TERMS & CONDITIONS

This page contains our Terms & Conditions, including our Privacy Policy.

Welcome to “The Website”

Welcome to the Practice Smarts “Articles” site (www.articles.practice-smarts.com) and all other websites, digital properties and social media operated by Practice Smarts and/or Deborah Schatten, including but not limited to:

• www.practice-smarts.com
• www.intuitivepartner.com
• Newsletter mailings
• Social media posts and comments
• LinkedIn profile, posts and comments
• Cal.com calendar
• Third-party payment accounts
• Other digital content used to conduct our business

For purposes of this document and the Terms & Conditions and Privacy Policy herein, the items detailed above in the bulleted list and articles.practice-smarts.com will be collectively referred to as “The Website”.

Agreement to Terms & Conditions

Please review our Terms & Conditions below carefully.

By using The Website (including the digital assets, services and communications detailed in the section above), you are indicating that you accept the Terms & Conditions below and agree to abide by them.

If you do not agree to any of the Terms & Conditions or the Privacy Policy below, please do not access or use our websites, digital media, social media an/or any of our other digital content.

Terms & Conditions

Restrictions on Use of Our Intellectual Property

All content on The Website, including but not limited to articles, stories, audios, videos, headlines, section names, logos, look and feel, mastheads, photos and other design components, is our intellectual property, with the exception of those provided by a third-party, including but not limited to: content related to our WordPress themes and plug-ins, photos provided by photographers or photography sites for free use, images credited to outside sources, Canva-provided design elements for members, or links to content from outside sources.

You cannot use any of The Website materials or content without explicit written permission, which you can request by writing to: info (at) practice-smarts (dot) com . This restriction on use of The Website materials or content extends to printing, copying or downloading of any content from the site. In the incidence of a breach of this provision, you agree that we are entitled to immediate injunctive relief and monetary reimbursement for business, income and/or reputation damages, including legal fees, to the full extent of applicable law.

All rights to the The Website content are reserved and protected under U.S. and international copyright laws.

Requesting to Link to The Website

You may request to link to the home page or any other page of The Website, and you must have our prior written permission before linking. You can make such requests to info (at) practice-smarts (dot) com .

Your link to our site must be for fair and legal uses that maintain our good reputation and not exploit The Website or any of our business activities or reputation. You also must be the owner of any website that you ask for approval to link to ours. Additionally, any link to our website must not suggest an endorsement or association that does not exist.

We reserve the right to withdraw our permission to link to The Website without notice.

Requests Related to Your Intellectual Property

If you are the owner of an image provided for free use, and/or that appeared to be for free use and/or has been credited to you by The Website (meaning an image that is your intellectual property), and you wish to have the image removed from The Website: Please contact info (at) practice-smarts (dot) com .

Links from The Website to Other Sites

Links from The Website to other sites are for information only. By using The Website, you agree that these links and the content on third-party web pages is not under our control. We therefore assume no responsibility for their accuracy, your use of these sites or pages, or for any loss or damage that may arise from your interactions with the linked sites or pages.

Access to The Website

We may withdraw anyone’s right to use The Website or change the site without notice. We are not liable if The Website, or parts of The Website are unavailable, for any reason, for any period of time.

You are responsible for your access to and use of The Website, and that all persons who access The Website through any of your devices or internet connections are aware of The Website Terms & Conditions and Privacy Policy, and comply with both.

Disclaimer of Warranties & Limitation of Liability

By using The Website, you agree that your access and use of The Website and its content is at your own risk.

All content on The Website is provided “as is” with no guarantees. There are no actual or implied warranties as to The Website content accuracy, suitability for a particular purpose, security, completeness or relevance.

When using or referencing The Website, you agree to not rely on information or advice posted on The Website, and to take personal, business, employment, medical and legal and all other responsibility for your interpretation and/or use of any information posted on The Website. This also applies to such responsibilities for any information you read on The Website that you share with others.

