Terms of Service

Introduction

Welcome to rogerburnley.com (the "Website"), a service provided by The Burnley Method ("Company," "we," "us," or "our"). By accessing and using our Website, you ("you," "user," or "visitor") agree to comply with and be bound by the following terms and conditions (the "Terms").

Please read these Terms carefully. If you do not agree with these Terms, you should immediately cease use of the Website and any services provided by the Company.

We reserve the right to modify these Terms at any time without prior notice to you. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, which explains how we collect, use, and share your personal information, is incorporated into these Terms. By using our Website, you agree that we can use your information in accordance with our Privacy Policy.

User Information Collection

We collect various types of information from our users for the purpose of providing and improving our services. This information includes, but is not limited to:

1. Personal Information: We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and services, participate in activities on the Website, or otherwise contact us. The personal information we collect can include your name, email address, phone number, and other information you choose to provide.
2. Usage Data: We may also collect information on how the Website is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.
3. Cookies and Tracking Technologies: We use cookies and similar tracking technologies to track the activity on our Website and hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website.

Please refer to our Privacy Policy for more detailed information on how we handle your data.

User Obligations

You must be at least 18 years old to use our Website or have permission from a legal guardian. By using our Website, you affirm that you are at least 18 years old.

You agree to use our Website only for lawful purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Website by any third party. Prohibited behavior includes but is not limited to harassment, causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Website. Please refer to our Privacy Policy for a list of prohibited behaviors.

User Content

1. Responsibility for User Content: You are solely responsible for all content, including, without limitation, text, photos, and other materials (collectively, "User Content") that you upload, post, publish, or display (hereinafter, "post") on or through the website, or transmit to or share with other users.
2. Ownership of User Content: You represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
3. License to User Content: By posting any User Content on the website, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the website and our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels.
4. Prohibited Content: You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
5. Review of User Content: We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the User Content section of these Terms of Service or any other provision of these Terms or otherwise create liability for us or any other person.

Account Suspension or Termination

We reserve the right to suspend or terminate your account or cease providing you with all or part of the services at any time for any or no reason, including, but not limited to:

1. Violation of these Terms: If we believe you have violated the letter or spirit of these Terms of Service or pose an unacceptable risk to our community or our services.
2. Violation of Law: If we believe you have violated the law, including infringing the intellectual property rights of others.
3. Inactivity: If your account has been inactive for an extended period of time, we may suspend or terminate your account to ensure the security and efficient operation of our services.
   
   

If we suspend or terminate your account, we will make reasonable efforts to notify you through the email address associated with your account or the next time you attempt to access your account, unless we believe you have violated the law or pose a safety or security risk to any person or our services.

Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease. We will not be liable to you or any third party for suspension or termination of your account or access to our services. If your account is terminated, you are not entitled to a restoration of your account or any of your User Content.

Intellectual Property Rights

1. Ownership of Intellectual Property: All content, features, and functionality on the website, including text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, and the design, selection, and arrangement thereof, are the exclusive property of the company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. License to Use: These Terms of Service permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as generally and ordinarily permitted through the website according to these Terms of Service.
3. Prohibited Uses: You must not access or use for any commercial purposes any part of the website or any services or materials available through the website.
4. User Content: By posting any User Content on the website, you grant us a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
5. Infringement: If you believe that any User Content or other material on the website infringes upon any copyright you own or control, you may file a notification of such infringement with our legal department as set forth under the "Contact Information" section.

Disclaimers

• "As Is" Basis: Our Website and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. We do not guarantee that the website will be error-free, or that the website and its servers are free of computer viruses or other harmful mechanisms.
• Not a Healthcare Provider: The Company is a distributor of content supplied by third parties and users of the website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and not of the Company. The Company is a life coaching service and not a healthcare provider, and our services are not intended as medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
• No Endorsement: Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Company.
• No Liability: In no event shall the Company be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the website or with the delay or inability to use the website, or for any information, products, and services obtained through the website, or otherwise arising out of the use of the website.
• Third-Party Websites: The website may contain links to other websites. The Company is not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us.

Limitation of Liability

1. General: In no event will the Company, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
2. No Medical Liability: The Company is a life coaching service and not a healthcare provider, and our services are not intended as medical advice. The Company, its team members, and affiliates hold no liability for users' actions and mental health. Our website and services are not a replacement for professional clinical mental health therapy. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
3. User Responsibility: You agree to defend, indemnify and hold harmless the Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password, or b) a breach of these Terms.

Dispute Resolution

1. Governing Law: These Terms of Service and any dispute that might arise between you and the company, its affiliates or subsidiaries, shall be governed by and construed in accordance with the laws of the state where the company is headquartered, without regard to its conflict of law provisions.
2. Informal Resolution: Before filing a claim against the company, you agree to try to resolve the dispute informally by contacting us first. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days of submission, you or the company may bring a formal proceeding.
3. Arbitration Agreement: You and the company agree to resolve any claims relating to these Terms or the services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
4. Exceptions to Agreement to Arbitrate: Either you or the company may assert claims, if they qualify, in small claims court. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
5. No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

Governing Law

1. General: These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the United States without giving effect to any choice or conflict of law provision or rule.
2. International Users: The Website is controlled, operated, and administered by the Company from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company's content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
3. GDPR Compliance: If you are a resident of the European Economic Area (EEA), you have certain data protection rights under the General Data Protection Regulation (GDPR). We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
4. Dispute Resolution: Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Modification of Terms

1. Right to Modify: We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Changes will be effective immediately upon posting of the updated Terms on our Website.
2. Notice of Changes: While we will do our best to notify you of any changes to these Terms, it is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.
3. Acceptance of Changes: Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. If you do not agree to the new terms, please stop using the Website.

Contact Us

If you have any questions about these Terms, please contact us at info@rogerburnley.com.