terms & Conditions

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING THIS MATERIAL!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Company (defined below), which governs your use of Products (defined below) obtained by purchase through this Site at Lynnesomerman.com, or any related domains or subdomains (the “Sites”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Somerman LLC (“Company”).

“Products” referred to by these Terms include but are not limited to: 1:1 consultations, audio workshops, video workshops, video files, audio files, worksheets, templates, forms, communications and any other related items for paid purchase or for which you supply personal information, including free downloaded material or other information available through the Sites, obtained from Company. All such Products are the intellectual property of and are owned by Company.

By using the Sites and purchasing or interacting with any Product (whether free or paid), you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Company’s Sites and Products and contact the Company immediately. Failure to agree to these Terms will not result in a refund (partial, prorated or otherwise).

Understand that by using these Sites, any Products or services, or applications for which you purchase or otherwise interact with, you agree that you are at least 18 years of age and are otherwise legally able to enter into a valid contract. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

what we do

Company offers resources through which you may obtain greater skills in your financial life. Specifically, the Sites, services, and Products help you learn specific financial skills such as financial systems, habits, and mindset. Communications between you and Company are protected by our privacy policy (see below), but are not protected by any other privilege. None of the principals, employees or contractors of the Company, including Lynne Somerman, are a financial planner, tax advisor, CPA, or EA. Use of Products and/or Company services does not constitute legal, tax, or investment advice in any way whatsoever.

no warranty for results

Company provides information we hope will be helpful to those of you who have chosen to learn the outlined educational topic. While Company makes an effort to keep such materials and other information we provide current and updated, because industry health, market conditions and other external forces are constantly changing and varies, Company can in no way guarantee the effectiveness of its services, Products or any materials. Although specific information may be adequate in general circumstances, Company cannot guarantee that it will be effective in every application or circumstance.

Please keep in mind that nothing contained in the site or available through the Products, Materials and services of Company is intended to guarantee specific results. Your interaction with Company in any capacity does not form such a relationship. Company’s performance of services related to those offered through the Sites, information provided on the Sites, and Products sold through the Sites likewise does not create an express or implied warranty in any particular circumstance.

privacy policy

Company permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available, which is incorporated herein by reference.

affiliate links

Links on the Sites may be affiliate links controlled by parties other than Company to help support the maintenance of the Sites. Company does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Company from any loss or damage incurred from dealing with such affiliate.

stock photography

Stock photography may be used on the Sites – all images are being used under license through the company providing the stock images.

intellectual property license

Company retains ownership of the intellectual property in (a) all text, logo, images, headers, trademarks, service marks, graphic, design, selection and arrangements thereof appearing on the Sites; (b) within or on any Products; (c) any content made available to you pursuant to your use of Company’s services; and (d) any other intellectual property rights afforded to Company either through state or federal registration, or as otherwise available at common law (“Intellectual Property”). Except as stated below, Company does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites or services, including but not limited to workshops or classes, worksheets, or through one-on-one consulting sessions.

You agree not to make unauthorized use of or otherwise infringe upon Company’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Company will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with these Terms, Company grants you a non-exclusive, non-transferable license to download, view, copy and print the Products you purchase solely for your personal use, which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, any state trademark authority, and as provided by common law;

(3) do not use the Products or otherwise offer them on any website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products accordingly in no way expands the limited license provided herein, nor does it include ownership of any intellectual property rights, or a general right of modification beyond that allowed by Permitted Use.

You are reminded that Company will prosecute any unauthorized reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution, which is expressly outside of Permitted Use defined herein, to the fullest extent of the law.

Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Company is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Company will not reimburse you for such downloads.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

payments

In the event that your form of payment is declined or otherwise fails, Company will contact you via a courtesy email to inform you of such problem. Failure to receive a courtesy email does not remove your responsibility for a timely payment. Company will revoke your access to Products until such time as payment for amounts due is received. In the event of a default in the payment of the said installments, Company, without notice or demand, may declare the entire balance then unpaid immediately due and payable.

If a payment failure is not resolved within the time period determined by Company, Company reserves the right to decline your access to Products and may pursue whatever remedies may be appropriate, including submitting such amounts past due and balances remaining on the purchase payment plan to a collections agency of its choice.

limited license

To access Company’s resources, you must purchase access from Somerman LLC. The license is non-transferable and is intended for use solely by your individual person or employees under your business entity. Under this agreement, access does not provide a license for sharing, duplication or any other method of sharing the material contained in the Company. Violating this limited license will be prosecuted to the full extent of the law.

return/refund policy

All purchases of Products or other services made on this Site are final – no refunds will be provided, in whole or part, for any purchases made on this Site. Purchases made on this Site may be subject to additional terms and conditions which, if applicable, will be delivered to you by the Company by email.

no warranties

PRODUCTS AND SERVICES ARE PROVIDED “AS IS”. THE COMPANY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

USE OF OUR SERVICES AND PRODUCTS, AND YOUR OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. COMPANY MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE SITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO THE COMPANY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

USER CONTENT

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.

All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Terminate or suspend your access to all or part of the Site for any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote, or assist any unlawful act.

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. It is the policy of the Company to terminate the user accounts of repeat infringers.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the State of Maine. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the State of Maine. Company reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Company’s Products, Materials and services.

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.

Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the Site.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

Attack the Site via a denial-of-service attack or a distributed denial-of-service, or otherwise attempt to interfere with the proper working of the Site

MISCELLANY

We may, at any time, amend, alter or change these terms and conditions. Amendments and addition of terms are effective immediately upon change. Your use of the Sites or Company or Company’s resources after this change demonstrates an acceptance of those revised terms.

No waiver of these Terms shall be deemed, or shall constitute a waiver of any term, provision or effectiveness of the Terms herein. These Terms, and related documents, comprise the sole and entire agreement between you and the Company.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

contact

By using the Sites and entering personal information, you give Company permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by email, please let Company know by contacting us at hello@lynnesomerman.com.