Terms Of Use

Effective date: May 2021

 

Devon Kuntzman Coaching, LLC d/b/a Transforming Toddlerhood (“TT”, “Company”, “We”) offers a learning portal (“Website”) with parent training programs (the “Programs” or “Products”). Users who pay for access to content (collectively, “Users” or “You” ) are each bound by these Terms of Use. By purchasing this product, you are agreeing that you have read and understood these Terms of Use, and agree to comply with and be bound by the policies and procedures (the “Agreement”). This agreement shall commence and be enforceable with respect to each User upon the date that each User purchases the Program. Please review the following terms carefully.

  1. Program

TT agrees to provide you with access to the online workshop entitled, “Effective Toddler Discipline Part Two” (“Program”) including any videos, documents, audio files or bonus items included as well as any additional Programs you purchase in the checkout process for one year from the date of purchase. 

  1. Fees and Refunds

In consideration of access, Users are charged $37. Users also have the option to pay an additional $12 to have access to the “Parenting Scripts.” You agree to be financially responsible for any purchases made by you or anyone acting on your behalf.

  1. Refund Policy

TT provides a 14-day refund policy from the date of purchase. The refund policy is governed by the following terms: 

We want You to be satisfied with your purchase, but we also know that your success will hinge on whether you put in the work necessary to succeed. If You watch the workshop plus fill out the worksheet and feel as though for any reason You haven’t gained any insights or created any shifts in your parenting. To claim a refund, You must request your money back within 14 days of the purchase. You may request your money back by emailing [email protected] That email must reference the Product, set out the date of Your purchase, and the email and name associated with the purchase. You must also demonstrate that you have listened to the workshop and filled out the worksheet.  

Upon determining that you are entitled to a refund pursuant to this policy, the TT will promptly issue an instruction to its payment processor to issue the refund. TT does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this refund policy, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources. 

  1. Copyright, Trademark and Ownership of Intellectual Property

“Transforming Toddlerhood,” the TT logo, and other marks, page headers, scripts, logos, slogans, and button icons are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of TT and may not be used, copied, or imitated without the prior written consent of TT. Other trademarks, trade names, company names, Program names and marks, and otherwise protected property displayed in this Product are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property. 

All content (including, without limitation, any computer code, text, images, videos, graphics audio and streaming files, navigation schemes and layout) comprising the Program (collectively, “Content”) is owned by or licensed to TT. The copyright in and to this Program is owned by TT and protected by intellectual property and proprietary rights.  TT retains and reserves all rights in and to this Program and all Content. 

With a purchase of the Program, You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. Users may not sublicense or redistribute the Content in any manner and User login and password info may not be shared. You hereby agree one person has the right and license to view (stream) on User’s own equipment the videos, as well as download transcripts, documents, and audio files in this Program for your personal, noncommercial use only. Such permission terminates automatically if you breach this Agreement and is otherwise revocable at TT’s discretion. The reproduction, distribution, transmission, display, or use of this Product and any Content is prohibited without the prior written consent of TT. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program. 

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection. TT content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. 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 TT or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

  1. Confidentiality

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information. 

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participants to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants. 

  1. Personal Responsibility

By participating in the Program, you accept personal responsibility for the results of your actions. You agree that TT has not made any guarantees about the results of taking any action, whether recommended in the Program or not. TT provides educational and informational resources that are intended to help participants in the program 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 TT.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of TT or otherwise - applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.

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 in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.

  1. Materials Provided By You During The Program

TT does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”). 

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting TT, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

In other words, TT has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward. 

No compensation will be paid with respect to the use of your Submission, as provided herein. TT is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

  1. User Guidelines

By purchasing the product, you represent that will comply with the guidelines set forth below.

You represent, warrant, and agree that you:

  • are over the age of 13;
  • will use the Program only for lawful, intended purposes and will not violate any applicable local, state, federal, and international law, rule, or regulation applicable to the Program; nor violate the intellectual property rights of another;
  • will not disrupt this Program, interfere with any other User’s use of this Program, or interfere with or compromise the security of this Website;
  • will not engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website; 
  • will not attempt to gain access to secured portions of the Website to which you do not possess access rights or obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website; and
  • will not circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that TT uses to protect the Program and the Content.
  1. Indemnification

User will indemnify, defend, and hold harmless TT and TT affiliates, against any claims, lawsuits, allegations, and investigations, and any related damages, losses, expenses, and penalties (including attorney fees) arising out of or in connection with (i) all use of and access to the Website and Programs; (ii) any breach or alleged breach by User of this Agreement or of the representations and warranties herein or (iii) any violation of law or regulation, or any third party right, including without limitation any copyright, property, or privacy right. 

