Terms of Use

TERMS OF USE

Terms of Use

This is an agreement between you and Susan B. Zimmerman Enterprise, LLC (the “Company,” “SBZ,” “we” or “us”). We invite you to access our websites and online content, but please note that this invitation is subject to your agreement to the following terms and conditions, together with any documents expressly incorporated by reference (the “Terms of Use” or “Terms”). 

These Terms of Use govern your access to and use of suebzimmerman.com, sbzteam.com, learnwithsbz.com and takeactionwithsbz.com, including any content, functionality and services offered on or through suebzimmerman.com, sbzteam.com, learnwithsbz.com, takeactionwithsbz.com or any other websites owned or operated by SBZ (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (incorporated herein by reference). If you disagree with these Terms of Use, you must not access or use the Website.

Users of the Website must be 18 years of age or older. By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes To the Terms Of Use

We may revise these Terms of Use from time to time in our sole discretion. Such changes are effective immediately upon our posting them. By continuing to use the Website following the posting of the revised Terms of Use, you accept and agree to the changes. As you will be bound by them, it is important that you review these Terms of Use regularly to ensure you are updated on any changes. 

Privacy

Your use of the Website is subject to SBZ’s Privacy Policy. Please review it, as it also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

Disclaimer

Your use of the Website is subject to SBZ’s Disclaimer. Please review the Disclaimer, as it also governs the Website and informs users about the limitations on the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

Accessing The Website And Account Security

We reserve the right to withdraw or amend the Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or part of the Website is unavailable at any time or for any period. We may restrict access to some parts of the Website, or the entire Website, to users, including registered users, from time to time.

To access the Website or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from it that all the information you provide on the Website is correct, current, and complete. You agree that all registration information you provide to the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take that are consistent with our Privacy Policy with respect to your information.

If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to log out of your account at the end of each session. Use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, the user has violated any provision of these Terms of Use.

No Unlawful Or Prohibited Use And Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the downloadable resources available from the Website strictly in accordance with these Terms of Use.

Your use of the Website is conditioned upon your warrant to the Company that you will not use the Website or any of the downloadable resources for any purpose that is unlawful or prohibited by these Terms. All content included as part of the Website, including text, graphics, logos, images, and the compilation thereof, as well as any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws protecting intellectual property and proprietary rights. You agree to observe and abide by all copyright and other protective and proprietary notices, legends or other restrictions contained in any such content, and will not make any changes thereto.

Prohibited uses of the Website and the content offered on and made downloadable through it include:

  • No use in any manner that could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website.
  • No modifying, publishing, leasing, selling, copying, sublicensing, transferring, assigning, or creating derivative works from, or in any way exploiting, any information, intellectual property, goods or services provided on or through the Website.
  • No altering, modifying, adapting, reverse-engineering, decompiling, disassembling, or hacking of the Company’s intellectual property.
  • No deleting or altering any proprietary rights or attribution notices in any content. 
  • No altering or modifying another website to falsely imply that it is associated with the  Website.
  • You must not use the Website for any illegal purpose.
  • You must not violate anyone else’s legal rights (e.g., privacy rights) or any laws (e.g., copyright laws) in your jurisdiction.
  • No using or exporting the Company’s information, products, or services in violation of intellectual property or U.S. export laws and regulations.
  • You must not use the Website or the Company’s services or systems to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent or otherwise inappropriate, including any messages constituting or encouraging criminal conduct.
  • Unauthorized access to the Company’s data or other users’ data is prohibited.
  • You must not breach, or attempt to breach, the Website’s security systems. 
  • No obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided through the Website.
  • You must not use the content available on or through the Website in any manner or location where such use or access is prohibited by any laws, restrictions or regulations.
  • No enabling third parties to violate these Terms of Use.

Company content is not for resale. You are not entitled to make any unauthorized use of any protected content; in particular, you will not delete or alter any proprietary rights or attribution notices. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. 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 the Company or our licensors except as expressly authorized by these Terms.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

Use of Templates and Forms

We provide templates and/or forms for download and/or sale via the Website. We grant you a limited, personal, non-exclusive non-transferable license to use these templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that:

  • You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
  • Any templates and/or forms you order, purchase or download may only be used by you for your personal or business use, and may not be sold or redistributed without the prior express written consent of the Company.

