Terms of Service

Last Modified Date: June 21, 2023

OVERVIEW
These Terms of Services (these “Terms”) form a legally binding agreement between you (“you” and “your”) and IAMICANIWILLIDO (“IAMICANIWILLIDO,” “we,” “us,” and “our”) (each, a “Party” and collectively, the “Parties”). These terms govern your use of christinedercole.com and iamicaniwillido.com (collectively, the “Site”) and any forms, reports, content, Wordshops™, events or services available therein or as may be further described by these Terms (collectively, the “Services"). 

Please read these Terms carefully before accessing or using the Services. Use of the Services is limited to persons 16 years of age or older. (Persons under the age of 16 may require the consent of a parent or legal guardian in order to access or use the Site or its Services.) Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree or cannot comply with any of these Terms, then you may not access the Site or use any of the Services. 

OUR CONTENT CONTAINED ON AND WITHIN THE SERVICES (INCLUDING TEXT, IMAGES, LINKS, RESOURCES, AND BLOG POSTS) ARE FOR INFORMATIONAL, MOTIVATIONAL, AND EDUCATIONAL PURPOSES ONLY. NOTHING ON THIS SITE OR SERVICES OR EVENTS SHOULD BE CONSTRUED AS PSYCHOTHERAPEUTIC, LEGAL, FINANCIAL, TAX, MEDICAL, OR ANY OTHER KIND OF PROFESSIONAL ADVICE. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, COUNSELING, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PSYCHIATRIST, OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE OR HEARD ON OR IN THE SERVICES AND EVENTS. WE DO NOT WARRANT THAT THE SITE OR ITS CONTENTS WILL BE ERROR-FREE, ACCURATE, TIMELY, OR RELIABLE, ALTHOUGH EFFORTS WILL BE MADE TO CORRECT ERRORS WHEN FOUND. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICES AND EVENTS IS SOLELY AT YOUR OWN RISK.  

SECTION 1 - LICENSE
The Site, including any Services and any information, content, or other material available through the Site (collectively, “Content”), is licensed, not sold, to you. Subject to your compliance with these Terms, IAMICANIWILLIDO hereby grants you a limited, non-transferable, non-sublicensable, non-assignable, revocable license to access and make personal use of the Services. Any unauthorized use or use otherwise not in compliance with these Terms will result in immediate termination of the license rights granted herein. All rights not expressly granted by these Terms are reserved by IAMICANIWILLIDO. There are no implied rights.

SECTION 2 - OWNERSHIP 

Unless otherwise expressly stated, the Site and all content appearing therein (including the compilation, collection, arrangement, placement, and assembly of all content) is the copyrighted work of the IAMICANIWILLIDO and/or its third-party content providers and is protected by U.S. and international copyright laws. Any unauthorized use of any content may violate copyright laws, trademark laws, laws of privacy and/or publicity, and any other Applicable Laws. IAMICANIWILLIDO does not represent or warrant that your use of any content or the Services will not infringe upon the rights of any third-party.

SECTION 3 - PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our products and the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or any of the Services, including but not limited to events.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site or Services following the posting of any changes constitutes acceptance of those changes.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 4 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 5 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION 6 - THIRD-PARTY LINKS
Certain content, products and services available via the Site and Services may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 8 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. You agree that any information provided by you is accurate, current, and complete and will be kept accurate, current, and complete when using the Services. You acknowledge that any outdated, incomplete, or inaccurate information provided by you may adversely affect the performance of the Services. IAMICANIWILLIDO may suspend, revoke, or terminate your access to the Services for any reason or no reason at any time in the IAMICANIWILLIDO’s sole discretion without prior notice to you.

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 – REPRESENTATIONS AND DISCLAIMER OF WARRANTIES
Your Representations. You represent, warrant, and covenant (as applicable) that your use of the Site, the Services, and any Content available therein will comply with all applicable laws.

No Warranty; Medical Advice. Any output, content, information, data, or suggestions generated by the Services are not and should not be considered medical or therapeutic advice. The Services are not intended or implied to be a substitute for professional medical advice, diagnosis, or treatment. Any use of the Services is entirely at your own risk. IAMICANIWILLIDO does not assume any responsibility for the actions of any provider of arts interventions that may be recommended or referred to through the Services. 

No Warranty; Accuracy. We do not warrant that the results that may be obtained from the use of the Services will be accurate, error-free, reliable, or uninterrupted. We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.

No Warranty; Historical Information. The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

No Warranty; Quality of Products. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

No Warranty; Performance of the Services. You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Site  are (except as expressly stated by us) provided 'as is,’ ‘where is,’ and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, or the availability, functionality, performance, loss of data or results of use of the Services.

SECTION 12 – REPRESENTATIONS AND DISCLAIMER OF WARRANTIES

EXCEPT WITH RESPECT TO: (A) YOUR INDEMNIFICATION OBLIGATIONS AS SET OUT IN SECTION 13; OR (B) DAMAGES ARISING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, ANY COSTS OR EXPENSES IN CONNECTION WITH THE SERVICES, INCLUDING ANY EVENTS, ANY CONTENT ON THE SITE OR SERVICES, REPLACEMENT OF ANY PRODUCTS OR SERVICES BOUGHT OR SOLD THROUGH THE SITE, OR ANY OTHER LOSSES, LOST PROFITS, LOSS OF DATA, OR OPPORTUNITY COSTS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL IAMICANIWILLIDO BE LIABLE TO YOU FOR ANY AMOUNTS IN EXCESS OF $50. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT (I.E., THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless IAMICANIWILLIDO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 - TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the  Services, or when you cease using the Site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Services (or any part thereof).

SECTION 15 – Miscellaneous
Refusal of Service. We reserve the right to refuse service to anyone for any reason at any time.

Survivorship. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. The terms which by their nature are intended to survive termination or expiration of these Terms shall survive any such termination and expiration.

Transfer of Information. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Headings. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Governing Law. These Terms and any separate agreements whereby we provide you the Services shall be governed by and construed in accordance with the laws of the State of New York. 

Entire Agreement. These Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A Party’s neglect or failure in any case or circumstance to require performance of another Party’s obligations or to enforce its rights in the event of a breach by the other Party will not affect such Party’s right to enforce such rights and obligations in any other case or circumstance. A waiver of any individual term or condition will not be construed as a waiver of any other term or condition nor, unless so provided in such written waiver, of the term or condition thereby waived in the event of a future or continuing breach by the other Party, except in the particular circumstances in or for which such waiver was provided.

Ambiguities. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Modifications. These Terms may be amended, modified, or otherwise changed by IAMICANIWILLIDO at any time without notice to you.

Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Assignment. No Party may assign its rights or delegate its obligations under these Terms without the prior written consent of the other Party, and any attempted assignment or delegation without such consent will be void and of no effect.