TERMS & CONDITIONS

TERMS OF USE

By using our this Website, you agree to these Terms of Service, outlined below, and Privacy Policy, which is incorporated by reference.

Do not utilize this Website if you do not agree with the terms and conditions contained in these Agreements.

 

TERMS OF USE AGREEMENT

This Terms of Use Agreement (“Agreement”), effective as of January 14, 2019, sets forth Take Charge Negotiations, LLC (“Company”) policies regarding the provision of products and services via www.takechargenegotiate.com and www.takechargenegotiations.com (“Website”) for visitors of this Website (“Users”).

1. ​TAKE CHARGE NEGOTIATIONS, LLC PRODUCTS AND SERVICES DO NOT CONSTITUTE THE PROVISION OF LEGAL ADVICE

 

​The information contained on this Website, any resources made available for download through this Website, and/or any individual consultations conducted in person, via webinar or any other medium are not intended as, and shall not be understood or construed as, legal advice. The information contained on this Website and the resources available for download through this website are for educational and informational purposes only. ​

​While the employees and/or owners of the Company are professionals and/or lawyers, and the information provided on this Website relates to issues within the Company’s area of professionalism, none of these products or services constitute legal advice.   

​The Company expressly recommends that you seek advice from an attorney should you require legal representation in any matter or dispute.

2. ​UTILIZATION OF THIS SITE DOES NOT CREATE A PROFESSIONAL-CLIENT, NOR AN ATTORNEY-CLIENT, RELATIONSHIP

​Users’ utilization of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create an attorney-client, nor a professional-client relationship, between you and the Company or any of its professionals.

​The Company only accepts clients through an application process, which considers whether there is a fit between applicant and the Company and fees have been processed.  

​Moreover, no joint venture, partnership, employment, contractor, or agency relationship exists between Users and the Company by virtue of your use of the Website and/or any products or services. 

 

​3. USER DUE DILIGENCE AND RESPONSIBILITIES

By using this 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 this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.

All of the information provided on the Website, and that which is provided through any other products or services (including information delivered via email, blog, podcasts, live and prerecorded events, on social media, through webinars and other content, whether available for free or at cost) are resources for educational and informational purposes only.  None of the information shared by the Company constitutes legal advice. The Company does not guarantee any of this material to be accurate, complete, reliable, current or error-free. 

 

The information contained on the Website and that which is provided through any other products or services (including information delivered via email, blog, podcasts, live and prerecorded events, on social media, through webinars and other content, whether available for free or at cost) are not a substitute for personalized advice from an attorney who is authorized to practice law in your jurisdiction.

All legal questions should be referred to an attorney authorized to practice law in your jurisdiction.

 

4. INTELLECTUAL PROPERTY

​The Website contains intellectual property owned by the Company (“Company’s Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof.  You may not modify, 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 Company’s Intellectual Property in whole or in part without our prior written consent.

Prohibited actions include, but are not limited to:

  • ​Inclusion of  Company’s Intellectual Property in or with any product or service that you create or distribute;

  • Reproduction, duplication, copying, selling, renting, reselling or otherwise exploiting for any commercial purposes any portion of the Company’s Intellectual Property, use of the Company’s Intellectual Property, or access to the Company’s Intellectual Property;

  • Establishment of: (i) a hyperlink, including a deep link, to any page or location on the Website; or (ii) a frame containing any portion of the Company’s Intellectual Property on any other website or text document with hyperlink capabilities without the express written permission of the Company;

 

The Company reserves the right to immediately remove your access to the Website, any products or services, without refund, if you are found to be violating this Intellectual Property provision.

5. UNLAWFUL USE

 As a condition of your use of this Website, you warrant that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this Website in any manner which could damage, disable, overburden, or impair Take Charge Negotiations, LLC or interfere with any other party's use and enjoyment of the Website.

6. REFUSAL OF SERVICE

The Company reserves the right to refuse access to the Website and/or any products or services to any person or entity, without the obligation to assign a reason for doing so. 

7. LINKED SITES

This Website may contain links to other sites ("Linked Sites"). The Linked Sites are not under the control of Take Charge Negotiations, LLC and Take Charge Negotiations, LLC 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.

8. REFUND POLICY

Given the nature of the Company's products and services, refunds are not offered. As such, you agree not to raise a dispute with your financial institution and/or credit card provider for purchases you have made with the Company and for which the Company granted you access.

 

9. EQUAL OPPORTUNITY STATEMENT

​While the focus of the Company's products and services is on improving women's negotiation acumen, the Company does not limit access to any of its products, services, or the Website on the basis of gender, race, religion, nationality, ability, or any other immutable characteristic.

​10. INDEMNIFICATION

You agree to indemnify, defend, and hold the Company, its affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of the Website and/or any products or services in violation of these Terms of Service and/or your violation of any rights of another or any applicable law, rule or regulation. Your indemnification obligation will survive the termination of this Policy and your use of the Platforms and Products.

11. ERRORS AND OMISSIONS​

The Company has undertaken reasonable steps to ensure that the information contained in this Website is accurate.  The Company does not represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action.

12. NO GUARANTEES​

You agree that the Company has not made any guarantees about the results of taking any action. The Company provides educational and informational resources that are intended to help Users develop negotiation skills. Success or failure will be the result of your own efforts.

Furthermore, results that may be achieved by others people – and described in this Website – shall not serve as a guarantee that you or any other person or entity will be able to obtain similar results.​

 

13. NO WARRANTIES

​THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS 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 THIS 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.

