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Terms & Conditions

BY VISITING www.restorativedemocracyproject.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.


OVERVIEW
The terms “we,” “us,” and “our” refer to the Restorative Democracy Project and RCL Coaching & Consulting. The term “Site” refers to www.restorativedemocracyproject.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The term “Service(s)” refers to all programming the Restorative Democracy Project and RCL Coaching & Consulting provides, including but not limited to coaching, mastermind, online training, membership site, workshop, retreats, in-person gatherings, and all digital products for sale (collectively, the “Service”).

Use of www.restorativedemocracyproject.com, including all materials presented herein and all online services provided by the Restorative Democracy Project and RCL Coaching & Consulting, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.


USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to the Services provided and other information are subject to change. The Restorative Democracy Project and RCL Coaching & Consulting makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. The Restorative Democracy Project and RCL Coaching & Consulting disclaims all liability for any inaccuracy, error, or incompleteness in the Content.


ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to the Restorative Democracy Project and RCL Coaching & Consulting will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.


LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.


REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.


ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

PAYMENTS
As consideration for any purchase you make on the Site, you shall pay the Restorative Democracy Project and RCL Coaching & Consulting all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize the Restorative Democracy Project and RCL Coaching & Consulting to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

REFUNDS
Please note, we do not offer refunds. However, if you give us at least 30 days notice of your need to cancel, we will credit your payment toward another Service, dependent upon your eligibility. However, if you do not cancel with at least 30 days notice, you will lose any payments you have already made.


PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right
without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.


INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to the Restorative Democracy Project and RCL Coaching & Consulting. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to the Restorative Democracy Project and RCL Coaching & Consulting remains yours to the extent that you have any legal claims therein. You agree to hold the Restorative Democracy Project and RCL Coaching & Consulting harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.


OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by the Restorative Democracy Project and RCL Coaching & Consulting, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy. 

CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

COOKIES
We use session cookies to ensure that your computer displays restorativedemocracyproject.com effectively. You have the ability to accept or decline cookies using your web browser settings.

 

LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

 

NO WARRANTY
The information presented on restorativedemocracyproject.com is provided “as is” and “as available,” without representation or warranty of any kind. The Restorative Democracy Project and RCL Coaching & Consulting does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.


LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, THE RESTORATIVE DEMOCRACY PROJECT AND RCL COACHING & CONSULTING IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE RESTORATIVE DEMOCRACY PROJECT AND RCL COACHING & CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE RESTORATIVE DEMOCRACY PROJECT AND RCL COACHING & CONSULTING’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE RESTORATIVE DEMOCRACY PROJECT AND RCL COACHING & CONSULTING, AND IF NO PURCHASE HAS BEEN MADE BY YOU RESTORATIVE DEMOCRACY PROJECT AND RCL COACHING AND CONSULTING’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.


THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Restorative Democracy Project and RCL Coaching & Consulting. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

VISITORS GDPR RIGHTS
According to the GDPR a “data subject” is defined as an identifiable natural person. A natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as: a name, an identification number, location data, or online identifier. Alternatively, they may be identified by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. A data subject may be of any age or nationality.


As a data subject, within the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). Those rights include:
You have the right to be informed with respect to your personally identifiable information (PII) retained by the Company. As such, you may request access to your data that the Company stores and the rights to either correct or erase your personal data.
We will retain any personally identifiable information you choose to provide to us unless: (a) you request for us to delete the information, (b) we stop using our existing data providers, or (c) at Company’s discretion, we decide to remove the data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.


You have the right to withdraw consent provided to the Company concerning the processing of your personal data, as well as the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to not be subjected to automated decision-making via pre-ticked boxes, additions to our email marketing lists and the like.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us by way of downloading a lead magnet, webinar, freebie or any other traditional list building methods.


EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and the Restorative Democracy Project and RCL Coaching & Consulting pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Restorative Democracy Project and RCL Coaching & Consulting shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Restorative Democracy Project and RCL Coaching & Consulting.

 

NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Restorative Democracy Project and RCL Coaching & Consulting, 2785 E Grand Blvd, Unit #535, Detroit MI 48211 


GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Michigan as applied to contracts that are executed and performed entirely in Michigan. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Wayne County, Michigan. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute
resolution procedures.

RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.


SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.


ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Updated: Mar 20, 2024
 

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