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Terms Of Use

This Terms of Use Agreement (the “ToU”) is made between Noble Task Management, LLC dba Sarah Lynn Solutions (“SLS,” “we,” “us,” or “our”) and you, the individual choosing to use our Online Services as defined below (“you,” or the “user”).

 

Our Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect how your personal information is stored, accessed, and processed. As such, you should read our Privacy Policy in addition to this ToU.

 

Acceptance of ToU

We know these ToUs can be tedious to get through. However, by accessing our Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing.

 

Changes to Terms

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU.

 

Online Services this ToU Covers

SLS offers a variety of educational guidance and support resources for individuals living with chronic illnesses, including courses, one on one coaching sessions, and support groups (collectively, the “Resources”). We also operate an online shop (the “Shop”) where you can purchase access to our Resources and a blog (the “Blog”) where you can find a wide variety of inspiration and educational information on thriving while living with a chronic illness. This ToU applies to our online services, including our website www.sarahlynnsolutions.com, the Shop, the Blog, our Resources, our social media pages, and any future online services we develop (collectively the “Online Services”). Please note that our coaching and support group services are controlled by separate participant agreements provided to you upon engaging us for such services.

 

Services This ToU Doesn’t Cover

We love supporting our partners, and to show our appreciation, we may link to their websites and services. When you click on one of these links, you are leaving SLS, and this ToU no longer applies. Likewise, when you access Resources they may be hosted on third-party platforms such as Kajabi, and the policies of the third-party platform apply. The way our partners or other third parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Please note that when you are using any other third-party platform to interact with our Online Services such as Kajabi, Google, Zoom, Instagram, or Facebook, you agree to their services policies, and this ToU is in addition not in place of such agreements. Additionally, any purchases made via the Blog are hosted directly on third-party vendor websites so, when using the Blog to make a third-party purchase, you are subject to these third parties’ policies. We are not responsible for errors in purchasing of third-party products.

 

Conditions Before You Access Our Online Services

Our Online Services are not targeted or intended to be used by people under the age of 18, and you are not permitted to make purchases from our Online Services unless you are over the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Online Services regardless of having parental permission. You must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company.

 

User Accounts

We don’t personally require you to have a user account to browse our Online Services, including our Blog and Shop offerings. However, you will be required to create an account to access certain Resources on our website, including coaching packages and our online courses. If you would like to register for an account, you will be required to provide us with some personal information such as your email address, name, and password. Any personal information that you provide to us will be treated in accordance with our Privacy Policy. If you wish to purchase items that are promoted through our Blog, you may be required to create an account via the direct third-party vendor (we have no control over these accounts). Further, in order to communicate via social media or interact with any of our other Online Services hosted by another third party, you may be required to provide personal information and, in some cases, create an account (we have no control over these accounts). Any personal information that we receive will be treated per our Privacy Policy.

 

Suspension and Termination of Your Account

  • Involuntary Suspension or Termination of Your Account

We may notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior we believe is in violation. However, we reserve the right to suspend or terminate your account and prevent access to our Online Services at any time for any reason.

 

  • Voluntary Termination of Your Account

You are free to delete your account at any time voluntarily. Deleting your account will mean that you will no longer be able to easily log in to make comments on the Blog or access Resources that you purchased. Information that you have previously provided to us will not be deleted along with your account unless you specifically ask for such information to be deleted and we are able to meet such request as determined at our discretion in accordance with the law and our Privacy Policy.

 

Pricing & Availability

All purchases made through our Blog are set and processed directly through the online third-party vendor. Therefore, we cannot and do not guarantee pricing or availability of items that we feature. As such, advertised prices are not guaranteed until a purchase has been made and you have received a confirmation email of such purchase. All credit card payments for said purchases are also processed through these third-party vendors; this means we never personally see or store your credit card information when you make an online purchase of a product promoted through the Blog. Prices advertised may be subject to taxes and shipping costs which may be calculated after checkout.

Purchases of Resources made through our Shop are processed through PCI-compliant third parties, so we don’t see or store your credit card information for these purchases either unless there is a technical error resulting in us needing to manually enter your payment details with your express permission. The current cost of each Resource is clearly marked in our Shop. We reserve the right to remove Resources from the Shop at our discretion and without notice and we cannot guarantee that a certain Resource will be available in the Shop for any amount of time. However, once you purchase a downloadable Resource, that file is yours to keep. There may be times when we need to make changes to our pricing, and as such prices advertised are not guaranteed until a purchase has been made. The full Resource price is due upon purchase, or monthly in the case of our support group, unless a payment plan option is made available at checkout. All fees are non-refundable upon payment. More information on fees and payment for our one-on-one and group support and educational services can be found in the Participant Agreement for those services.  