14. LIMITATION OF LIABILITY

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY 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 WEBSITE 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. 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 APPLICABLE 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 AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE 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 WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

15. GOVERNING LAW

This Agreement shall be governed by the laws of the State of New York.

16. DISPUTE RESOLUTION

Should a dispute arise under this Agreement, the dispute shall be resolved through arbitration, and pursuant to the American Arbitration Association Commercial Arbitration Rules. 

17. SEVERABILITY

 

If any term, provision, covenant, or condition of this Agreement is held 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.

18. ENTIRE AGREEMENT

This Agreement (including this Terms of Service Agreement along with the referenced Privacy Policy, and any other written agreement that governs use of the Website) constitutes the entire agreement between you and the Company with respect to the Website. 

19. RESERVATION OF RIGHTS

The Company reserves the right to revise this Agreement or any part of it from time to time.  

PRIVACY POLICY

Please review the following Privacy Policy before you utilize Take Charge Negotiation’s website, www.takechargenegotiations.com and  www.takechargenegotiate.com.

 

By using Take Charge Negotiation’s website, or by clicking to accept or agree to the terms referenced herein, you accept and agree to be bound and abide by the Privacy Policy.

 

If you do not agree, you must refrain from access or use of Take Charge Negotiation’s website.

 

Please send any questions or concerns relating to the Privacy Policy to info@takechargenegotiate.com.

 

 

PRIVACY POLICY

 

This Privacy Policy ("Policy"), effective as of January 14, 2019, sets forth Take Charge Negotiations, LLC (“Company”) policies regarding the collection and use of information via www.takechargenegotiate.com and www.takechargenegotiations.com (“Website”). 

DATA COLLECTION AND ANALYSIS

 

This Website provides various options for a Website visitor (“User”) to share information. The Company collects information that Users provide when they fill out forms on the Website, pose queries on the Website search feature, provide feedback, and/or provide information when ordering a product or service via the Website.  The Company uses the information Users supply via the Website in order to deliver the requested product and/or service, to improve the Company’s overall performance, and/or to provide Users with additional information about The Company products and services.

 

As Users navigate through the Website, The Company may utilize automatic data collection technologies, including Google Analytics, to collect certain information about Users’ equipment, browsing actions, and patterns. This will generally include information about Users’ approximate location, traffic pattern through the Website, and any communications between Users’ computers and the Website. Among other things, the Company will collect data about the type of computer used, Internet connection, IP address, operating system, and browser type.

 

The information the Company collects automatically will not include personal information. 

 

The Company uses software and/or other programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of the Website, what information is of most and least interest, and identifying system performance issues.

COOKIES

Cookies are utilized by the Company in order to understand Website traffic, including the number of visits, pages most visited, and bounce rate. 

Users may opt to disable cookies in the web browser. 

DATA PROTECTION

The Company employs commercially reasonable methods to ensure the security of the information that Users provide to the Company and the information that the Company collects automatically, including the use of standard security protocols.  The Company utilizes software and other security programs to monitor network traffic on the Website and identify unauthorized attempts to upload or change information, or otherwise cause damage. The Company utilizes these measures for Website security purposes.

The Company recommends that Users’ private information should never be submitted to us via   email. Doing so is at Users’ own risk.

GENERAL DATA PROTECTION REGULATION NOTICE

For individuals who access or otherwise utilize the Website within the European Union, there are certain rights and entitlements provided under the General Data Protection Regulation (GDPR), including but not limited to the following:

  1. The Company will retain the any information that Users choose to provide to the Company until the earlier of: (a) Users’ request that the Company delete the information, (b) the Company’s decision to cease using existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.

  2. Users have the right to request access to their data that the Company stores and the rights to either rectify or erase that data.

  3. Users have the right to seek restrictions on the processing of their data.

  4. Users have the right to object to the processing of their data and the right to the portability of their data.

  5. To the extent that Users provided consent to the Company’s processing of their data, Users have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to withdrawal of consent.

  6. Users have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the GDPR.

 

EMAIL

The Company will not sell, rent, or lease email addresses to third parties, and will not disclose User email addresses to any third parties except as articulated in the following section, Necessary Disclosures.

Users within the European Union who opt to receive any free resources, participate in any free training programs, register for a training event, or purchase any products or services sold by the Company on this Website will only be enrolled ​in a free and periodic email newsletter if they affirmatively consent to receipt of said newsletter. Users may also unsubscribe from the newsletter at any time via an “unsubscribe” link at the bottom of every email.

Users who are located outside the European Union, and who opt to receive any free resources, participate in any free training programs, register for a training event, or purchase any products or services sold by the Company on this Website will also be enrolled in a free and periodic email newsletter. If Users do not wish to receive this newsletter, they may unsubscribe. An “unsubscribe” link is included at the bottom of every email message.

The Company will maintain the information Users send via e-mail in accordance with applicable United States federal law.  All e-mails sent from The Company will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to be removed from the Company’s mailing list.

NECESSARY DISCLOSURES

The Company may disclose information that Users provide to a third party, including but not limited to law firms or collection agencies, when necessary to enforce the Company terms of service or any other agreement between Users and the Company.

The Company may otherwise disclose information when legally compelled to do so by a court or other governmental entity, for example.

RESERVATION OF RIGHTS

The Company reserves the right to revise this Policy or any part of it from time to time.  Please review the Policy periodically for changes.

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©2018-2020 by Take Charge Negotiations, LLC. All rights reserved.  Take Charge Negotiations® is a registered trademark of Take Charge Negotiations, LLC and is registered with the U.S. Patent and Trademark Office.