TERMS & CONDITIONS & PRIVACY POLICY

Welcome to kathydigiacomo.com, a website operated by Kathy Di Giacomo Coaching LLC 26710994. We are committed to maintaining strong privacy protections for our users (“User” or “Users”). Our Terms & Conditions and Privacy Policy is in place to help you understand how we collect, use and safeguard the information you provide to us.

Your privacy is important to us. This Privacy Notice describes the information we collect and how we use that information. Our Privacy Notice is applicable if you have ever submitted personal information to us.

By accepting our Privacy Policy, you consent to our collection, storage, use, and disclosure of your personal information described.

HOW YOUR INFORMATION IS USED/STORED

Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service, weekly email marketing/inspirational emails, and making available other items and services to our customers and prospective customers.

Kathy Di Giacomo Coaching will not obtain personally-identifying information about you when you visit our site unless you choose to purchase a product/service or opt-in to receive marketing from us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.

We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.

EMAIL POLICIES

We are committed to keeping your email address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless strictly compelled to do so by law.

We will use your e-mail address to email you marketing and inspirational content. This may or may not include affiliate emailings. We are affiliates for many exceptional resources and if you purchase through our affiliate links, we may receive a commission and/or other non-financial compensation. We only ever share products, programs, or personal recommendations with you from businesses we know and trust.

Always do your own due diligence and use your own judgment when making buying decisions and investments in your business.

We will maintain the information you send via email in accordance with applicable federal law.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT

We do not intentionally gather personal information from visitors who are under the age of 13.

CAN-SPAM COMPLIANCE

In compliance with the CAN-SPAM Act, all emails sent from our organization will clearly state who the email 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.

CHOICE/OPT OUT

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 email they receive from us at any time.

Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the email.

Notwithstanding the above, we may send periodic emails informing you of technical service issues related to a service you requested.

In addition, we reserve the right to contact you regarding changes to this Privacy Notice or any other policies or agreements relevant to your use of this Web site.

USE OF EXTERNAL LINKS

www.kathydigiacomo.com may contain links to many other websites. Kathy Di Giacomo Coaching cannot guarantee the accuracy of information found at any linked site. Links to or from external sites not owned or controlled by Kathy Di Giacomo Coaching do not constitute an endorsement by Kathy Di Giacomo Coaching or any of its employees of the sponsors of these sites or the products or information presented therein.

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

USE OF SERVICES

Kathy Di Giacomo Coaching does not allow its service to be used for illegal activities or activities that Kathy Di Giacomo Coaching deems improper for any reason whatsoever at its sole judgment. Kathy Di Giacomo Coaching reserves the right to take preventive or corrective actions to protect itself and its customers, subscribers, and users. Kathy Di Giacomo Coaching reserves the right to revise or make exceptions to this policy at any time in order to reflect changing customer and business needs. Kathy Di Giacomo Coaching reserves the right to refuse service to anyone or to refuse to perform any type of service, at any time. Known malicious or fraudulent use of the Services is not allowed.

Users must truthfully and accurately represent their identities in subscribing and using the Kathy Di Giacomo Coaching’s Services. User represents and warrants that it is truthfully representing its identity, and agrees to release and hold Kathy Di Giacomo Coaching harmless for any loss or damage to the User resulting from a false or inaccurate representation of identity. The User further agrees to indemnify Kathy Di Giacomo Coaching against any loss or damage caused to Kathy Di Giacomo Coaching resulting from fraudulent or malicious representations of identity made by the User to Kathy Di Giacomo Coaching.

DATA SECURITY

We have the highest commitment to data security. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

“COOKIE” POLICY

To help ensure we are publishing content users need and want, we collect aggregated site-visitation statistics using cookies. We do not track individuals’ use of the Website. When someone visits the Website, a cookie is placed on the visitor’s machine (if the visitor accepts cookies). If you choose not to have your browser accept cookies from our Website, you will not be able to subscribe to the service offerings on the Web site.

CHANGES TO THIS PRIVACY NOTICE

Because circumstances and technologies change, we reserve the right to change this Privacy Notice at any time by notifying you of the existence and location of the new or revised Privacy Notice or by posting the changes online on our Website.

WHO DO YOU CONTACT WITH QUESTIONS?

If you have any questions about this Privacy Notice please contact us via email at  kathy@kathydigiacomo.com

____________________________________________________________

Participation Agreement for Live Events, Webinar’s and Workshops

You, the Participant (the “Participant) of Kathy Di Giacomo’s Event, Webinar, Masterclass, and/or Workshop (the “Program) in-person or online (the “Venue”), hereby acknowledge that I have voluntarily chosen to participate in the Program.

