TERMS AND CONDITIONS
**The effective date of this agreement is May 25, 2018.
** This agreement contains the terms and conditions under which www.iva-berghmann.com ("Iva Berghmann", "we" or "us") offers you (the "user" or "you"), access to its website www.iva-berghmann.com (the "Site") and Iva Berghmann's Services (as defined below). Among other things, these Terms and Conditions describe the user's responsibilities and limit Iva Berghmann's liability. Before using any of the Services, please read all these Terms and Conditions and the Site carefully. In the event of any conflict between these Terms and Conditions and any other provisions set forth in the Site, these Terms and Conditions will control.
**1. USER ACCEPTANCE** By using the Services and/or visiting the Site, you state your agreement to be legally bound and to abide by the following terms and conditions. If you do not agree to these terms and conditions, you must not use the Site or the Services. These terms and conditions include Iva Berghmann's privacy policy (the "Privacy Policy") that is posted on the Site.
**2. CHANGES TO TERMS AND CONDITIONS** Iva Berghmann reserves the right, in its sole discretion, to amend these Terms and Conditions at any time upon posting the amended terms on the Site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. The user's continued use of the Site and the Services following Iva Berghmann's posting of any changes will constitute the user's acceptance of such changes.
**3. IVA BERGHMANN SERVICES** Iva Berghmann's services, which are available on the Site help you find and browse information related to training and coaching, and allow you to submit information to the Site, and enjoy a wide variety of other content for your own use and for viewing by other users (the "Services"). Your access to or use of these Services constitutes your acceptance of all the provisions of these Terms and Conditions. These Terms and Conditions apply to any user of the Site and Services, regardless of whether or not the user submits content for public display on the Site. The Site may also contain links to third party websites that are not owned or controlled by Iva Berghmann. Iva Berghmann has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Iva Berghmann will not censor or edit the content of any third-party websites. By using the Site, you expressly relieve Iva Berghmann from any and all liability arising from your use of any third-party website.
**4. ELIGIBILITY** You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as an Iva Berghmann member or to use the Site and Services. If you are under the applicable age, you can use the Site under the supervision of your parent or guardian who has agreed to the Terms and Conditions. However, you must be 13 years or older to use the Site in compliance with the Children's Online Privacy Protection Act (COPPA). If you do not qualify, please do not use the Site or Services. The Site and Services are administered in the United States and are intended for world wide users including US and EU users. Any use outside of the United States is at the user's own risk and international users are responsible for compliance with local laws.
**5. USER INFORMATION** You may need to provide us with user information (primarily an email address) to use certain parts of the Site, such as submitting questions to us or to register for newsletters offered via the Site. If you provide us with such information, you are required to provide accurate and up to date information. You may not use a false name with the intent of impersonating another person. You may receive confirmation and thank you emails associated with your membership. As detailed in the Privacy Policy, your private information will not be given to any third party without your consent. Iva Berghmann reserves the right to cancel your membership at its discretion.
**6. RIGHTS TO USE** Subject to the Restrictions on Rights to Use in these Terms and Conditions, Iva Berghmann hereby grants you permission to use the Site and Services, provided that
a. your use of the Site as permitted is solely for personal, non-commercial use,
b. you will not copy or distribute any part of the Site without Iva Berghmann’s written permission,
c. you will not alter or modify any parts of the Site, and
d. you will comply with the Terms and Conditions and Privacy Policy.
**7. RESTRICTIONS ON RIGHTS TO USE** You are authorized to use the Site and Services solely for your own use, and you agree not to act on behalf of a third-party or to allow a third-party to have access to your password in order to use the Site or Services. You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:
a. modify, translate or reverse engineer any portion of the Site or Services;
b. launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site in a manner that sends more request messages to the Iva Berghmann servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Iva Berghmann grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Iva Berghmann reserves the right to revoke these exceptions either generally or in specific cases;
c. collect or harvest any personally identifiable information, including member names and User IDs, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes;
d. solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below);
e. remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
f. create user accounts by automated means or under false or fraudulent pretenses;
g. create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or otherwise interfere with other user's or member's enjoyment of the Site and/or Services;
h. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
i. use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
j. copy or store any content offered on the Site for other than your own use; nor
k. use any device, software or routine that interferes with the proper working of the Site and/or Services.
