The following agreement (the “Agreement”) contains the terms and conditions that govern your use of the www.rutacoaching.com website (“Website(s)”) and our Service(s) (as defined below). This Agreement describes your rights and responsibilities, as well as what you can expect from the Website(s) and our Service(s).
Ruta Stasiunaite, (“Ruta Stasiunaite” and “We”) owns and operates the Website and reserves the rights to add, delete, and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. If any modification is unacceptable to you, your only recourse is not to use the Website and our Services and to request an immediate termination of your participation.
1. USE OF THE WEBSITE AND SERVICES
1.1. We will only knowingly provide our Services to parties that can lawfully enter into and form contracts under applicable law. The Website and our Services are not for children under the age of 18 and any such use is prohibited.
1.2. You must comply with all of the terms and conditions of this Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use the Website and our Services.
1.3. Your License to Use the Website and our Services.
1.3.1. We own or license all intellectual property and other rights, title, and interest in and to the Website, our Services, and the materials accessible on and/or through the Website and our Services, except as expressly provided for in this Agreement. For example, and without limitation, We own trademarks, copyrights, and certain technology used in providing our Services. You will not acquire any right, title or interest therein under this Agreement or otherwise unless expressly provided for herein.
1.3.2. We grant you a limited revocable license to access and use the Website and our Services for its intended purposes, subject to your compliance with this Agreement. This license does not include the right to collect or use information contained on the Website for purposes that We prohibit or to compete with our company. If you use the Website or our Services in a manner that exceeds the scope of this license or breaches any relevant agreement, your license shall terminate immediately.
2.1. For the purpose of this Agreement, “Confidential Information” shall be deemed to include all information and materials that: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential.
2.2. The obligation of confidentiality shall not apply to any particular portion of Confidential Information which: (a) was in the public domain when we granted access to you; (b) entered the public domain through no fault of you subsequent to receipt; (c) was in your possession free of any obligation of confidence at the time of the disclosure by us; (d) was rightfully communicated by a third party to you free of any obligation of confidence subsequent to the time of the originating party’s communication thereof to you; (e) was developed by you independently of and without knowledge or reference to any Confidential Information; (f) is approved for release by written authorization from us; or (g) is required to be disclosed pursuant to any statute, law, rule or regulation of any governmental authority or pursuant to any order of any court of competent jurisdiction, but in any case, you will immediately notify us before disclosure and given a reasonable opportunity to obtain a protective order or other form of protection.
2.3. You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work and/or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical, or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that five thousand dollars ($5,000) shall be presumed to be the amount of damages sustained by reason of each such breach, without prejudice to our right to also seek injunctive or other equitable relief.
2.4. Other than as expressly provided for herein, in no event shall you be deemed by virtue hereof to have acquired any right or interest by license or otherwise, in or to the Confidential Information.
2.5. You and We agree that all originals and any copies of the Confidential Information remain the property of Ruta Stasiunaite. You shall reproduce all copyright and other proprietary notices, if any, in the same form that they appear on all the materials provided by us, on all copies of the Confidential Information made by you. You agree to return all originals and copies of all Confidential Information in your possession and/or control to us at our request.
3. GENERAL RULES
3.1. Prohibited Use. You may only use the Website and/or our Services to promote your business, as expressly permitted by us. You may not cause harm to the Website or our Services. Specifically, but not by way of limitation, you may not: (i) interfere with the Website and/or our Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website or our Services; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website and/or our Services, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Website and/or our Services; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another user’s ability to use or enjoy the Website and/or our Services; (vii) assist or encourage any third party in engaging in any activity prohibited by this Agreement; (viii) co-brand the Website or our Services; (ix) frame the Website and/or our Services; or (x) hyperlink to the Website and/or our Services, without the express prior written permission of an authorized representative of Ruta Stasiunaite.
4. DISCLAIMERS AND EXCLUSIONS
4.1. DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEBSITE, OUR SERVICES, AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, OUR SERVICES, OR WEBSITE CONTENT, OR USE THEREOF: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
4.2. EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE AND/OR OUR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3. LIMITATION OF LIABILITY. IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR OUR SERVICES EXCEED THE LESSER OF (i) THE AMOUNT PAID TO US BY YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100).
4.4. THE INCOME DISCLAIMER POSTED ON OUR WEBSITE IS INCORPORATED HEREIN BY REFERENCE AND YOU HEREBY REPRESENT THAT YOU HAVE READ AND UNDERSTAND IT.
5.1. All notices required or permitted to be given under this Agreement will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to us, you must use the following address: Ruta Stasiunaite, Boetzowstrasse, Berlin 10407, Germany . If Ruta Stasiunaite provides notice to you, We will use the contact information provided by you to us. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
6. NOTIFICATION OF CLAIMS OF INFRINGEMENT
6.1. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our designated agent to receive notice of claimed infringement: Ruta Stasiunaite, Boetzowstrasse, Berlin 10407, Germany. Provide the following information required by the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) 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; (iii) identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) 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; (vi) 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 to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on this site can be reached at email@example.com.
7. THIRD PARTY REFERRAL FEES
7.1. We may receive an affiliate commission when you purchase some of the products and/or services that we recommend on our Website and/or Services. By entering into this Agreement, You acknowledge that you have been informed of such payments, consent to payments of affiliate commission to Ruta Stasiunaite, and that such payments are fair and reasonable.
8.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.
A. MARKETING AND TRADEMARKS
A.1. Ruta Coaching is designed by Ruta Stasiunaite to provide a level playing field for all its independent Affiliates and to prevent “sponsor shopping” (and cross recruiting) by or on behalf of its Customers/Users. In the case of a dispute, the new Customer enrollment is credited to the affiliate who FIRST generated the new Customer as a lead or application. The disputing affiliates may agree to allow a new Customer to move if the Customer agrees, but the credit for the enrollment rightfully belongs to the affiliate that generated the original lead or application.
If you have questions or concerns regarding this Agreement, you should contact us by e-mailing firstname.lastname@example.org and writing “Agreement” in the subject line.
This agreement was last updated on 1/5/2020