 

Shipping, Returns & Exchanges

All product purchases made through our Blog are subject to the shipping, return, and exchange policies of the online third-party vendor. Therefore, we cannot and do not control shipping, returns, and exchanges in connection with these items. Due to their digital nature, all purchases of Resources through the Shop are final. Once a purchase has been made, and the Resource has been made available to you, you will not be able to cancel your purchase and no refunds will be issued under any circumstance by SLS. Cancellation policies for one-on-one coaching and the support groups are subject to terms within the Participant Agreement.

 

Delivery and Storage of Resources

Once you purchase a Resource at the Shop, the Resource(s) that you ordered will be made available through your account on our website.

 

Downloadable Resources

For downloadable Resources, such as certain worksheets and our “Eleven Steps to Overcoming Failures” course, you may download a PDF through your website profile or request that a PDF copy be emailed to you. Double-check your email to make certain that the Resource doesn’t get sent to someone else! If you have any technical difficulties with the Resource(s), you must inform us at [email protected] within 7 calendar days of the email so that we can correct any issues for you and prevent them for future purchasers. Absent such notification, the Resource(s) will be deemed satisfactorily delivered. We are not responsible for archiving or storing any downloadable Resource(s) that you purchased or were considering purchasing. Nor are we responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to access downloadable Resources. If you purchase a downloadable Resource and want to ensure you have future access to it, it is your responsibility to ensure that the Resource is downloaded and that the digital file is copied to new media as necessary.

 

Non-Downloadable Resources

Certain Resources, such as our course videos, are not downloadable. These Resources are hosted through Kajabi and accessible through your account on our website. As mentioned above, when you are accessing Resources on the Kajabi website, you will be subject to Kajabi’s policies. While we will make efforts to address technology and access issues associated with our non-downloadable Resources, all questions and support requests will need to be resolved through the Kajabi platform and we cannot guarantee that technology or access issues will be resolved effectively or efficiently. We reserve the right to change our courses and the availability of our non-downloadable Resources at any time.

 

Resource Descriptions

We strive to adequately describe our Resources in the Shop so that you can pick the one that’s right for you. Due to the digital nature of the Resources, like a digital copy of a book, it is not possible for us to display the Resource to you prior to your purchase. Please explore the Site to confirm that the Resource choice you make works best for your needs and that the tools contained in the Resource will be helpful to you. Certain purchases of Resources, such as our courses, do not come with any in-person consultation from SLS beyond the educational information, coursework and guidance contained in the course. If you would like assistance beyond that contained in a Resource, please consider joining our weekly support group or one-on-one coaching sessions with Sarah Lynn

 

Third-Party Product/Service Descriptions

We make reasonable efforts to ensure that photos, prices, dimensions, sizing, colors, materials, and general product/service descriptions (collectively the “Product/Service Descriptions”) that we include on our Blog are representative of the actual product/service sold by the third-party vendor at the time that we make the Blog available to Users. However, we make no warranties concerning such Product/Service Descriptions and it is your sole responsibility to double-check all Product/Service Descriptions directly with the third-party vendor that sells the product/service before purchase. We do not claim ownership over Product/Service Descriptions and all such ownership belongs to the vendor selling the product/service.

 

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Affiliate and Commission Disclaimer

While we only feature items/services in our Blog that we love, we may receive a commission or other benefit when you make a purchase from a third-party affiliate vendor that we feature.

 

Guidelines for Content You Upload

We may allow users to interact with our social media accounts, join group/community forums we create, use chat/messaging systems as part of our Online Services, and comment our Blog (the “Social Services”). To comment on our Blog, use chat/messaging systems, and join a forum, you may be required to create an account on our website, and to interact with our social media accounts, you will be required to create an account with such third-party social media service. The purpose of these Social Services is to allow for questions to be asked and to facilitate a community. To ensure that these Social Services are enjoyable for everyone, we have established some ground rules to follow, and by using our Social Services, you agree to comply with these terms:

 

  • Please don’t:
    • Use the Social Services to spam or send unsolicited commercial posts;
    • Share, upload, copy, distribute, exploit or otherwise make available for commercial use any content that is not solely owned by you or that you have not secured the rights in;
    • Post content or communicate in a way that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;
    • Post content or communicate in a way that is unlawful, abusive, unfairly critical, defamatory, pornographic or obscene; or
    • Post content or communicate in a way that promotes or incites violence, terrorism, illegal acts, discrimination, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender identity, or sexual orientation.

 

  • Please do:
    • Give constructive feedback on how we can improve our Online Services;
    • Ask questions about our goods and services;
    • Mingle and make friends; and
    • Be a nice human!

