Last updated: May 2018

Sundae Schneider-Bean, LLC’s IT-Platforms and Terms of Use

1. In the present terms of use (“Terms of Use“), Sundae Schneider-Bean GmbH (Sundae Schneider-Bean LLC,) a Swiss-based company with registered seat at Birkenweg 26, 3293 Dotzigen, Switzerland, (“Sundae Schneider-Bean“).
2. Sundae Schneider-Bean’s websites (including blog and podcast websites) and mobile applications (collectively the “IT-Platforms”) are owned and edited by Sundae Schneider-Bean and use thereof is governed by these Terms of Use.
3. Please take the time to read these Terms of Use carefully before using the IT-Platforms. By accessing, browsing and using the IT-Platforms, you agree to comply with and be bound by these Terms of Use. If you disagree with any provisions of these Terms of Use, then you are not allowed to continue using the IT-Platforms.
4. Sundae Schneider-Bean may from time to time modify and/or remove parts or all of the Terms of Use at its sole discretion. The new dated version of the Terms of Use takes effect as soon as it is published on the IT-Platforms. By continuing to use the IT-Platforms, you agree to be bound by the terms of these updates and amendments.
5. Hosting services for our website is provided by Bluehost, a web hosting company owned by Endurance International Group. Mobile applications may be hosted by us or by other companies and you should consult relevant conditions of such other company.

Intellectual Property

6. Unless otherwise stated, you should assume that everything that you see or read on the IT-Platforms (such as without limitation all texts, graphics, images, photographs, including any person represented in the photographs, illustrations, icons, video clips, music, written and other materials) (the “IT-Platforms Content“) is protected worldwide by legislation such as copyright, designs, trademark or other intellectual property legislation.
7. In particular, all trademarks that appear on the IT-Platforms are registered, unregistered or otherwise protected by Sundae Schneider-Bean trademarks or are licensed for use of Sundae Schneider-Bean by third parties. Also, as a general rule, all IT-Platforms Content on the IT-Platforms are either Copyright © Sundae Schneider-Bean or are licensed for use by Sundae Schneider-Bean.
8. Unless otherwise provided herein, nothing contained on the IT-Platforms should be construed as granting any licence or right to use any IT-Platforms Content without Sundae Schneider-Bean’s prior written consent or that of such third party who owns the IT-Platforms Content.
9. Misuse of any IT-Platforms Content, except as provided herein, is strictly prohibited.

Use of IT-Platforms Content

10. The IT-Platform Content is presented to you for your personal use only. You may download a copy or print a copy of the material made available to you via the IT-Platforms for your own non-commercial use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are retained intact on the copy and are not changed or modified.
11. Any other use of the IT-Platform Content, including without limitation reproduction for public or commercial purposes, modification, publication, distribution, transmission, creation of derivative or second hand works, display or communication on any other IT-Platform is prohibited. Any unauthorised use of the IT-Platform Content may infringe intellectual property laws, the laws of privacy and publicity, and communications regulations and statutes.

Products’ Availability (Program Materials, Videos, etc.)

12. The products (Program Materials, Videos, etc.) featured on the IT-Platforms are representative of Sundae Schneider-Bean’s collection. However, it might be that not all Sundae Schneider-Bean products are featured on the IT-Platforms. Furthermore, a reference to a product on the IT-Platforms does not imply that such product is or will be available.
13. Sundae Schneider-Bean has created its various IT-Platforms to provide information about its company and products for your personal use. While every effort is taken to try to ensure that the visual representations of our products featured on the IT-Platforms are representative of the colour, design, style, description and size etc. of the original products, slight variations, distortions and/or differences may occur when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Thus, Sundae Schneider-Bean shall not be held liable for any error or inaccuracy of the product images displayed on the IT-Platforms.

Website Privacy Policy

14. All and any material or personal information sent to Sundae Schneider-Bean’s IT-Platforms is subject to Sundae Schneider-Bean’s policy on privacy and protection of personal data set out in the Privacy Policy available on the IT-Platforms.

Non-Personal Communication Supplied to Sundae Schneider-Bean

15. Any non-personal communication or material sent to Sundae Schneider-Bean via the IT-Platforms or through social media, by electronic mail or otherwise including any data, questions, answers, comments, suggestions or the like, is and will be treated by Sundae Schneider-Bean as non-confidential and non-proprietary.
16. By sending such communications to Sundae Schneider-Bean, you automatically grant Sundae Schneider-Bean a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone.
17. Any such communication that you transmit may be used by Sundae Schneider-Bean for any purpose without compensation, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information. Sundae Schneider-Bean is committed to respecting your personal rights.

