Terms and Conditions
BY VISITING Diane Dreher Coaching & Consulting, LLC and NorthStarPersonalCoaching.com,YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, please cease your use of our website immediately.
The terms “we,” “us,” and “our” refer to Diane Dreher Coaching & Consulting, LLC, a California limited liability company. The term the “Site” refers to NorthStarPersonalCoaching.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. On this site, you’ll find services and programs (the “Service”).
Use of NorthStarPersonalCoaching.com, including all materials presented herein and all online services is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the Site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site and Service
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
Information provided on the Site and in the Service related to careers, career change, job seeking and other information are subject to change. We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the Content. You also agree and understand that the Content provided on the Site is for informational purposes only and should not be relied upon. In addition, the Content cannot substitute for the advice of a trained professional. Your use of the Site does not create a professional relationship between us and you, and we have no professional obligations toward you unless you execute a separate client agreement between us and you for coaching or other services.
In order to use the Service to contact us for information or to receive our newsletter, you may be required to provide information about yourself including your name and email address. You agree that any registration information you give to us will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
Our Intellectual Property
The Site and Service contain intellectual property owned by us including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, copy, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service if we reasonably believe you are violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. It is your responsibility to keep track of any updates or changes we may make to our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, we are not liable for damages in connection with (I) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) loss of revenue, anticipated profits, business, savings, goodwill or data; and (III) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if we have been advised of the possibility of or could have foreseen the damages. In those provinces that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall our cumulative liability to you exceed the total purchase price of the service you have purchased from us, and if no purchase has been made by you, our cumulative liability to you shall not exceed $100.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and us pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us.
No waiver of any of the provisions of this Agreement by us shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the state of California as applied to contracts that are executed and performed entirely in the United States. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be California, U.S. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of the CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may mutually agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-license-able, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated May 2018.
Diane Dreher Coaching & Consulting, LLC (“we”, “us” or “our”) and our website NorthStarPersonalCoaching.com (the “Site”) understand that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits the Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and our obligations under the law.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and features of our Site;
“Cookie” means a small text file placed on your computer or device by our Site when you visit certain parts of our Site and/or when you use certain features of our Site. Details of the Cookies used by our Site are set out in section 11, below; and
“EU Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015.
2. Information About Us
2.1 Our Site, NorthStarPersonalCoaching.com, is owned and operated by Diane Dreher Coaching & Consulting, LLC, a California limited liability company.
2.2 We can be contacted at http://www.northstarpersonalcoaching.com/contact.html.
3. Scope – What Does This Policy Cover?
4. What Data Do We Collect?
4.2 contact information such as email addresses;
4.3 IP address (automatically collected);
4.4 web browser type and version (automatically collected);
4.5 operating system (automatically collected);
4.6 a list of URLs starting with a referring site, your activity on our Site, and the site you exit to (automatically collected).
5. How Do We Use Your Data?
5.2 We use your data to provide the best possible service to you. This includes:
5.2.1 Providing and managing your Account;
5.2.2 Providing and managing your access to our Site;
5.2.3 Personalizing and tailoring your experience on our Site;
5.3.2 Supplying information and services to you;
5.4 Under GDPR (the European Union’s General Data Protection Regulation) we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. (See section 12 below).
6. How and Where Do We Store Your Data?
6.1 We store your data, specifically your email address, with our website and newsletter hosts, only if you have subscribed to our newsletter in order to send you the latest version.
7. What Happens If Our Business Changes Hands?
7.2 In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will however, be given the choice to have your data deleted or withheld from the new owner or controller.
8. How Can You Control Your Data?
8.1 We aim to give you strong controls on our use of your data including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and at the point of providing your details.
9. Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it
9.1 You may access certain areas of our Site without providing any data at all. However, to use all features and functions available on our Site you may be required to submit or allow for the collection of certain data.
9.3 You may withdraw your consent for us to use your personal data at any time by contacting us using the details set out in section 13, and we will delete your data from our systems. However, you acknowledge this may limit our ability to provide the best possible service to you.
10. How Can You Access Your Data?
You have the legal right to ask for a copy of any of your personal data held by us (where such data is held). Please contact us for more details using the contact details below in section 13.
12. Summary of Your Rights under GDPR
Under the GDPR, you have:
12.1 the right to request access to, deletion of or correction of, your personal data held by us;
12.2 the right to complain to a supervisory authority;
12.3 be informed of what data processing is taking place;
12.4 the right to restrict processing;
12.5 the right to data portability;
12.6 object to processing of your personal data;
12.7 rights with respect to automated decision-making and profiling (see section 9 above).
13. Contacting Us
Updated May 2018.
General Data Protection Regulation
North Star Personal Coaching
Diane Dreher Coaching & Consulting, LLC
Diane Dreher, PhD, ACC, CMC
Life, Leadership, and Positive Psychology Coach