 

We do not have any ownership rights in the content created and posted by you onto our Social Services. However, by using our Social Services to create such content, you grant to us a non-exclusive, fully paid, and royalty-free, universal, perpetual, irrevocable license to use, modify, delete from, add to, publicly display and reproduce such content in any media format through any media channel now existing or developed in the future. For comments made on our Blog, we reserve the right to approve all content prior to posting and may not approve any content for any reason. We will not be liable for any content posted or communicated using our Social Services, but we may, as an administrator, not approve or delete content that, at our discretion, we find inappropriate or in violation of this ToU (remember, the internet is forever).  ‘

 

Confidentiality & Sensitive Information

  • Private Coaching Services: During private coaching services with SLS, we will treat all sensitive and private information as confidential and agree not to share such information with third parties outside of SLS unless necessary under the law or to protect you or others.

 

  • Social Services: SLS encourages all participants in Social Services to treat other people’s information in the same way that you would like for your information to be treated, and not share another’s sensitive or personal information with any third party outside of the group. However, SLS cannot and does not guarantee that information provided during such Social Services will be kept confidential. As such, you understand that any information provided may be subsequently shared with other third-parties.

Any personal information collected via our Online Services is subject to our Privacy Policy.

 

General Intellectual Property & Grant of License to Use Online Services

Our Online Services contain content, such as the “Sarah Lynn Solutions” name and logo, our website design, our website code, coursework, Resources, videos, and photos that are protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. We may also use some open source and licensed third-party content in our Online Services, such as fonts, photos, and graphics. We do not make any claim of ownership to this content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. We also do not make any ownership claim over Product/Service Descriptions which remain the sole property of the product vendor. SLS does not grant or transfer any other rights, title, or interest to you other than the following limited license: SLS grants to you a limited, non-exclusive, non-transferable, revocable license to access and use SLS’s Online Services for non-commercial personal purposes only. SLS reserves the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this ToU.

 

Resource License

SLS grants to each Resource purchaser a limited, non-exclusive, personal license to the Resource that they purchased. This license means that you can use the Resource to guide you through your personal journey in living with a chronic illness. This license is non-exclusive, meaning that other people will be able to purchase the same Resource(s) and will receive the same license. To be clear, you also cannot resell, lease, duplicate, license, sub-license, redistribute, share, or offer for free any Resource to any third party or marketplace. Nor can you use any Resource(s) to assist another individual with their personal journey, whether for monetary gain or not. If someone is inspired by the growth or insight you were able to achieve with the help of a Resource, we encourage you to direct them to our website so that they can purchase the Resource that best suits their needs and lifestyle.

 

Publicity

You grant to SLS a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any public reviews, posts, or comments posted on any third-party platform (including Instagram, Facebook, and Google Reviews) that you make about SLS for our publicity and marketing purposes.

 

Copyright Policy& DMCA Claims

SLS respects the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Online Services infringe on any person or entity's copyright or other intellectual property rights. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. Per 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:

 

  • an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on our Online Services where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.

 

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.

 

Testimonials & Reviews Disclaimer

Our Online Services may contain testimonials and reviews of our Online Services by other users of our Online Services. While based on the real-life experiences and opinions of such users, such opinions do not reflect the experiences of all of our users, and user experiences with our Online Services may vary. The views and opinions in such reviews and testimonials solely belong to the user and do not reflect our views and opinions.

 

Informational Opinion Disclaimer

Despite being based on our expertise, education, and knowledge, all information, materials, and Resources provided by SLS are information and educational opinions only. Verbal and written material provided with Resources are solely intended to help users make informed decisions and provide general support for individuals living with chronic illness. You understand that SLS is not a medical or mental healthcare provider, that our Resources are not a substitute for professional medical or mental healthcare or advice from a healthcare provider, and that SLS does not warrant that information made will be accepted or endorsed by third parties nor that information provided is suitable for your situation or will garner successful results.

 

Assumption of Risk

You acknowledge that the Online Services provided by SLS may be physically and emotionally strenuous and may result in accident, injury, or worsening of any existing physical or mental impairment. You assume all risks and responsibilities connected with and arising out of your participation in our Online Services and are solely responsible for consulting with a medical physician and other relevant professionals prior to and regarding participation in any Online Services to ensure the Online Services are suitable for you. If you have any physical, dietary, psychological, or psychiatric impairment before engagement in Online Services or develop any such impairment during or after engaging in Online Services, it is your sole responsibility to cease use of the Online Services and inform your medical professional.

