Terms and Conditions

MaxineDrake.com is owned and operated by Maxine Drake Consulting

By visiting our website you are consenting to our Terms & Conditions.

Overview

The terms “we,” “us,” and “our” refer to Maxine Drake Consulting and all products and services powered by us. The term the “Site” refers to MaxineDrake.com. The terms “User,” “You,” and “Your” refer to site visitors, customers, and any other users of the site. MaxineDrake.com provides articles and information about marketing, social media and web design as well as offering custom assessment services for sale, referred to as the “Service”.

Use of MaxineDrake.com, including all materials presented herein and all online services provided by Maxine Drake Consulting are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Site + Service

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site or purchasing the Service.

Information provided on the Site and in the Service are subject to change. Maxine Drake Consulting makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Maxine Drake Consulting disclaims all liability for any inaccuracy, error or incompleteness in the Content.

Account Creation

In order to use the Service, you may be required to provide various information about yourself including your name, email address and other personal information. You agree that any information you give to Maxine Drake Consulting will always be accurate, correct and up to date. You must not impersonate someone else or provide account information, an email address or any other information that is not your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. Maxine Drake Consulting reserves the right to cancel your participation in the Service without refund, if you provide false information to Maxine Drake Consulting

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Refusal of Service

The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until written confirmation stating our acceptance is provided to you. Deposit payments will be refunded to any party who is denied Service. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your order.

Order Confirmation

We will email you twice after your order is placed. The first email is to confirm the placement of your order and the second email is to confirm the processing of your payment and provide you with an estimate of delivery time. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Payment Terms

You agree to pay the fees for the Services identified by Maxine Drake Consulting, including without limitation on documentation (including documentation provided via email) provided by Maxine Drake Consulting from time to time in connection with your purchase thereof and/or as set forth on Maxine Drake Consulting at http://MaxineDrake.com/products, which fees are subject to change by the Company at any time in its sole discretion. You are responsible for all charges related to accessing the applicable Services, including all telephone and Internet access charges. Maxine Drake Consulting does not offer refunds for assessment services.

Service Description

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.

Materials You Submit to the Site

You shall not upload, post or otherwise make available on the Site or via email any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

Intellectual Property Rights to Your Materials

We claim no intellectual property rights over the Materials you supply to Maxine Drake Consulting You retain copyright and any other rights you may rightfully hold in any content which you submit through the Service. Content you submit to Maxine Drake Consulting remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant Maxine Drake Consulting a worldwide, nonexclusive, irrevocable license to display the Materials you supply to Maxine Drake Consulting for business development and marketing purposes only. By visiting the site, you agree to hold Maxine Drake Consulting harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

Our Intellectual Property

The Site and Service contain intellectual property owned by Maxine Drake Consulting including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Maxine Drake Consulting is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Maxine Drake Consulting has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Maxine Drake Consulting’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Maxine Drake Consulting, and if no purchase has been made by you Maxine Drake Consulting’s cumulative liability to you shall not exceed $100.

Third Party Resources

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Maxine Drake Consulting You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and Maxine Drake Consulting pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Maxine Drake Consulting shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Maxine Drake Consulting

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Maxine Drake Consulting

3054 Ala Poha Place, Suite 1610

Honolulu, Hawaii  96818

 

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Hawaii as applied to contracts that are executed and performed entirely in Hawaii. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Hawaii. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you, accept upon approval by Maxine Drake Consulting Any transfer, assignment, delegation or sublicense by you is invalid.

Updated: December 2016