These Terms of Use govern your access to and use of suebzimmerman.com, sbzteam.com, learnwithsbz.com and takeactionwithsbz.com, including any content, functionality and services offered on or through suebzimmerman.com, sbzteam.com, learnwithsbz.com, takeactionwithsbz.com or any other websites owned or operated by SBZ (the “Website”), whether as a guest or a registered user.
This is an agreement between you and Susan B. Zimmerman Enterprise, LLC (the “Company,” “SBZ,” “we” or “us”). We invite you to access our websites and online content, but please note that this invitation is subject to your agreement to the following terms and conditions, together with any documents expressly incorporated by reference (the “Terms of Use” or “Terms”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (incorporated herein by reference). If you disagree with these Terms of Use, you must not access or use the Website.
Users of the Website must be 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise these Terms of Use from time to time in our sole discretion. Such changes are effective immediately upon our posting them. By continuing to use the Website following the posting of the revised Terms of Use, you accept and agree to the changes. As you will be bound by them, it is important that you review these Terms of Use regularly to ensure you are updated on any changes.
Privacy
Your use of the Website is subject to SBZ’s Privacy Policy. Please review it, as it also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Disclaimer
Your use of the Website is subject to SBZ’s Disclaimer. Please review the Disclaimer, as it also governs the Website and informs users about the limitations on the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
Purchases
Your purchase of any goods or services made on or through the Website is subject to SBZ’s Terms of Sale. Please review the Terms of Sale prior to making a purchase, as they contain important information about order refunds and other terms and conditions of your purchase. Your agreement to the Terms of Sale and/or Client Agreement is hereby incorporated into these Terms of Use.
Accessing the Website; Account Security
We reserve the right to withdraw or amend the Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or part of the Website is unavailable at any time or for any period. We may restrict access to some parts of the Website, or the entire Website, to users, including registered users, from time to time.
To access the Website or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from it that all the information you provide on the Website is correct, current, and complete. You agree that all registration information you provide to the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take that are consistent with our Privacy Policy with respect to your information.
If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to log out of your account at the end of each session. Use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, the user has violated any provision of these Terms of Use.
No Unlawful or Prohibited Use; Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the downloadable resources available from the Website strictly in accordance with these Terms of Use.
Your use of the Website is conditioned upon your warrant to the Company that you will not use the Website or any of the downloadable resources for any purpose that is unlawful or prohibited by these Terms. All content included as part of the Website, including text, graphics, logos, images, and the compilation thereof, as well as any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws protecting intellectual property and proprietary rights. You agree to observe and abide by all copyright and other protective and proprietary notices, legends or other restrictions contained in any such content, and will not make any changes thereto.
Prohibited uses of the Website and the content offered on and made downloadable through it include:
- No use in any manner that could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website.
- No modifying, publishing, leasing, selling, copying, sublicensing, transferring, assigning, or creating derivative works from, or in any way exploiting, any information, intellectual property, goods or services provided on or through the Website.
- No altering, modifying, adapting, reverse-engineering, decompiling, disassembling, or hacking of the Company’s intellectual property.
- No deleting or altering any proprietary rights or attribution notices in any content.
- No altering or modifying another website to falsely imply that it is associated with the Website.
- You must not use the Website for any illegal purpose.
- You must not violate anyone else’s legal rights (e.g., privacy rights) or any laws (e.g., copyright laws) in your jurisdiction.
- No using or exporting the Company’s information, products, or services in violation of intellectual property or U.S. export laws and regulations.
- You must not use the Website or the Company’s services or systems to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent or otherwise inappropriate, including any messages constituting or encouraging criminal conduct.
- Unauthorized access to the Company’s data or other users’ data is prohibited.
- You must not breach, or attempt to breach, the Website’s security systems.
- No obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided through the Website.
- You must not use the content available on or through the Website in any manner or location where such use or access is prohibited by any laws, restrictions or regulations.
- No enabling third parties to violate these Terms of Use.
Company content is not for resale. You are not entitled to make any unauthorized use of any protected content; in particular, you will not delete or alter any proprietary rights or attribution notices. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company 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 the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
Use of Templates and Forms
We provide templates and/or forms for download and/or sale via the Website. We grant you a limited, personal, non-exclusive non-transferable license to use these templates and/or forms 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 templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
- Any templates and/or forms you order, purchase or download may only be used by you for your personal or business use, and may not be sold or redistributed without the prior express written consent of the Company.
Use of Paid Courses, Programs and Associated Material
From time to time, the Company may provide various courses, programs and associated material for sale on the Website. We grant you a limited, personal, non-exclusive, non-transferable license to use these courses, programs, and associated material (collectively, the “Courses”) for your own personal or internal business use. Except as otherwise provided, by ordering or participating in Courses, 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.
- 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 prior express written consent of the Company.
- You will not create any derivative work(s) based upon the Courses or offer any competing products or services based upon any information contained in the Courses.
Use of Freemium Content
The Company provides various resources on and downloadable though the Website that are accessible to users who provide an e-mail address (“Freemium Content”). We grant you a limited, personal, non-exclusive, non-transferable license to use the Freemium Content 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 the Freemium Content.
- You will not offer any competing products or services based upon any information contained in the Freemium Content.
- You will only use the downloaded Freemium Content for your personal or internal business use.
