Terms of Use

This website is owned and operated by Sarah Rabinovich, a strategic brand and web designer. You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety of your individual use of the website.

These​ ​Terms​​ of Use ("Terms") are​ ​legally​ ​binding.​ ​It​ ​is​ ​your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​carefully​ ​prior​ ​to​ ​purchase, use,​ ​or​ ​access​ ​of​ ​any​ ​of​ ​our​ ​products or services. Your use of the website constitutes your acceptance of, and agreement to, these Terms.

Throughout this site and these in these Terms, the words "I," "we," "me," "us," "my," or "our" refer to Sarah Rabinovich. Accordingly, the words "you" or "your" refer to any user of this website.

Intellectual property notice

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Sarah Rabinovich or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You may NOT use our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, we cannot allow any third party use.

Security and assumption of risk

Confidentiality

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

Assumption of risk

By accessing our offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to you.

Prohibited uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using this site or its content: (a) for any unlawful, obscene, or immoral purpose; (b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (c) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (d) to submit false or misleading information; (e) to upload or transmit viruses or any other type of malicious code; (f) to collect or track the personal information of others; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (h) to interfere with or circumvent the security features of the site or any related website, other websites, or the Internet.

Communication policy

Any communications made through our contact form, blog, blog comments, newsletter sign up, or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as allowed by United States of America law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

It is our sole discretion to determine if communication is in violation of this policy. Any communication in violation will be promptly terminated, blocked, and/or deleted and no further explanation will be due to you if your communication was determined to be in violation with this policy.

Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as system failure(s).

While we may reference certain results, outcomes, or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, services, products, courses, or the materials contained herein.

This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at hello@sarahrabinovich.com.

Third party disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including you.

Warranties disclaimer

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

Indemnification, limitation of liability, and release of claims

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Third parties

The website may contain links to third party websites that are not governed or controlled by us. You represent and warrant that you agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of this website. We assume no control or liability over the content of any third party sites. You expressly hold us harmless from any and all liability related to your use of a third party website.

Indemnification

You agree to indemnify, defend, and hold harmless Sarah Rabinovich and our affiliates, partners, officers, directors, agents, service providers, subcontractors, and employees harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses), made by any third party due to or arising out of: (i) your breach of these Terms or the documents they incorporate by reference; (ii) your negligence or intentional misconduct; or (iii) your violation of any law or the rights of a third-party.

Limitation of Liability

In no case shall Sarah Rabinovich-Pratt and our officers, employees, agents, affiliates, service providers, web hosting services, and contractors be liable for any direct, consequential, incidental, indirect, exemplary, punitive, or special damages of any kind, including but not limited to loss of profits, loss of revenue, or loss of data, 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.

Termination

If at any time we feel you have violated these Terms, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at anytime without notice, and if necessary, block your IP address from further visits to our site(s). 

Law and jurisdiction

These Terms of Use and Privacy Policy are governed by and construed in accordance with the United States of America law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Massachusetts, United States of America.

Consent

By using our website, you hereby consent to our Terms of Use and Privacy Policy.

All rights reserved

All rights not expressly granted in these Terms of Use and Privacy Policy or any express written here, are reserved by Sarah Rabinovich.

Severability

If any part of these Terms of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Protections

The failure of us to exercise or enforce any right or provision hereunder shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Changes to these Terms of Use

These Terms of Use are subject to change at any time. Your continued use of any part of the website constitutes your acceptance of such changes to the Terms. You should review the Terms periodically to determine if any changes have been made.

Last updated: August 13, 2021

Contact information

If you require any more information or have any questions about our Terms of Use or Privacy Policy, please feel free to contact us by email at hello@sarahrabinovich.com.