V. Adams Coaching (VA) welcomes you to our website and all site-related services subject to your compliance with the terms and conditions set forth in these Terms of Use (“TOU”). These Terms govern the relationship between VA and you with respect to your use of the VA website.  

It is important that you read these Terms of Use carefully before you use our website, and if you do not agree with them, please do not use this website. Any questions or comments you may have regarding this website should be sent to vadams@empowerandhear.com. 

VA reserves the right to modify the Terms of Use without prior notice at any time, and we will post a revised Terms of Use and update the date at the bottom of the Terms of Use. Your continued use of the website after such notice will be deemed acceptance of such changes. It is therefore important that you read this page from time to time to ensure you are updated regarding any changes to this TOU.

1. Intended Use of the VA Website. By using or attempting to use the VA website, you certify that you are at least 13 years of age or, if under the age of 13, you have the consent of your parent or guardian (over the age of 18) to use the website. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this TOU, please discontinue using our website immediately.

 By using the website, you agree to be bound by the provisions of this TOU and any additional terms that govern any products, if applicable, and services, which will be presented in conjunction with those products and services. Such additional terms and the website’s Privacy Policy are hereby incorporated in this TOU by reference. This TOU will remain in full force and effect as long as you are a user of our website and in the event you no longer use the website, you will still be bound by any obligations on your part under this TOU.

2. Content You Share. In the event you provide information about yourself, you agree to provide accurate, current, and complete information and to update your information as appropriate. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, maintain, and may disclose. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this TOU and your use of the website.

3. Rules of Conduct. While using the VA website, you agree to comply with all applicable laws, rules, and regulations, including, but not limited to, those governing copyright and trademark and other intellectual property matters. You may not engage in any unauthorized use, copying, or distribution of any of website content, including reproducing, displaying, publicly performing, or distributing website content in any way for any public or commercial purpose.  

You also agree you will refrain from engaging in the following conduct or transmitting any of the following when using the website:

         a. Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane, or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;

         b. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation or to monitor the use of, any hardware, software or equipment;

         c. Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; and

         d. Other activity that violates the legal rights of others, including without limitation, others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.

4. Intellectual Property. You further acknowledge that V. Adams Coaching is the owner of the trademark and service mark V. Adams Coaching and logo. You agree that all uses of the foregoing marks shall only be in connection with any goods and services related to Empower & Hear. The website, including all website software, databases, proprietary information and website content, as well as any intellectual property and other rights relating thereto, including, without limitation, the selection, sequence, appearance, and “look and feel,” are owned and operated by VA.

You understand and agree that the website is protected by U.S. and international copyright, trademark, and other laws, and your use of this website does not provide any ownership rights to you. You are permitted to link to, copy, and share pages from our website for educational, journalistic, or commentary purposes provided you provide accurate credit and sourcing to V. Adams Coaching and include the website URL of the website page from which the text was obtained. These uses, however, may not be edited but must be as presented on our website without editing or alteration. You are forbidden from any commercial reproduction and distribution of the VA website. Moreover, you are not allowed to copy, reproduce, or otherwise use or make derivative works from any photograph or illustration on the website.

5. Services. In the event VA provides services to you, you agree that all information you are requested to provide will be current and accurate, and you will abide by any terms of engagement or retainer as you and VA agree.

6. Links. The website may contain links to other Internet websites. VA does not review all of the websites’ content that are linked to the website, is not responsible for such content, and the presence of such links does not indicate the approval or endorsement of any material contained in any linked sites. Accordingly, we encourage you to become familiar with the terms of use and practices of any linked site and to review that Site’s Privacy Policy for additional information regarding third party websites.  

7. Children’s Online Privacy Protection Act. This website complies with the Children’s Online Privacy Protection Act. However, we cannot prohibit minors from visiting this website. We must rely on parents and guardians of children under 13 to monitor such children’s activities and determine what website content is acceptable. All personally identifiable information (PII) of a child under 13 must have the parent or guardian’s permission, and we will delete all PII from a child under the age of 13 in the event we inadvertently receive and learn about such information. Please see our Privacy Policy for more information. 

8. Limitation of Liability. You acknowledge that this website and all content, information, and materials made available through this website are provided to you “as is” without any express warranties or representations of any kind. VA disclaims all statutory and implied representations, warranties, terms, and conditions with respect to this website, and all content, information, and materials made available through this website, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, and noninfringement. Neither V. Adams Coaching nor any other party involved in creating, producing, or delivering the website, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with your access to, or use of, the website, its features, or any content made available through the website.

9. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold harmless V. Adams Coaching and any other party involved in creating, producing, or delivering the website, and their respective directors, officers, employees, agents, and representatives, from and against all claims, losses, costs, and expenses, including without limitation attorneys’ fees, arising out of (a) your use of, or activities in connection with, the website; (b) any violation of these terms of use by you in connection with the website; or, (c) any allegation that any content that you make available or create through the website, infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any third party.

10. Termination. This TOU is effective until terminated. You agree that we may terminate your access to or use of the website or any portion thereof, at any time, if you breach the Terms of Use, or we reasonably believe that you have breached these Terms of Use, subject to any restrictions placed on our exercise of such rights under applicable law. Upon any such termination, your right to access and use the website will immediately cease. You agree that any termination of your access to or use of the website may be affected without prior notice to you. 

11. Disclaimers. You agree that this website, the materials on the website, and any services or products obtained through the site are provided “as is” and without warranties of any kind, either express or implied, and you use the website at your own risk. You acknowledge VA is not liable for any damages, including direct, incidental, special, consequential, or punitive, in connection with or arising from your use of the website. To the fullest extent permissible pursuant to applicable law, VA and agents disclaim all warranties, express or implied, with respect to the website, the materials, and any product or service obtained through the website, including, without limitation, fitness for a particular purpose, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance, or usage of trade, that the website is free of viruses or other harmful components. 

12. Other. In the event any provision of the TOU is deemed unlawful, void, or unenforceable, such provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions, and such remaining terms and provisions remain valid and in full force and effect.

This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The TOU is not assignable by you except with the prior written consent of V. Adams Coaching. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

February 2023