The Website and its contents are not to be used as substitutes for professional, psychological, medical, employer, or veterinary advice. You are responsible for seeking and following the advice and treatment of licensed professionals and/or your employer in situations where this is warranted. You should not delay seeking advice or treatment from the appropriate parties because of content provided in The Website.

Practice Smarts, Deborah Schatten, and all related entities disclaim all liability and responsibility arising from your reliance on content on our site, or reliance by anyone who is informed of The Website content by you, including but not limited to your clients or prospective clients, your employees, your business associates, your friends and family members, your social network, or the general public.

You acknowledge that you have read and completely understand that the above information is a full release of our liability. Further, you agree to release and discharge all “Indemnified Parties” (as referenced in the “Indemnification” section below) from any and all claims or causes of actions. Additionally, you agree to voluntarily forego and forever waive and release any right to legal action against any Indemnified Parties.

By use of The Website, you also agree that under no circumstances (including negligence) will Practice Smarts and/or Deborah Schatten be liable to you or any third-party for any loss or damage suffered from your use of, or inability to use The Website; such loss or damage can include, but is not limited to direct or indirect loss or damages, financial/profit loss, personal injury or death (or people or animals), damage to reputation, and/or or property damage. Additionally, notwithstanding anything to the contrary previously stated, our total liability for any damages, losses or expenses you incur (including attorney fees), will be the lesser of the amount paid, if any, for The Website services (not Practice Smart’s or Deborah Schatten’s in-person or online professional training services) or $20.

The disclaimers in this section, and the limitations and exclusions expressed apply to the maximum extent allowed by law. For reference, The Website is based in the United States.

Indemnification

By your use of The Website, you agree to fully indemnify and hold harmless all “Indemnified Parties” (including Practice Smarts, Deborah Schatten and any and all agents and representatives, strategic advisors and business partners) against all claims, losses, damages, liabilities, settlement and attorney fees, arising out of a breach of these Terms & Conditions. Further, you will cooperate with us, without charge, in defending any claim, such as in providing requested information, documentation or records. In the event of a claim subject to indemnification by you, we will have the right to employ separate counsel and to exclusively defend the claim and control its settlement and disposition.

Governing Law & Arbitration

This agreement and any related actions are governed under the laws of the State of California.

In the unlikely event of a dispute relating to this agreement and its Terms & Conditions and Privacy Policy, and/or The Website, all parties agree to first submit the matter to mediation in Santa Monica, California, to be handled by a mutually selected, neutral, qualified third-party mediator or attorney. Such mediation will take place within 45 days of the request to mediate. Mediation can be in-person, online or by telephone. If mediation does not resolve the issue, either party can request resolution by confidential binding arbitration under the FAA (Federal Arbitration Act) in Santa Monica, California or within 15 miles of Santa Monica, California. If both parties agree to arbitration, both parties waive the right to litigate the claim in court and/or by jury trial, and the right to appeal may be limited under the FAA. However, Practice Smarts or Deborah Schatten may litigate in court seeking injunctive relief.

You also agree to a class-action lawsuit waiver, that any legal claims pursued by you will only be in an individual capacity, and you will not pursue such claims as a member or plaintiff in a class action lawsuit.

Prohibited Uses of The Website

The Website must only be used in lawful ways. You cannot use The Website in any way that:

• Is fraudulent or unlawful, or has the intention be fraudulent or unlawful
• Breaches any applicable law
• Knowingly transmits, sends, downloads or uploads anything that will detrimentally affect the operation of any digital device, including but not limited to spyware, adware, harmful computer code or programs, viruses, spyware, worms, DoS attacks, or DDoS attacks.
• Harms or attempts to harm people of any age, including children and teenagers
• Is used to send spam or to procure information, including personal information, to be used for spam, which is unsolicited and/or unauthorized advertising and/or solicitations.