Use of Paid Courses, Programs and Associated Material

From time to time, the Company may provide various courses, programs and associated material for sale on the Website. We grant you a limited, personal, non-exclusive, non-transferable license to use these courses, programs, and associated material (collectively, the “Courses”) for your own personal or internal business use. Except as otherwise provided, by ordering or participating in Courses, you acknowledge and agree that:

  • You have no right to modify, edit, copy, reproduce, create derivative works of, reverse-engineer, alter, enhance or in any way exploit any of the Courses in any manner.
  • The Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the prior express written consent of the Company.
  • You will not create any derivative work(s) based upon the Courses or offer any competing products or services based upon any information contained in the Courses.

Use of Freemium Content

The Company provides various resources on and downloadable though the Website that are accessible to users who provide an e-mail address (“Freemium Content”). We grant you a limited, personal, non-exclusive, non-transferable license to use the Freemium Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that:

  • You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Freemium Content.
  • You will not offer any competing products or services based upon any information contained in the Freemium Content.
  • You will only use the downloaded Freemium Content for your personal or internal business use. 
  • You will not sell or redistribute any Freemium Content without the prior express written consent of the Company.

For Educational and Informational Purposes Only

As set forth more fully in the Disclaimer, the information on and downloadable through the Website are for educational and informational purposes only. It is not intended, and shall not be understood or construed to be, legal, financial, tax, medical, health or other professional advice.

Accuracy and Personal Responsibility

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on and through the Website is accurate and valuable, but we cannot guarantee its accuracy or value to you. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on the Website, or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using the 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 or through the Website. You agree to use good judgment and conduct due diligence before taking or implementing any actions suggested by or recommended on the Website.

No Guarantees as to Results

As set forth more fully in the Disclaimer, you agree that the Company makes no guarantees about the results of taking any action, whether or not recommended on the Website. The Company provides educational and informational resources intended to help users of the Website 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 Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others—whether clients of the Company or otherwise—of applying the principles set out in the Website do not guarantee that you or any other person or entity will be able to obtain similar results.

Email and Other Electronic Communications

Visiting the Website or emailing SBZ constitutes an electronic communication. You consent to receive electronic communications from the Company, and that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and/or on the Website, satisfy any legal requirement that such communications be in writing.

We will happily communicate with you via email, and the Website allows you to send an electronic communication to the Company. However, any such email or electronic communication does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee never to disclose such communications in contexts such as a court order.

Use of Communication Services

The Website may contain bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other messaging or communication features enabling you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation: you agree that when using a Communication Service, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.

The Company is not obliged to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials, in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

The Company reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request; or to edit, refuse to post or to remove any information or materials, in whole or in part, at the Company’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service; therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Links to Third-Party Websites and Services

The Website may contain links to other Websites (“Linked Websites”). Linked Websites are not under the control of the Company. The Company is not responsible for the contents of any Linked Website. The Company provides these links only as a convenience to you. The inclusion of any Linked Website does not imply endorsement by the Company of the Linked Website or any association with its operator.

Certain services made available via the Company Website are delivered by third-party websites and organizations. By using any product, service or functionality originating from the Company Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.

Money-Back Guarantee

The Company provides a money-back guarantee for certain products and services. The refund and cancellation policies are governed by the terms of the specific product or service purchased. 

We reserve the right in our sole discretion to refuse or terminate your access to our Website, Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by e-mailing the e-mail address you provided upon purchase of the Program, Product or Service, or creating an account on the Website.

In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

REFUND AND CANCELLATION POLICY

For Ready Set Grow, our refund and cancellation policy is as follows: Refunds for Ready Set Grow are offered up to 30 days from the purchase date provided that you

1) request a refund via email to customercare@suebzimmerman.com prior to the end of the 30th day after your purchase

2) Watch the first 4 video lessons.