Disclaimer of Representation and Warranties

18. Sundae Schneider-Bean tries to ensure that the information provided on the IT-Platforms is accurate and complete. However, Sundae Schneider-Bean does not warrant or represent that the IT-Platforms Content is accurate, error-free, reliable and non-infringing on third parties. Nor does Sundae Schneider-Bean warrant or represent that the access to the IT-Platforms is uninterrupted or error-free, that the IT-Platforms, their servers or the e-mails sent from Sundae Schneider-Bean are secure and free of viruses. If use of the IT-Platforms or IT-Platforms Content results in the need for servicing or replacing property, material, equipment, data or other element, Sundae Schneider-Bean shall not be responsible for those costs.
19. Without limiting the foregoing, the IT-Platforms are provided to you “as is” and “as available” and therefore, to the fullest extent permitted by applicable law, Sundae Schneider-Bean gives no warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill or non-infringement. Sundae Schneider-Bean and its suppliers make no warranties about the IT-Platforms Content, software, text, downloads, graphics, and links, or about results to be obtained from using the IT-Platforms.
20. Sundae Schneider-Bean explicitly states that while serving in the role of the Coach, Sundae Schneider-Bean and any other party involved are not operating as or holding themselves out to be a doctor, psychologist, therapist, or spiritual counselor. Do not disregard or delay seeking professional medical, mental health or spiritual advice because of information you have read on our website.

Limitation of Liability

21. You access, use, browse and navigate on the IT-Platforms at your own risk. Therefore, Sundae Schneider-Bean and any other parties involved in the creation, production, or delivery of the IT-Platforms on Sundae Schneider-Bean’s behalf, shall, to the fullest extent permitted by applicable laws, not be liable for any direct, indirect, incidental, consequential, or punitive damages of any kind, including any liability relating to any loss of use, interruption of business, lost profits or lost data, (all together the “Damages“) arising out of or in connection with the use of the IT-Platforms or of the IT-Platforms Content, regardless of the legal qualification of such Damages (be it contractual, tort or otherwise), even if Sundae Schneider-Bean was previously informed of the possibility of such Damages.
22. As a Client, you also understand that coaching is a comprehensive process that may involve all areas of your life, including work, finances, health, relationships, education and recreation. You acknowledge that deciding how to handle these issues, incorporate coaching into those areas, and implement your choices is exclusively your responsibility.
23. Sundae Schneider-Bean may modify or discontinue providing any of the IT-Platforms, with or without notice to you, but shall not be liable to you or any third party as a result of such modification or discontinuation.

Links & Linking

24. The IT-Platforms may contain links to other platforms operated by third parties not affiliated to Sundae Schneider-Bean. Those links are provided solely as aids to assist you to identify other platforms that may be of interest. The inclusion of any link to such third party platforms does not imply endorsement by Sundae Schneider-Bean of those platforms. The links on Sundae Schneider-Bean ‘s IT-Platforms may take you outside of the Sundae Schneider-Bean network. If you choose to click through any link to off-site pages or third party sites then this is at your own risk.

Termination and Suspension

25. If Sundae Schneider-Bean reasonably believes that you have violated any of the provisions of these Terms of Use or otherwise violated Sundae Schneider-Bean’s rights, Sundae Schneider-Bean may immediately take corrective action without prior notice and terminate or suspend your access to and use of the IT-Platforms.
26. Sections 7 (Disclaimer of Representation and Warranties), 8 (Limitation of Liability) and 11 (General Provision) shall survive termination of these Terms of Use.

General Provisions

27. The provisions of these Terms of Use are severable and if any provision or identifiable part is held to be invalid or unenforceable for any reason, it shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.
28. The failure of Sundae Schneider-Bean to enforce any of the provisions of these Terms of Use or any rights with respect thereto shall in no way be considered as a waiver of such provisions or rights or in any way to affect the validity of these Terms of Use.

Applicable Law and Jurisdiction

29. These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland.
30. To the extent permitted by law, any dispute, controversy or claim arising out of or in relation to these Terms of Use, including the validity, invalidity, breach or termination thereof, shall be resolved by the courts of Berne (Switzerland).

 

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CONTACT US
If you have any questions or comments about these Terms of Use please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.

E-Mail: contact@sundaebean.com
Address: Sundae Schneider-Bean GmbH, 26 Birkenweg, 3293 Dotzigen, Switzerland