Terms & Conditions
BY VISITING HEYCARTERSELFPUBLISHINGCLUB.COM, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS OF HEY CARTER! INC. (HEREINAFTER “HEY CARTER!”).
The terms “we”, “us”, and “our” refer to Hey Carter!. The term “Site” refers to heycarterselfpublishingclub.com. The term “user,” “you” and “your” refers to site visitors, potential clients, and any other users of the site. The term “Service” refers to general information provided to permit you to learn more about our coaching firm, our services and our professionals, as well as information about business and intellectual property, and information about business coaching in general.
Use of the Service, including all information and educational materials presented herein by Hey Carter!, is subject to the following terms and conditions. These Terms and Conditions apply to all site visitors, potential clients, 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 + Service
Materials on heycarterselfpublishingclub.com contain general information only to permit you to learn more about our coaching firm, our services and our professionals, as well as information about business and intellectual property, and information about business coaching in general. The information presented is not legal advice, is not to be acted on as such, and is subject to change without notice.
To access or use the Site or the Service, you must be 18 years 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 or the Service.
This website may constitute attorney advertising under the laws of some states. Hey Carter! does not intend its site to constitute attorney advertising but recognizes that it may be so considered in certain jurisdictions. To clarify the purpose of the website and Hey Carter!’s intent as to its visitors, Hey Carter! states that visiting the website and interacting with the materials provided thereon does not establish an attorney-client relationship, which is only formed when you have signed an engagement agreement and complied with the terms thereof. Materials and information provided on the website are not indicative of likely results in any particular matter. Hey Carter! cannot guarantee results; past results do not guarantee future results.
Modification of These Terms
Hey Carter! reserves the right to change the terms, conditions, and notices under which heycarterselfpublishingclub.com is offered. By using heycarterselfpublishingclub.com or sending our office any personal information, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.
No Attorney-Client Relationship or Legal Advice
Neither receipt of information presented on heycarterselfpublishingclub.com nor any email or other electronic communication sent to Hey Carter! or its owners, team, attorneys or staff through heycarterselfpublishingclub.com will create an attorney-client relationship. Hey Carter! cannot guarantee the confidentiality of information provided by email through the website. No user of heycarterselfpublishingclub.com should act, or refrain from acting, on the basis of information included on heycarterselfpublishingclub.com without first consulting legal counsel in the relevant jurisdiction.
Our attorneys are licensed to practice in New York and New Jersey. The attorneys of Hey Carter! practice law only where licensed to do so, where permitted to do so by virtue of the advice rendered being on issues of Federal law, and where permitted to do so by multijurisdictional practice rules including American Bar Association Model Rule 5.5 and individual state rules modeled after American Bar Association Model Rule 5.5. To the extent the attorneys of Hey Carter! are contacted by potential clients seeking legal services in jurisdictions in which the attorneys are not permitted by these or other means to practice law, Hey Carter! shall decline to provide representation. Hey Carter! does not seek to represent anyone based solely upon a visit to heycarterselfpublishingclub.com or upon advertising, or where to do so would not comply with applicable local laws and rules. Access to the website from physical locations in jurisdictions in which the attorneys of Hey Carter! are not permitted to practice law is inadvertent and unavoidable due to the nature of internet access; any such access is not intended by Hey Carter! as an advertising effort or an effort to establish a systematic and continuous presence in any jurisdiction in which the attorneys are not permitted to practice law.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site or via email 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 Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Service. Content you submit to the Site remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant Hey Carter! a worldwide, nonexclusive, irrevocable license to display the Materials you supply to us for business development and marketing purposes only. By visiting the site, you agree to hold Hey Carter! 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.
Scope of Services
The information provided on the Site is for educational and informational purposes only. It is not legal advice. If you require legal advice, consult an attorney licensed in your jurisdiction. Use of the Site and Service does not establish an attorney-client relationship.
An attorney-client relationship with prospective clients is established only after an attorney of Hey Carter! has expressly communicated the ability to accept representation of your matter. Hey Carter! may decline to provide legal service if a conflict of interest is discovered. The scope of legal services to be performed by an attorney of Hey Carter! will be expressly agreed upon in writing by you before any legal services are performed, and do not include any services that have been expressly excluded or are otherwise outside the scope of the written agreement. The terms herein do not apply to any attorney-client relationship that may exist between you and Hey Carter! in addition to your use of the site; any materials or other communications within such relationship, if any, are governed by the terms of your Engagement Agreement and the applicable Rules of Professional Conduct.
Refunds and Cancellations
We do not provide refunds of any kind for any reason. You are free to cancel your membership and cease to participate in our programs, however this will not warrant a refund of any kind.
Establishment of Attorney-Client Relationship and Right to Refuse Service
An attorney-client relationship with prospective clients is established only after an attorney of Hey Carter! has expressly communicated the ability to accept representation of your matter. We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so.
Description of Services
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 use session cookies to ensure that your computer displays rodgerscollective.com effectively. You have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from heycarterselfpublishingclub.com, you may not be able to take full advantage of its features or to receive some of the services heycarterselfpublishingclub.com provides.
Links and Email Addresses
Links posted on this website to other websites are provided only as a convenience to our clients. 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 Hey Carter!. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Spamming, the unsolicited broadcasts of email addresses or links in this website, is prohibited and unauthorized.
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.
The information presented on rodgerscollective.com is provided “as is” and “as available,” without representation or warranty of any kind. Hey Carter! 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.
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.
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, Hey Carter! 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 Hey Carter! 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 Hey Carter!’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Hey Carter!, and if no purchase has been made by you Hey Carter!’s cumulative liability to you shall not exceed $100.
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, attorneys’ 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.
Our Intellectual Property
The Site and Service contain intellectual property owned by Hey Carter! including, without limitation, the Hey Carter! logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, 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 anyway exploit in any format whatsoever any of the Site or Service content, 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.
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 Hey Carter! pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by Hey Carter! 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 us.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Hey Carter! Inc.
1647 Willow Pass Road
Concord, CA 94519
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of California applied to contracts that are executed and performed entirely in California The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Concord, California. 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 & Resolution 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 attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
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.
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, accept upon approval by Hey Carter!. Any transfer, assignment, delegation or sublicense by you is invalid.
Updated: August 2022