  1. Disclaimers/Liability Limits

THIS PROGRAM IS PROVIDED “AS IS,” AND “AS AVAILABLE.” TT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, NEITHER ON BEHALF OF ITSELF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, CONCERNING THE OPERATION OR USE OF THE PROGRAM, THE CONTENT, DOCUMENTS, VIDEOS, PRODUCTS AND/OR WEBSITES AVAILABLE ON OR THROUGH THIS WEBSITE. TT DOES NOT WARRANT THAT THIS PROGRAM WILL BE AVAILABLE AT ALL TIMES OR THAT A USER’S USE WILL BE CONTINUOUS AND/OR ERROR-FREE. 

The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The quality of the streaming of the Program may vary from device to device and can be impacted by a variety of factors, such as the User’s location and the speed and/or bandwidth of the User’s internet connection.  TT has no way of addressing User computer hardware, software or internet connection issues.

TT AND AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY PRESENTERS OR THIRD PARTIES. RELIANCE ON PRESENTER INFORMATION IS DONE AT USER’S SOLE RISK AND LIABILITY  TT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR DAMAGES SUFFERED AS A RESULT OF (I) UNAVAILABILITY, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) QUALITY OF CONTENT OFFERED BY PRESENTERS, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE.

IN NO EVENT SHALL TT, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE ABOVE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE PERMITTED, TT’S SOLE LIABILITY TO YOU UNDER THESE TERMS FOR DIRECT DAMAGES SHALL BE LIMITED TO $100.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND EXCLUSION OF CERTAIN DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Use of Information

To know what privacy measures TT has taken and what information we retain from your visit to this Website, please read our Website Privacy Policy, which is incorporated herein by reference.

  1. Change of Terms

By using this Program, you agree to these Terms of Use as well as any posted changes of these Terms of Use. We reserve the right to change these Terms of Use at any time. We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it. Users can determine when this Agreement was last modified by checking the “Last updated” notice on the top of the Agreement. Your continued use of the Website constitutes your agreement to any changes made. If you do not agree to TT’s Terms of Use, DO NOT use the Website.

  1. Links to Other Websites

The Program may contain links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such sites and such sites are not investigated, monitored, or checked for accuracy or completeness by TT. Inclusion of any linked site does not imply approval or endorsement of the linked site by TT. If you decide to leave the Website or access these third-party sites, you do so at your own risk, and should review that site’s own policies.

  1. Term and Termination

We may terminate your access to all or any part of the Program at any time, with or without cause or notice, effective immediately. In the event of termination based on what is, in TT’s reasonable discretion, User breach, your access to Videos may be terminated.

  1. Questions or Concerns

If you have a question or complaint regarding the Program, please send an e-mail to [email protected]

  1. General Provisions
  1. This Agreement (and the other TT agreements referenced above) constitutes the entire and only agreement between you and TT and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the subject matter hereof.
  2. The Parties’ rights and obligations under sections intended by their nature to survive including, without limitation, payment, intellectual property, limits on warranties and liability, indemnity, termination and choice of law provisions shall survive the termination or expiration of this Agreement.
  3. This Agreement shall be interpreted and enforced in accordance with applicable federal law and the laws of the State of Ohio, without regard to any principles of conflict of laws, and venue and jurisdiction shall be in the courts of Cuyahoga County, Ohio. The prevailing party in any proceeding shall have the right to collect from the other party its reasonable costs, disbursements, and all attorneys’ fees incurred in enforcing this Agreement.
  4. If any provision of this Agreement is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions. The failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
  5. You agree that all notices, disclosures, and other communications that TT provides to you electronically (including by e-mail) satisfy any legal requirement that such communications be in writing.
  6. This Agreement and the rights granted and obligations undertaken hereunder may not be assigned, transferred, or delegated in any manner by User, but may be freely assigned, transferred, or delegated by TT.