Further, you agree not to reproduce, sell, or duplicate any portion or page of The Website or the entirety of The Website, for any purpose whatsoever without our explicit written permission. Additionally, you agree not to interfere with any software, WordPress themes, internet connections, servers or networks used in conjunction with The Website, whether these are provided by us or used, subscribed to or acquired from a third-party.

Updates to The Website & Out-of-Date Content

We regularly update The Website, and if needed, we may suspend site access or close it. If material on our site becomes out of date, we have no obligation to update it.

Changes to Terms & Conditions

We may occasionally make changes to these Terms & Conditions. It is your responsibility to periodically review this page for changes, as they are binding for you.  Additionally, notices, terms and conditions cited in The Website may supersede those in the Terms & Conditions.

This agreement and any related actions are governed under the laws of the State of California.

Contacting Us

To contact us for any reason regarding The Website, the Terms & Conditions or the Privacy Policy, please access a contact form via one of our websites, or write to info (at) practice-smarts (dot) com.

Privacy Policy

This privacy policy explains how The Website collects and processes your personal data.

How You Provide Data to Us

You may provide the following data to us in an offline or offline form, or through email, texting, conversation, phone call, or other types of direct communication:

• Your name
• Your employer
• Your position
• Your email
• Your phone number/s
• Any data you post to The Website, such as in a comment section
• Testimonial content from you, provided in writing, verbally, in audio recording, or on video
• Technical data: Including your site visit length, number of visits, time zone, page views, navigation path, IP address, device type, browser, or other information from cookies
• Marketing preferences
• Signups for free tools or newsletters
• Requests for consultations
• Information from purchases of services or products
• Credit information, if relevant, from third parties
• Meeting requests
• Information provided in any of our forms including but not limited to contact forms, subscription forms, advice requests, situation explanations, waitlist signups, survey responses, feedback forms, etc.

We may use your data to:

• Reply to your messages
• Contact you at provided email addresses or phone numbers
• Send newsletters you’ve requested
• Communicate about services or workshops under discussion
• Process financial transactions for services
• Send newsletters that include “unsubscribe” option
• Personalize your experience with The Website
• Invite you to polls, surveys or to provide your opinion
• Notify you of events that may be of interest
• Analyze use of online services
• Store records of communications, events attended and forms completed
• Serve up relevant content or advertisements and analyze effectiveness
• Run our business and collect on monetary obligations
• Comply with legal obligations

How The Website Collects Data

Some of The Website tracks visitor activity with Independent Analytics.

The Website may also use cookies or similar technologies.

MailerLite, our newsletter and forms provider, may also provide statistical or tracking data or inputs from forms filled out or buttons clicked.

Additionally, third-party sites may provide visitor and post-tracking data to us as part of their services, such as LinkedIn does.

Parties to Which Your Data May Be Disclosed

Following are parties to which your data may be disclosed, in order to run our business and/or to comply with legal requirements:

• Government organizations that require reporting of data
• Law enforcement, to comply with governing law
• Fraud prevention companies
• Government organizations that require reporting of data
• Legal and financial advisors (e.g., lawyers, bankers, accountants, etc.)
• Business partners who agree to anonymize data (e.g., market research or analytics partners)
• Third-parties that we are selling transferring or merging all of part of our business with, who can only receive data for specific reasons, approved by us, and will be required to respect your data security and adhere to applicable laws.

Our business is based in the United States and runs on technology from American companies that may also do business internationally or store data in other countries.

We are committed to keeping your data as secure as possible. It will only be shared with employees and partners on a need-to-know basis, and they will have specific instructions for the data’s use and will be required to keep it confidential. We will notify you and the relevant regulators if we are legally required to, if there is ever a data breach.

Data Retention

We will only retain your data as long as it is being put to business, legal or accounting use, and securely destroy it when it is no longer in use. If you have paid transactions with us, we may securely store data related to it for several years, to have access to the transaction data for tax reporting or regulatory purposes.

We may periodically make changes to our privacy policy. It is your responsibility to periodically review this page for changes.  Additionally, privacy terms cited in The Website may supersede those in the Privacy Policy.