In consideration of my participation in the Program, I represent, warrant, and agree, as follows:

You agree that your attendance at the Program is for the sole and exclusive benefit of your own personal and professional development, and you affirm that you freely and voluntarily choose to participate in the Program. No promises or warranties of any benefits or particular results have been made to me or have influenced me to enter into this agreement or participate in this Program. You shall comply with all Program and Venue rules and regulations, and will conduct myself in a manner that will not disrupt the smooth functioning of the Program.

You are presently in good mental and physical health. You understand that the Program is not a substitute for professional treatments of any kind. You agree that I shall, at my own expense, obtain any appropriate medical treatment that may be necessary while you are attending the Program. If Kathy Di Giacomo (“Leader”) or other staff assisting with the Program determine in their discretion that a medical emergency exists, I authorize them to obtain medical treatment for me at my expense.

You agree that the Program is an educational process and that maximum benefit is gained when participants freely and fully examine for themselves the ideas presented and evaluate these ideas in light of their understanding and experience.

You agree that the Leader offering the Program is an individual dedicated to benefiting the individual, society, and the world through their Program-related activities and that all of their resources and energy devoted to these activities are used to fulfill these valuable purposes. You agree to take full responsibility for your participation in the Program and the results arising from such participation. You agree not to bring any legal actions against the Leader or any affiliated organizations (collectively, the “Parties”) for any negligent or non-intentional acts or omissions, and you release the Parties, their agents and employees from all such claims and damages, and for all breaches of express and implied warranties. Any of the Parties shall be entitled to enforce this provision of the Agreement by injunctive relief as well as be entitled to any other legal or equitable remedy.

You represent that everything that you have expressed in this Agreement is accurate and true, and you agree to compensate and indemnify the Parties for any loss or damages from my breach of any other provisions of this Agreement.

Mediation and Arbitration: Should any issue or claim arise between the Parties, both agree to seek in good faith to resolve such issue or claim through negotiation using, if necessary, the assistance of a mutually agreed-upon third-party mediator. If such negotiations are not successful, any controversy or claim arising out of or relating to this Agreement or any breach or default under this Agreement, shall, with respect to all claims pertaining to such controversy, claim, breach, or default (except any action for equitable relief with respect thereto), be settled by arbitration in New London, Connecticut, United States of America, on a confidential basis, in accordance with the then-prevailing rules of government in The United States of America. The arbitrator shall have the discretion to determine the appropriate scope and schedule of discovery. The arbitrator shall not contravene or vary in any respect any of the terms or provisions of this Agreement. The award of the arbitrator shall be final and binding upon the parties hereto, and judgment upon any award rendered thereon may be entered and enforced in any court of competent jurisdiction. Neither this arbitration provision nor a pending arbitration shall prevent a party from seeking or obtaining injunctive relief or any matter at any time.

You agree that this Agreement can only be changed by a written modification signed by both parties. If any provision of this Agreement is found to be invalid, this shall not affect the validity of the remaining provisions. I hereby agree that I may not assign my rights and obligations under this Agreement to any party.

Your continued use of this website indicates that you have read and understood everything in this Agreement.

____________________________________________________________

Videography & Photography Release Agreement

You hereby expressly grant to Kathy Di iacomoCoaching, LLC and to its officers, employees, agents, and assignees the right to use photographs/video/audio impressions of me recorded by KathyDiGiacomoCoaching, LLC at the Event, Webinar, Masterclass and/or Workshop, and to use the photographs and video and my voice and picture, silhouette, and other reproductions of physical likeness and class-related work (including in any still image, videotaped image, DVDs and/or other analog or digital means), in connection with or as part of any presentation, program, publication, product, transmission or other professional endeavors. I understand that these images/sounds may be used for commercial, educational or promotional purposes.

You waive all rights of copyright or ownership in or to the resulting commercial or educational and informational materials in which I appear, and acknowledge no monetary or other compensation is provided in exchange for waiving this right.

Copyright Notice: The materials and resources used in this program are the property of KathyDiGiacomoCoaching, LLC No part of any documents received can be stored, reproduced or transmitted in any form or by any means (electronic, photographic or mechanical), recorded, translated or used to produce any derivative works without explicit permission from KathyDiGiacomoCoaching, LLC.

Your continued use of this website indicates that you have read the foregoing and understand the meaning and effect thereof, and intend to be legally bound by this agreement.