and hold harmless TT and TT affiliates,
against any claims, lawsuits, allegations, and investigations, and any related
damages, losses, expenses, and penalties (including attorney fees) arising out
of or in connection with (i) all use of and access to the Website and Videos;
(ii) any breach or alleged breach by User of this Agreement or of the
representations and warranties herein or (iii) any violation of law or
regulation, or any third party right, including without limitation any
copyright, property, or privacy right.
6. Presenter and Third Party Content
TT displays Content supplied by Presenters and other third
parties on its Website. TT maintains no editorial control over this Content.
The Website does not constitute and should not be regarded as an endorsement or
recommendation of Presenter quality.
7. Disclaimers/Liability Limits
THIS WEBSITE IS PROVIDED “AS IS,” AND “AS AVAILABLE.” TT MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, NEITHER ON
BEHALF OF ITSELF NOR ON BEHALF OF ANY PRESENTER, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, CONCERNING THE OPERATION OR USE OF THE WEBSITE, THE CONTENT,
PRODUCTS AND/OR WEBSITES AVAILABLE ON OR THROUGH THIS WEBSITE. TT DOES NOT
WARRANT THAT THIS WEBSITE OR THE VIDEOS WILL BE AVAILABLE AT ALL TIMES OR THAT
A USER’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.
The quality of the streaming Videos may vary from device to
device, and can be impacted by a variety of factors, such as the User’s
location and the speed and/or bandwidth of the User’s internet connection. TT has no way of addressing User computer
hardware, software or internet connection issues.
TT AND AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS,
USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY PRESENTERS OR THIRD PARTIES.
RELIANCE ON PRESENTER INFORMATION IS DONE AT USER’S SOLE RISK AND LIABILITY TT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
DAMAGES SUFFERED AS A RESULT OF (I) UNAVAILABILITY, ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) QUALITY OF CONTENT OFFERED BY PRESENTERS, (III)
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT MADE AVAILABLE VIA THE WEBSITE.
IN NO EVENT SHALL TT, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE ABOVE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TT IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE PERMITTED, TT’S
SOLE LIABILITY TO YOU UNDER THESE TERMS FOR DIRECT DAMAGES SHALL BE LIMITED TO
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES AND EXCLUSION OF CERTAIN DAMAGES SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
9. Use of Information
To know what privacy measures TT has taken and what information
we retain from your visit to this Website, please read our Website Privacy
Policy, which is incorporated herein by reference.
10. Change of Terms
time to time to ensure you are familiar with the most current version of it.
Users can determine when this Agreement was last modified by checking the “Last
updated” notice on the top of the Agreement. Your continued use of the Website
constitutes your agreement to any changes made. If you do not agree to TT’s Terms
of Use, DO NOT use the Website.
11. Links to Other Websites
The Website may contain links to other websites. We are not
responsible for the content, accuracy, or opinions expressed in such sites and
such sites are not investigated, monitored, or checked for accuracy or
completeness by TT. Inclusion of any linked site does not imply approval or
endorsement of the linked site by TT. If you decide to leave the Website or
access these third-party sites, you do so at your own risk, and should review
that site’s own policies.
12. Term and Termination
We may terminate your access to all or any part of Website at
any time, with or without cause or notice, effective immediately. In the event
of termination based on what is, in TT’s reasonable discretion, User breach,
your access to Videos may be terminated.
13. Questions or Concerns
If you have a question or complaint regarding the Website,
please send an e-mail to firstname.lastname@example.org.
14. General Provisions
This Agreement (and the other TT agreements referenced
above) constitutes the entire and only agreement between you and TT and
supersede all prior or contemporaneous agreements, representations,
warranties, and understandings with respect to the subject matter hereof.
The Parties’ rights and obligations under sections
intended by their nature to survive including, without limitation,
payment, intellectual property, limits on warranties and liability,
indemnity, termination and choice of law provisions shall survive the
termination or expiration of this Agreement.
This Agreement shall be interpreted and enforced in
accordance with applicable federal law and the laws of the State of Ohio,
without regard to any principles of conflict of laws, and venue and
jurisdiction shall be in the courts of Cuyahoga County, Ohio. The
prevailing party in any proceeding shall have the right to collect from
the other party its reasonable costs, disbursements, and all attorneys’
fees incurred in enforcing this Agreement.
If any provision of this Agreement is determined to be
invalid or unenforceable, such invalidity or unenforceability shall not
affect the remaining provisions. The failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the
right to enforce such provision.
You agree that all notices, disclosures, and other
communications that TT provides to you electronically (including by
e-mail) satisfy any legal requirement that such communications be in
This Agreement and the rights granted and obligations
undertaken hereunder may not be assigned, transferred, or delegated in any
manner by User, but may be freely assigned, transferred, or delegated by TT.