Terms

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

The following terms ("Terms of Use") constitute an agreement between Voice Body Connection LLC, a New York limited liability company ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (the “Website”), located at https://www.voicebodyconnection.com/.  You agree to abide by the Terms of Use as a condition of Your use of the Website.

Your use of the Website constitutes your acceptance of, and agreement to the following Terms of Use. Company reserves the right to modify, alter, amend or update the Website, its policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you should not purchase the Course.

Company may, without notice, refuse access to the Website, in whole or part, to any person that fails to comply with these Terms of Use.

PURCHASE POLICIES

On the Website, you may purchase courses, such as Release Your Voice, How Your Voice Works, How To Have Presence and How To Speak Your Truth.  You may also enroll in free courses on the Website. Collectively all of the courses offered shall be referred to as the “Courses” and individually as a “Course.” The Courses are provided through Kajabi and consists of video content that is viewable through the dashboard on the Website and downloadable content that is hosted by Company on the Website. Course content is available only to those who have enrolled in the Course. After purchase, you will have access to the Course so long as the Company maintains the Course as a product offering.   Any term referencing the Website will also include the Courses. 

REFUND POLICY

Course fees are non-refundable.  However, we want our students to be happy, so if you are not fully satisfied with the class, you may submit a request for withdrawal in writing to [email protected] within one (1) month of the start date. You must have fully completed all homework assignments to that date, and share why the course is not meeting your needs.

LICENSE FOR USE OF PRODUCTS AND SERVICES

The Courses were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.  Certain products and services are subject to separate terms and conditions.

 PRIVACY POLICY

Company respects your privacy and is committed to protecting it.  Please review our privacy policy for more information.

GENERAL DISCLAIMER

Company has made every effort to ensure that all information on the Website has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website.

Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.

You understand that a professional or consulting relationship does not exist between you and Company. A separate agreement is necessary to retain Company for consulting purposes.

BUSINESS COACHING AND CONSULTING DISCLAIMER

We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website.  Everything provided on the Website is for informational purposes only.

VOCAL COACHING DISCLAIMER

You understand that instructor of the Courses, Elissa Weinzimmer is a vocal coach and not a clinician. You understand that this class is not meant to replace clinical treatment, and that Elissa is not qualified to diagnose or advise you on any medical conditions. You represent that you are enrolling in the course for educational purposes only, to learn tools and techniques that may help you release vocal tension. You understand that there is no guarantee of results, and agree that you will consult your doctor prior to enrolling in the Course. 

YOUR RESPONSIBILITY

The Website and the Courses were developed strictly for educational purposes. You understand and agree that you are fully responsible for your participation, progress, and results from the Courses and any information gained from the Website. Company makes no representations, warranties or guarantees.  You understand that results may vary from person to person. You understand that Company is not responsible for your results or any expenses that you may incur as a result of your purchase of a Course or use of the Website. Company assumes no responsibility for errors or omissions that may appear on the Website or in the Course.

USE OF THE WEBSITE

This Website includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, email and use materials from this Website for personal, noncommercial purposes only subject to the license below. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from this Website for commercial purposes. Any reproduction or unauthorized use of any materials found on this Website shall constitute infringement.

Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

• Republication of content from the Website, unless content is specifically and expressly made available for republication;

• Sale, rental or sub-license of any content from the Website;

• Reproduction or duplication of any content on the Website for commercial purposes;

• Modification of any content on the Website, unless content is specifically and expressly made available for modification;

• Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.  

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.

You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Company's express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without Company's express written permission. 

INTELLECTUAL PROPERTY

All original materials provided by Company as part of the Website and any Course are owned by Company. Any original materials are provided for your individual use only for your internal business purposes. You are not authorized to use or transfer any of Company's intellectual property to any third party or for the benefit of any third party. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

By accessing and viewing any Course, you agree that you will not create any electronic information product that utilizes the information gained through the Course whether or not that information was available through other means.

Certain of the names, logos, and other materials displayed in the Course constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("Company IP"). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and You agree not to make any claims or assertions of any other party’s ownership of Company IP.

Voice Body Connection, Release Your Voice, How to Warm Up, How Your Voice Works, 5 Days To Confidence on Camera, How To Have Presence and How To Speak Your Truth are trademarks of Company and are protected by United States trademark law. Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company. 

EQUITABLE RELIEF

You acknowledge and agree that in the event of certain breaches of the Terms of Service, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Voice Body Connection LLC, www. www.voicebodyconnection.com, or the experts featured on the Website.

From time to time, the Website will legally utilize trademarks owned by third parties related to Company’s services. These trademarks are the respective property of their owners.  

CHILDREN'S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.

REGISTRATION AND RESTRICTED ACCESS

Access to the Courses is restricted to Course members.  When you register, you will create a user profile, which may include a username and password. You agree to keep your username and password confidential. If you suspect your password has been compromised, you must notify Company immediately at [email protected]. Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.

Company may disable your username and password and/or may limit your access to the Courses at its sole discretion and without notice to you.

Company reserves the right to modify methods for registration and access levels of registered users from time to time.  

LIKENESS RELEASE

By participating in a Course, you consent to be filmed as a participant in the Course.  You hereby grant Company a worldwide, irrevocable, royalty-free and sublicensable right to use your image, likeness, photograph and recording (the “Likeness”) in connection with display of the Course, in any medium now known or created. You hereby warrant that no third parties have rights in the Likeness and you have no contractual or other arrangements which would interfere with or prevent the above-mentioned grant of rights. You hereby release Company from any claims related to use of the Likeness in connection with the Course. You agree not to sue and  to indemnify and hold harmless Company, and its directors, officers, agents and employees, licensees, and assigns, against and from any and all claims, liability, loss and damage, including reasonable attorney’s fees, caused by or arising wholly or in part, directly out of the use of the Likeness in accordance with these terms, and to defend at my expense any litigation instituted by others against any of them resulting therefrom.

You may opt out of this release by sending express written notice to [email protected] with the subject Opt-Out of Release and indicating the Course name and date of recordings.

Communication - Electronic Notice

You consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice. 

Third Parties

The Course may offer resources that contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that You have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to Your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Course, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in the Course, you expressly hold Company harmless from any and all liability in any dispute.

GRANT OF RIGHTS

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.

Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.   

COMMENT POLICY

The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:

• harassment directed toward any content creator or Company;

• spam;

• hate speech;

• defamatory to Company or any third party;

• reference illegal acts; or,

• violate the legal rights of a third party.

Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to [email protected] and we will remove the image within 24 to 48 hours.

No Warranties

The Course is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Company makes no representations or warranties in relation to the Course or the information and materials provided therein.

Company makes no warranty the Course will meet Your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Course.  

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, COMPANY WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  COMPANY’S SOLE LIABILITY UNDER THIS TERMS OF USE IS THE PURCHASE PRICE PAID FOR ANY COURSE, IF APPLICABLE.

Indemnity

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

Miscellaneous

The Terms of Use will be governed and construed in accordance with the laws of the State of New York. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Kings County, New York. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without Company's prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to your use of the Website and the Courses. Company reserves the right to amend, alter, or modify the Terms of Use at any time. All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for Company and to Your email address.  

Last updated: January 27, 2020.