Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Cheryle Freedman, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Contact Information for CheryleFreedman.com (Cheryle Freedman)
Mailing Address: CheryleFreedman.com, 2018 NW 2ND AVE, CAPE CORAL, FL 33993 Attention: Cheryle Freedman
How and Why we collect personal information.
As a visitor to this Website, you can engage in most activities without providing any personal information. It is only when you seek to download resources and/or register for services that you are required to provide information.
We collect only that information which is necessary to improve the performance of our website and to deliver the products and services you request. We collect no information beyond what is required to fulfill our contract with you. If you are a registered user of a “CheryleFreedman.com” website. If you register to download a book or resources, sign up for our newsletter, and/or sign up for an online course, we collect your information. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services and have supplied your first name and email address, Cheryle Freedman may occasionally send you an email to tell you about course information being unlocked for your use, new features, offers, solicit your feedback, or just keep you up to date with what’s going on with Cheryle Freedman and our products.
If you opt in to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by CheryleFreedman.com on this Website, we will automatically enroll you to receive our free email newsletter. If you do not wish to receive this newsletter, you can unsubscribe at anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to firstname.lastname@example.org requesting to be unsubscribed.
If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Cheryle Freedman takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
How your information is shared.
“CheryleFreedman.com” may disclose potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Cheryle Freedman’s behalf or to provide services available at Cheryle Freedman’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Cheryle Freedman’s websites, you consent to the transfer of such information to them.
We are committed to keeping your email safe and confidential. “CheryleFreedman.com” will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, “CheryleFreedman.com” discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Cheryle Freedman believes in good faith that disclosure is reasonably necessary to protect the property or rights of Cheryle Freedman, third parties or the public at large. Cheryle Freedman takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
In compliance with the CAN-SPAM Act, all e-mail sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
Our site provides users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.
We keep your data until you specifically ask to have it removed or “erased”.
- You have the right to request access, rectification or erasure of your personal information. “The right to be forgotten”.
- You have the right to withdraw your consent from options you have previously signed up for at any time. Instructions to unsubscribe are written at the bottom of every email we send you. You can also email to specifically request to withdraw your consent.
- You have the right to lodge a complaint to a superior authority.
- Your cherylefreedman.com Account and Site. If you enroll in or purchase a program from cherylefreedman.com, you will be able to create a password protected login that is unknown to the controller (Cheryle Freedman). You will be responsible for maintaining your login details. You must immediately notify Cheryle Freedman of any unauthorized use of your account or any other breaches of security. Cheryle Freedman will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you comment on a blog, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
- Without limiting any of those representations or warranties, Cheryle Freedman has the right (though not the obligation) to, in Cheryle Freedman’s sole discretion (i) refuse or remove any content that, in Cheryle Freedman’s reasonable opinion, violates any Cheryle Freedman policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Cheryle Freedman’s sole discretion. Cheryle Freedman will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Cheryle Freedman the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
- Unless you notify Cheryle Freedman before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Cheryle Freedman in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Cheryle Freedman the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Cheryle Freedman reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Cheryle Freedman. Programs are offered with a *30 day money back guarantee* provided you demonstrate that you completed the work required in that time period. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Cheryle Freedman to respond within 2 Business days) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free cherylefreedman.com services. All support will be provided in accordance with Cheryle Freedman standard services practices, procedures and policies.
- Responsibility of Website Visitors. Cheryle Freedman has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Cheryle Freedman does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cheryle Freedman disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites.We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which cherylefreedman.com links, and that link to cherylefreedman.com. Cheryle Freedman does not have any control over those non-Cheryle Freedman websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cheryle Freedman website or webpage, Cheryle Freedman does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cheryle Freedman disclaims any responsibility for any harm resulting from your use of non-Cheryle Freedman websites and webpages.
- Copyright Infringement and DMCA Policy.As Cheryle Freedman asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by cherylefreedman.com violates your copyright, you are encouraged to notify Cheryle Freedman in accordance with Cheryle Freedman’s Digital Millennium Copyright Act (“DMCA”) Policy. Cheryle Freedman will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cheryle Freedman will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cheryle Freedman or others. In the case of such termination, Cheryle Freedman will have no obligation to provide a refund of any amounts previously paid to Cheryle Freedman.
- Intellectual Property.This Agreement does not transfer from Cheryle Freedman to you any Cheryle Freedman or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cheryle Freedman. Cheryle Freedman, cherylefreedman.com, the cherylefreedman.com logo, and all other trademarks, service marks, graphics and logos used in connection with cherylefreedman.com, or the Website are trademarks or registered trademarks of Cheryle Freedman or Cheryle Freedman’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Cheryle Freedman or third-party trademarks.
- Partner Products.By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Changes. Cheryle Freedman reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Cheryle Freedman may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Cheryle Freedman may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your cherylefreedman.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Cheryle Freedman if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Cheryle Freedman’s notice to you thereof; provided that, Cheryle Freedman can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties.The Website is provided “as is”. Cheryle Freedman and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cheryle Freedman nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Cheryle Freedman, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cheryle Freedman under this agreement during the twelve (12) month period prior to the cause of action. Cheryle Freedman shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- You agree to indemnify and hold harmless Cheryle Freedman, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- This Agreement constitutes the entire agreement between Cheryle Freedman and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cheryle Freedman, or by the posting by Cheryle Freedman of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Florida, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Lee County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Fort Myers, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cheryle Freedman may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Like most website operators, Cheryle Freedman collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Cheryle Freedman’s purpose in collecting non-personally identifying information is to better understand how Cheryle Freedman’s visitors use its website. From time to time, Cheryle Freedman may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Cheryle Freedman also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on cherylefreedman.com blogs/sites. Cheryle Freedman only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Cheryle Freedman’s websites choose to interact with Cheryle Freedman in ways that require Cheryle Freedman to gather personally-identifying information. The amount and type of information that Cheryle Freedman gathers depends on the nature of the interaction. For example, we ask visitors who sign up at cherylefreedman.com to provide a username and email address. Those who engage in transactions with Cheryle Freedman are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Cheryle Freedman collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Cheryle Freedman. Cheryle Freedman does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
If Cheryle Freedman, or substantially all of its assets, were acquired, or in the unlikely event that Cheryle Freedman goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Cheryle Freedman may continue to use your personal information as set forth in this policy.