Terms & Conditions

** INTRODUCTION

Welcome to Duquesa D. Dean, namely www.duquesadean.com (the “Website“). The Website is owned and operated by Duquesa D. Dean.

By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of my current or future services, you will also be subject to my guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.

The Terms of Use include my Privacy Policy and my Copyright Infringement notice, which also oversee your visit to the Website.

** REFUNDS

Published Book purchases, Coaching, Seminars & Event Bookings, Subscription Services, and Online Trainings are considered confirmed at the time of purchase.

All purchases for non-digital services are considered final. There are exceptions to the aforementioned. Note the following:

All purchases for published books are final.

All sales for subscription services and online training are considered final. Please send me a written request for cancellation of subscription services if the purchase was made in error immediately upon noticing the occurrence.

Refunds for purchases made for upcoming Events or Seminars can be reimbursed to purchaser if the request is made 15 days prior to the event or seminar. Once the 15-day limit for refund request has been breached note that a cash refund will not be honored, however, we will apply a credit to your account for future event or seminar booking. All requests for refunds must be made solely in writing and directed to Duquesa D. Dean for processing. You can utilize the “Contact” page within the website for assistance.

** USE OF THE WEBSITE BY MINORS

Use of this Website is restricted to only those who are 18 years of age or older. By using this Website, you represent and warrant you are of legal age and defined as an adult in accordance with the laws of the locale, state, region, province, and country in which you reside. If you are not of at least 18 years of age or of legal age as defined in your location, you must exit now before using this Website.

I may sell products for children, but sell them only to adults who can purchase with a credit card or other permitted payment method. I reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in my sole discretion.

Please also review Children’s Privacy under my Privacy Policy.


** CONSIDERATION

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.


** RESTRICTIONS ON USE; LIMITED LICENSE

All content contained on the Website (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is my property or the property of my licensors or licensees, and the compilation of the Content on the Website is my exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is my property or the property of my software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to me or my licensors or licensees. My Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits me or anyone else. All other Marks not owned by me that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by me.

I grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by me may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that I make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of my products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without my and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to my home page provided that the link does not portray me or my licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of my or any such party’s intellectual property as part of the link without my and each such party’s express written consent.

** USE AND PROTECTION OF PASSWORD AND ID.

Each user who uses their password and ID shall be deemed to be authorized by you to access and use the Duquesa D. Dean Website, and Duquesa D. Dean shall have no obligation to investigate the authorization or source of any such access or use. You acknowledge and agree that as between you and Duquesa d. Dean, you will be solely responsible for all access to and use of the website by anyone using the password and id assigned to you whether or not such access to and use of the website is actually authorized by you, including all communications and transmissions and all obligations (including financial obligations for purchases through the website) that may result from such access or use.

You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You agree not to share your account ID and password with anyone else.

You shall immediately notify Duquesa D. Dean of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.

** SYSTEM REQUIREMENTS

Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). Duquesa D. Dean may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.

** SUBMISSIONS

You may post reviews, comments, photographs, and other content; send communications to other site “users”; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. I reserve the right (but not the obligation) to remove or edit any such content, but I do not regularly review posted content.

Please do not send me any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to me hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to me, intentionally or unintentionally, I (and such others as I may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. I and my designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, except as otherwise set forth herein regarding idea submissions, you hereby unconditionally grant to me a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by me. If you submit any suggestions or ideas to me for how I may improve my products and services, you agree and understand that in addition to the rights granted herein regarding User-Generated Content, that I shall also fully own any such ideas and suggestions (instead of just having a license to them), without any compensation owed to you.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to me; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, my Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify me and my affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. I have the right (but no obligation) to monitor, edit or remove any activity or content involving you. I have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that User-Generated Content will not be subject to any expectation of trust or confidence between me and that no confidential or fiduciary relationship is intended or created between you and me. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by me, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.

Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

** CONTENT LINKED TO OR FROM THE WEBSITE

You should be aware that when you visit the Website, you could be directed to other sites beyond my control including links to or from affiliates and content partners that may use my Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by me and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that I am not responsible for examining or evaluating, and that I do not warrant the offerings of, any such third party or the content of their sites. I do not assume any responsibility or liability for the actions, products, or content of any third party or any third-party site. I reserve the right to disable links from or to third-party sites.

** CONTACTING DUQUESA D. DEAN

If you need to contact me, you can email me at duquesa@duquesadean.com, call me at (242) 424-6012.


** DISCLAIMER OF WARRANTIES – WAIVER AND RELEASE.

The content on the website is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, I disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. I do not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. I make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the website including, without limitation, any third-party site or service linked to from the website (and specifically no representation or warranty of correctness, accuracy, completeness, reliability or safety).

I explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the website. I cannot ensure that you will be satisfied with any product or service that you purchase from a third-party website that links to or from the website or third-party information, content or materials contained on my website. I do not endorse any of the merchandise, nor have I taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party website. I do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against me with respect to information, content and materials contained on the website (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to or through any such third-party sites (including, without limitation, credit card and other personal information).

The website and products/services contained thereon are not substitutes for the advice and treatment of a licensed professional. Not all products and services are suited for everyone. The creators of any products/services do not assume, and shall not have, any liability to users for injury or loss in connection therewith. I make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the website. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician or other health professional. Never disregard the medical advice of a psychologist, physician or other health professional, or delay in seeking such advice, because of the information offered or provided within or through the website.

You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined below) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

** INDEMNIFICATION

You hereby agree to indemnify, defend, and hold me, and my licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with me in the defense of any claim. I reserve the right, at my own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

** LIMITATION OF LIABILITY

Under no circumstances (including negligence) shall I be liable to you or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from: (a) the use of, or any inability to use, the website or any content or functions thereof; or (b) any act or omission, online or offline, of any user of the website or anyone else, even if I have been advised of the possibility of such damages. In no event shall my total liability to you for all loss, cost, damage, liability or expense (including attorneys fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to the website or $100.00.

Under no circumstances shall I or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond my or their control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Neither I nor any other indemnified party is responsible or liable for: (a) any incompatibility between the website and any site, service, software or hardware; or (b) any delay or failure you may experience with any transmission or transaction related to the website.

The limitations, exclusions and disclaimers herein and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

Applicable law may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these terms of use, so such exclusions, limitations or disclaimers may not apply to you.

** COPYRIGHT COMPLAINTS

I respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow my Notice and Procedure for Making Claims of Copyright Infringement.

** AMENDMENT

I reserve the right to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

** TERMINATION

These Terms of Use are effective until terminated by either you or me. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify me by sending notice of such termination either in writing or via email.

I may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in my sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. I have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.

Notice: to the fullest extent permitted by law, by using the website you are agreeing to have any dispute arising out of the matters included in this “applicable law and mandatory arbitration” provision decided by neutral arbitration and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. You are giving up your judicial rights to discovery and appeal, unless those rights are specifically included in the “applicable law and mandatory arbitration” provision. If you refuse to submit to arbitration after agreeing to this provision you may be compelled to arbitrate anyhow pursuant to a court order. Your agreement to this applicable law and disputes provision is voluntary. If you do not wish to agree to arbitration, then you may not use this website.

** ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to me, you are communicating with me electronically. You consent to receive communications from me electronically. I will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that I provide to you electronically satisfy any legal requirement that such communications be in writing.

** MISCELLANEOUS LEGAL PROVISIONS

I may discontinue the Website at any time and for any reason, without notice. I may change the contents, operation, or features of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and me as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of my right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by me with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

My failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of my right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use constitute the entire agreement between you and me regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.