 

Representations and Warranties

  • SLS’s Representations and Warranties

YOU MAY BE GRANTED WARRANTIES REGARDING GOODS FROM THE THIRD-PARTY VENDOR SELLING THE GOODS. HOWEVER, WE DO NOT PROVIDE SUCH WARRANTIES OR HAVE ANY CONTROL OVER THIRD-PARTY WARRANTIES OR THE QUALITY OF GOODS SOLD. OUR ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” SLS MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR ONLINE SERVICES. HOWEVER, SLS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. SLS DOES NOT WARRANT THAT USE OF SLS’S ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. SLS IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. SLS DOES NOT GUARANTEE ANY LEVEL OF SUCCESS WILL BE ACHIEVED BY YOUR USE OF OUR ONLINE SERVICES. OUR ONLINE SERVICES ARE INFORMATIONAL AND EDUCATIONAL ONLY, AND YOU ACKNOWLEDGE THAT SLS HAS NOT AND WILL NOT RENDER ANY MEDICAL SERVICES TO YOU, INCLUDING WITHOUT LIMITATION, MEDICAL DIAGNOSIS OF ANY PHYSICAL OR PSYCHIATRIC CONDITION.

 

  • User Representations and Warranties

By using SLS’s Online Services, you represent and warrant that:

  • You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;
  • You will provide accurate and truthful information regarding your personal identification and will not use any other person’s information;
  • You have read and agree to this ToU and will not use SLS’s Online Services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;
  • You will not try to reverse engineer our site or software to circumvent access to our Online Services;
  • You will not circumvent or hack any technology used by SLS to protect our Online Services and our users;
  • You will not transmit any worms or viruses or any code of a destructive nature; and
  • You will not copy or fraudulently reproduce SLS’s content or violate our intellectual property rights.

 

Limitation of Liability

IN NO EVENT WILL SLS BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL, YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS, OR YOUR FAILURE TO COMPLY WITH THIS TOU. SLS WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF SLS UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO SLS FOR OUR ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, SLS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND SLS.

 

Indemnification

You agree to indemnify and hold SLS harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from or arising from any breach by you of this ToU and any activity related to your engagement with our Online Services.

 

Release

You hereby release and forever discharge SLS (and our officers, employees, agents, successors, and assigns) from, and hereby waives and relinquishes, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to SLS, our Online Services (including any interactions with, or act or omission of, other users, or any third-party links and ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

Privacy, Cookies, and Data Protection

We care about your personal information; any personal information you provide to us is collected, stored, and processed by us and used according to our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy.

 

International Users

SLS’s Online Services are controlled, operated, and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access SLS’s Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our Online Services, in whole or in part, to any geographic location or jurisdiction we choose.

 

Dispute Resolution

THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY SLS.

 

  • Letting Us Know About Complaints

At SLS, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about SLS's Online Services, please reach out to SLS to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute. 

 

  • Mandatory Binding Arbitration

If any controversy or claim arising out of or relating to Online Services provided under this ToU cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claim court and would be more efficiently and cost-effectively resolved in a small claims court. The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA in Travis County, Texas. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise.

 

  • Prevailing Party

If an arbitrator or court of law determines a claim against SLS to be frivolous or an opinion is found in our favor by the arbitrators or court, you agree to reimburse SLS for all fees associated with the arbitration and/or court case, including attorneys’ fees and arbitration/court costs.

 

  • Class Action Waiver

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against SLS will be initiated only in your individual capacity. Any relief awarded by an arbitrator or court of law will not affect other users of SLS’s Online Services.

 

Assignment
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of SLS. SLS reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the SLS business or assets.

 

Survival of Terms Beyond Termination

All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses.

 

Waiver and Severability

No waiver by SLS of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.

 

Applicable Law and Jurisdiction

Except where otherwise required by mandatory law, this ToU, as well as our Privacy Policy, is to be governed by and interpreted, constructed, and enforced per the laws of the state of Texas without regard to conflict of law provisions. All disputes are to be resolved in the jurisdiction of Travis County, Texas.

 

Entire Agreement

This ToU and our Privacy Policy represent the entire and exclusive agreement between SLS and users of our Online Services. All previous written and oral agreements and communications related to the subject matter of this ToU and Privacy Policy are superseded. If any interior design service agreement or staging agreement is provided or has been provided in addition to this ToU and Privacy Policy, such agreements are intended to be in addition and not in lieu of this ToU. To the extent that there are any provisions in such service agreements that conflict with the terms of this ToU, the terms of the service agreement will prevail.

 

Contact Us

Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations regarding our Online Services. However, if you have any questions about this ToU, our Privacy Policy, or SLS’s services in general, just reach out! We would be more than happy to explain.

 

[ADDRESS]
(978) 844-0112
[email protected]