3) Thoroughly complete your first 4 action sheets and provide them to customercare@suebzimmerman.com. 

By using and/or purchasing Ready Set Grow, you understand and agree that no refunds will be provided for Ready Set Grow after 30 days from the purchase date.

For ‘Save Time, Use Mine’ Membership Add-On (“Save Time Add-On”), our refund and cancellation policy is as follows: The Save Time Add-On is a month-to-month purchase with payment processed on a monthly basis following the date of enrollment. Membership in the “Save Time Add-On” will remain active until the end of the current billing cycle and no full or partial refunds will be provided. Should you wish to cancel your Monthly Subscription, we require notification 30 days of advanced notice in writing and delivered by email to customercare@suebzimmerman.com.

For Ready Set Grow PRO Program (“PRO”), our refund and cancellation policy is as follows: The 90-day membership of PRO begins the day of the Group Onboarding Call. Participation in PRO and in Group Onboarding Call must be scheduled and redeemed within 1 month of the purchase date. If for any reason your scheduled Onboarding Call needs to be rescheduled, please contact Customer Care directly at customercare@suebzimmerman.com within 72 hours of your call time.

If you are gifted a 30-minute bonus call at the time of your purchase of PRO, the 30-minute bonus call must be redeemed at some point within your first 90-day commitment of the program, or the call is forfeited.

Should you choose to cancel or withdraw from PRO at any time within 30 days of the start of the program, you agree to a non-refundable payment of one-third of the total PRO program fee (e.g., $2,270 – $2,667). 1) If you have paid in full (e.g., $6,600-$8,001), you will be refunded the remainder of the payment already made minus one-third of the total paid-in-full program fee (e.g., $4,330-$5,334)  2) If you are paying in installments, your first payment will be kept and no further payments will be charged to your credit card. No refunds will be provided for any reason for services already rendered to you for the full or partial months you have participated in PRO. Clients who cancel their membership and seek a refund within 30 days of the start of the program or do not complete payments will NOT be granted lifetime access to PRO membership course modules, PRO membership site material, resources, or Updates Forum. 

Should the client request to cancel their membership after the Onboarding Call but prior to accessing the PRO communication area (Slack) and/or PRO membership course modules, there will be a $750 dollar cancellation fee applied. No refunds will be provided for requests after 30 days of the start of the PRO program.

All notice of cancellation must be in writing and delivered by email to customercare@suebzimmerman.com. If either Sue B. or Client believes that PRO are no longer serving the needs of the Client, the parties agree to discuss any issues by phone to potentially resolve them prior to the cancellation fee being applied and the partial refund being provided in our sole discretion. Initial contact should be through email to customercare@suebzimmerman.com and a phone discussion will then occur between the Sue B and Client to resolve any issues and determine resolution. Refunds may take up to 30 days to process after the phone discussion. By purchasing PRO, you understand and agree to these terms.

Ready Set Grow PRO – Monthly Subscription (“Monthly Subscription”) Refund Policy: The Monthly Subscription begins the day after participation in the Ready Set Grow PRO Program 90-day membership ends or the date of enrollment in the Monthly Subscription. A Monthly Subscription is a month-to-month purchase with payment processed on a monthly basis following the date of enrollment. Membership in the Monthly Subscription will remain active through the end of each billing cycle and no full or partial refunds will be provided.

Should you wish to cancel your Monthly Subscription, you must provide 30 days advance notice in writing delivered by email to customercare@suebzimmerman.com. If either the Company or Client believes that PRO is no longer serving the needs of the Client, the parties agree to discuss the issues by phone to potentially resolve them prior to the cancellation fee being applied and a partial refund being provided in our sole discretion.

Initial contact should be through email to customercare@suebzimmerman.com.A phone discussion will then occur between the Company and the Client to attempt to resolve the issues and determine a resolution. Refunds may take up to 30 days to process after the phone discussion.

