Agreement between user and Damaysi.com
Welcome to Damaysi.com. The Damaysi.com website (the “Site”) is comprised of various web pages operated by Damaysi Vazquez (“Damaysi Vazquez”). Damaysi.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Damaysi.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Damaysi.com is a website which provides education, teachings, and training to women and men from around the world in the areas of personal development, fitness, and emotional health via online courses, private coaching, audios, videos, books and other forms of communication.
Visiting Damaysi.com or sending emails to Damaysi Vazquez constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Damaysi Vazquez does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Damaysi.com only with permission of a parent or guardian.
Damaysi Vazquez will, at her discretion, allow for the return or replacement of any defective product within 30 days from the date of purchase. After 30 days all sales are final. If a customer requests a refund, the money for the requested transaction is refunded back to the customer. If the refund is for a recurring billing product, then the return policy allows for the most recent payment to be returned. A refund on a recurring billing product will also result in a cancellation. If customers request a cancellation for their recurring billing product no future rebills will be charged to their account. Keep in mind, a cancellation will not generate a refund; it will only stop future rebills. There are no refunds on services that include one on one time. Contracts can not be canceled for one on one services, and no refunds will be granted.
Links to third party sites/Third party services
Damaysi.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Damaysi Vazquez and Damaysi Vazquez is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Damaysi Vazquez is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Damaysi Vazquez of the site or any association with its operators.
Certain services made available via Damaysi.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Damaysi.com domain, you hereby acknowledge and consent that Damaysi Vazquez may share such information and data with any third party with whom Damaysi Vazquez has a contractual relationship to provide the requested product, service or functionality on behalf of Damaysi.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Damaysi Vazquez or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Damaysi Vazquez content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Damaysi Vazquez and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Damaysi Vazquez or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Damaysi Vazquez has no obligation to monitor the Communication Services. However, Damaysi Vazquez reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Damaysi Vazquez reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Damaysi Vazquez reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Damaysi Vazquez’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Damaysi Vazquez does not control or endorse the content, messages or information found in any Communication Service and, therefore, Damaysi Vazquez specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Damaysi Vazquez spokespersons, and their views do not necessarily reflect those of Damaysi Vazquez.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to Damaysi.com or posted on any Damaysi Vazquez web page
Damaysi Vazquez does not claim ownership of the materials you provide to Damaysi.com (including feedback and suggestions) or post, upload, input or submit to any Damaysi Vazquez Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Damaysi Vazquez, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Damaysi Vazquez is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Damaysi Vazquez’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Damaysi Vazquez 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 Damaysi Vazquez Content accessed through Damaysi.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Damaysi Vazquez, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Damaysi Vazquez reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Damaysi Vazquez in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DAMAYSI VAZQUEZ AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DAMAYSI VAZQUEZ AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DAMAYSI VAZQUEZ AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAMAYSI VAZQUEZ AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF — USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE — USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO — USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE — USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DAMAYSI VAZQUEZ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECA– USE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF — USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Damaysi Vazquez reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Damaysi Vazquez as a result of this agreement or use of the Site. Damaysi Vazquez’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Damaysi Vazquez’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Damaysi Vazquez with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Damaysi Vazquez with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Damaysi Vazquez with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Damaysi Vazquez reserves the right, in its sole discretion, to change the Terms under which Damaysi.com is offered. The most current version of the Terms will supersede all previous versions. Damaysi Vazquez encourages you to periodically review the Terms to stay informed of our updates.
Damaysi Vazquez welcomes your questions or comments regarding the Terms:
Email Address: [email protected]
Effective as of January 01, 2016
Collection of your Personal Information
Damaysi Vazquez may collect personally identifiable information, such as your name. If you purchase Damaysi Vazquez’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by Damaysi Vazquez. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Damaysi Vazquez website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Damaysi Vazquez’s public message boards, this information may be collected and used by others.
Damaysi Vazquez encourages you to review the privacy statements of websites you choose to link to from Damaysi Vazquez so that you can understand how those websites collect, use and share your information. Damaysi Vazquez is not responsible for the privacy statements or other content on websites outside of the Damaysi Vazquez website.
Use of your Personal Information
Damaysi Vazquez collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Damaysi Vazquez may also use your personally identifiable information to inform you of other products or services available from Damaysi Vazquez and its affiliates. Damaysi Vazquez may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Damaysi Vazquez does not sell, rent or lease its customer lists to third parties.
Damaysi Vazquez may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Damaysi Vazquez, and they are required to maintain the confidentiality of your information.
Damaysi Vazquez may keep track of the websites and pages our users visit within Damaysi Vazquez, in order to determine what Damaysi Vazquez services are the most popular. This data is used to deliver customized content and advertising within Damaysi Vazquez to customers whose behavior indicates that they are interested in a particular subject area.
Damaysi Vazquez will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Damaysi Vazquez or the site; (b) protect and defend the rights or property of Damaysi Vazquez; and, (c) act under exigent circumstances to protect the personal safety of users of Damaysi Vazquez, or the public.
Security of your Personal Information
Damaysi Vazquez secures your personal information from unauthorized access, use or disclosure.
Children Under Thirteen
Damaysi Vazquez does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Damaysi Vazquez by scrolling to the bottom of the email and clicking “unsubscribe”.
Changes to this Statement
Damaysi Vazquez will occasionally update this Statement of Privacy to reflect company and customer feedback. Damaysi Vazquez encourages you to periodically review this Statement to be informed of how Damaysi Vazquez is protecting your information.
Damaysi Vazquez welcomes your questions or comments regarding this Statement of Privacy. If you believe that Damaysi Vazquez has not adhered to this Statement, please contact Damaysi Vazquez at:
Effective as of January 1, 2016