- You will not sell or redistribute any Freemium Content without the prior express written consent of the Company.
For Educational and Informational Purposes Only
As set forth more fully in the Disclaimer, the information on and downloadable through the Website are for educational and informational purposes only. It is not intended, and shall not be understood or construed to be, legal, financial, tax, medical, health or other professional advice.
Accuracy and Personal Responsibility
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on and through the Website is accurate and valuable, but we cannot guarantee its accuracy or value to you. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on the Website, or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using the Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use or non-use of the information available on or through the Website. You agree to use good judgment and conduct due diligence before taking or implementing any actions suggested by or recommended on the Website.
No Guarantees as to Results
As set forth more fully in the Disclaimer, you agree that the Company makes no guarantees about the results of taking any action, whether or not recommended on the Website. The Company provides educational and informational resources intended to help users of the 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 the control and/or knowledge of the Company.
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—of applying the principles set out in the Website do not guarantee that you or any other person or entity will be able to obtain similar results.
Email and Other Electronic Communications
Visiting the Website or emailing SBZ constitutes an electronic communication. You consent to receive electronic communications from the Company, and that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and/or on the Website, satisfy any legal requirement that such communications be in writing.
We will happily communicate with you via email, and the Website allows you to send an electronic communication to the Company. However, any such email or electronic communication does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee never to disclose such communications in contexts such as a court order.
Use of Communication Services
The Website may contain bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other messaging or communication features enabling 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; or violate any applicable laws or regulations.
The Company is not obliged to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials, in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
The Company reserves the right at all times to disclose any information 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, at the Company’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service; therefore, we specifically disclaim 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 Company spokespersons, and their views do not necessarily reflect those of the Company.
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.
Links to Third-Party Websites and Services
The Website may contain links to other Websites (“Linked Websites”). Linked Websites are not under the control of the Company. The Company is not responsible for the contents of any Linked Website. The Company provides these links only as a convenience to you. The inclusion of any Linked Website does not imply endorsement by the Company of the Linked Website or any association with its operator.
Certain services made available via the Company Website are delivered by third-party websites and organizations. By using any product, service or functionality originating from the Company Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.
Limited Money-Back Guarantee
The Company provides a money-back guarantee for certain products and services. The refund and cancellation policies are governed by the terms of the Terms of Sale and/or the Client Agreement for the specific product or service purchased.
We reserve the right in our sole discretion to refuse or terminate your access to our Website, Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by e-mailing the e-mail address you provided upon purchase of the Program, Product or Service, or creating an account on the Website.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Warranties
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY ASSOCIATED PERSON OR ENTITY MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THE WEBSITE AND/OR THE DOWNLOADABLE RESOURCES ON THE WEBSITE. THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE OR CONSEQUENTIAL, FROM USE OF THE WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY IMPROVE AND/OR MODIFY THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY 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 LAW, IN NO EVENT SHALL THE COMPANY 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 WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Website, the Company, any and all contracts you enter into with the Company and any and all of the Company’s Products and/or Services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration, to occur in Boston, Massachusetts. You further agree to, and do hereby, waive any right to class arbitration and agree instead to an arbitration related solely to any individual claims you assert against the Company. To the maximum extent permitted by law, you further agree to assume responsibility for all costs associated with initiating the arbitration and for the administration of the arbitration.
Governing Law
These Terms and any dispute of any sort that might arise between you and SBZ are governed by and shall be construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without regard to choice- or conflicts-of-law principles.
International Users
The Website is controlled, operated and administered by SBZ within the United States of America. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws.
Indemnification
You agree to indemnify, defend and hold harmless the Company, 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 Website or services; any user postings made by you; or your violation of any of these Terms of Use, any rights of a third party or any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to exclusively assume the defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with the Company in asserting any available defenses.
Termination and Access Restrictions
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. All of these Terms of Use, including, but not limited to, all copyright, trademark and intellectual property rights; disclaimers; limitations of liability; release of claims and the Refund Policies in your Client Agreement or Terms of Sale will still apply now and in the future, even after termination by you or us. To the maximum extent permitted by law, you consent to resolve any and all disputes arising under or related to the Website or these Terms of Use pursuant to the Arbitration clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this Termination section.
No Joint Venture or Other Relationship
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of your agreement to these Terms or use of the Website. The Company’s performance of these Terms is subject to existing laws and legal process. Nothing contained in these Terms derogates the Company’s right to comply with governmental, judicial or law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.
Severability
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the Warranty, Disclaimers and Limitation of Liability set forth herein, 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 rest of these Terms shall remain in effect.
Entire Agreement
Unless otherwise specified herein, these Terms of Use, along with the Privacy Policy, Disclaimer, and Terms of Sale, constitutes the entire agreement between you and the Company with respect to the Website. The Terms of Use supersedes all prior or contemporaneous communications, whether electronic, oral or written, about the Website, between you and the Company. A print version of the Terms of Use and any other electronic notice shall be admissible in judicial or administrative proceedings based upon or relating to these Terms, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Use and all related documents be written in English.
Contact Us
SBZ welcomes your questions or comments regarding the Terms of Use:
Susan B. Zimmerman Enterprise, LLC
53 Central Park Ct., Falmouth, MA 02540
customercare@suebzimmerman.com
Effective as of December 3, 2020
Revised August 22, 2022