Ready Set Grow PRO – One Year Subscription (“Yearly Subscription”) Refund Policy: The Yearly Subscription begins the day after participation in the Ready Set Grow PRO Program 90-day membership ends or the date of enrollment in the Yearly Subscription. By signing up for the Yearly Subscription, you commit to 12 months of membership in the Ready Set Grow PRO Program. The Subscription may be purchased in one of three ways: (1) with payment processed on a monthly basis following the date of enrollment, at a discount of 50% per month off of the advertised rate (e.g., $5,982 for all 12 months); (2) in two quarterly payments, with one month of complimentary (free) membership in PRO (e.g., $5,484 in total); or (3) payment in full up front, with one month of complimentary (free) membership in PRO (e.g., $5,483.50 in total). Regardless of payment schedule, your membership in the Yearly Subscription will remain active until the end of your 12-month commitment, and no full or partial refunds will be provided. Should you wish to cancel your Yearly Subscription, you must provide 30 days advance notice in writing delivered by email to customercare@suebzimmerman.com. If either the Company or Client believes that PRO is no longer serving the needs of the Client, the parties agree to discuss the issues by phone to potentially resolve them. Initial contact should be through email to customercare@suebzimmerman.com. A phone discussion will then occur between the Company and Client to attempt to resolve the issues and determine a resolution. Refunds may take up to 30 days to process after the phone discussion.

If either the Company or Client believes that PRO is no longer serving the needs of the Client, the parties agree to discuss the issues by phone to potentially resolve them. Initial contact should be through email to customercare@suebzimmerman.com. A phone discussion will then occur between the Company and Client to attempt to resolve the issues and determine a resolution. Refunds may take up to 30 days to process after the phone discussion.

30 Minute Strategy Audit Consult (“Strategy Audit”) Refund Policy: We have no refund policy for 30 Minute Strategy Audit  Consults. Strategy Audit Consults must be scheduled and redeemed within 6 months of the purchase date. If for any reason your scheduled session needs to be rescheduled, please contact the Company directly at sue@suebzimmerman.com within 48 hours of your appointment time. If you cancel less than 48 hours prior to your appointment time or do not appear at the scheduled time, we will provide a one-time offer to reschedule your appointment before you forfeit your purchase. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for Strategy Audit Consults and no refunds will be provided to you at any time. By purchasing a Strategy Audit, you understand and agree that all sales are final and no refunds will be provided. 

Posting Handbook, Class Tickets, and Training Bundles Refund Policy: Due to the extensive time, effort, preparation and care that goes into creating the Posting Handbook and classes and training bundles not associated with Ready Set Grow or Ready Set Grow PRO, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for The Posting Handbook and no refunds will be provided to you at any time. By using and/or purchasing The Posting Handbook, or a class ticket or training bundle not associated with Ready Set Grow or Ready Set Grow PRO, you understand and agree that all sales are final and no refunds will be provided. 

For Grow with Reels™ (GWR) – our refund and cancellation policy is as follows: Refunds for Grow With Reels are offered up to 14 days from the purchase date provided that you 1) request a refund via email to customercare@suebzimmerman.com prior to the end of the 14th day after your purchase. 

All Event Tickets (Including Online Planning Retreat and RSG Bootcamp) Refund Policy: Due to the extensive time, effort, and preparation that goes into planning these events, as well as the limited capacity, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for Event Tickets and no refunds will be provided to you at any time. By using and/or purchasing Event Tickets, you understand and agree that all sales are final and no refunds will be provided. 

You have the right to terminate your use of or participation in our Programs at any time by sending an e-mail to customercare@suebzimmerman.com, but the respective Refund Policy as stated above will still apply to your Program. In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us. 

We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product or Service.

In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Program, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion. 

All of the terms of this Agreement, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us. 

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.

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.

Arbitration

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Boston, Massachusetts. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

International Users

The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

No Joint Venture Or Other Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

The Company welcomes your questions or comments regarding the Terms:

Susan B. Zimmerman Enterprise, LLC
53 Central Park Court
Falmouth, MA  02540

Email Address: customercare@suebzimmerman.com

Effective as of April 20, 2023