**8. INTELLECTUAL PROPERTY RIGHTS** The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Iva Berghmann, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Iva Berghmann reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. If you submit any materials you retain all of your ownership rights. However, by submitting materials to Iva Berghmann, you hereby grant Iva Bergmann a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submitted material in connection with the Site and Iva Berghmann's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Iva Berghmann Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your submitted materials through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through the functionality of the Site and under these Terms and Conditions.
**10. COPYRIGHT INFRINGEMENT POLICY** Iva Berghmann does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Iva Berghmann will remove any Content or submitted materials if properly notified that such Content or submitted materials infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content or submitted materials on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You can send your notifications of claimed infringement at iva@iva-berghmann.com. Any other feedback, comments, requests for technical support, and other communications should be directed to customer service through support@ivaberghmann.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. It is Iva Berghmann's policy to block access to or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed on the Site, and to remove repeat offenders from the Site and to deny them access to the Services.
**11. DISCLAIMER.** Iva Berghmann's Site contains strictly opinion-based information. The content of the Site is fact-checked to the best of our abilities but will, no doubt, contain errors of typing, spelling, intent, rumor, presumption, but never errors of style (we think). You might disagree with our choices and that's fine with us. Just don't expect us to always know what techniques should you apply or what are the best training solutions for you. We can't swear we'll be right nor that we know everything. Additionally, Iva Berghmann has developed an affiliate program whereby tools, gears, apps and other sites related companies sell products through links provided on the Site. In return, Iva Berghmann is paid a varying percentage of the sales price of sales originating from the Site. Iva Berghmann is committed editorial integrity and honesty and by no means does its affiliate program affect what we choose to cover, what we say in our editorial coverage or what our recommendations are.
**12. DISCLAIMER OF WARRANTIES** IVA BERGHMANN'S SITE AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IVA BERGHMANN MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) IVA BERGHMANN MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (b)IVA BERGHMANN MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES IVA BERGHMANN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE (see EARNINGS DISCLAIMER); (c) IVA BERGHMANN DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED; (d) IVA BERGHMANN EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) IVA BERGHMANN EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF IVA BERGHMANN. Some states, to the extent their law might be deemed to apply, might not permit the disclaimer of certain warranties, so the foregoing might not apply to you.
**13. LIMITATION OF LIABILITY AND REMEDIES** (a) UNDER NO CIRCUMSTANCES WILL IVA BERGHMANN OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THESE TERMS AND CONDITIONS OR IVA BERGHMANN'S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. IN ANY CASE, IVA BERGHMANN'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE AMOUNT CHARGED IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, ONE HUNDRED U.S. DOLLARS ($100.00). (b) Limited Liability with Respect to Products and Services Available Through the Site. UNDER NO CIRCUMSTANCES WILL IVA BERGHMANN OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS OR SERVICES AVAILABLE THROUGH IVA BERGHMANN'S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. (c) Caveat. Some states, to the extent their law might be deemed to apply, might not allow the limitation of liability, so the foregoing limitations might not apply to you.
**14. INDEMNIFICATION** You agree to indemnify and hold Iva Berghmann, and its affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys' fees, and further including any injuries to third parties arising out of or relating to
a. your breach of these terms of service,
b. any fraud, manipulation, deception or misrepresentation by you,
c. any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services, and
d. any violation of applicable federal or state laws or regulations.
**15. NO AGENCY** You and Iva Berghmann are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions.
**16. ASSIGNMENT** You may not assign these Terms and Conditions or any of your rights hereunder to a third person without first obtaining our express written consent.
**17. TRADEMARKS** (a) IVA BERGHMANN and IVA-BERGHMANN.COM, are trade or service marks of Iva Berghmann. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or service that is not properly authorized by Iva Berghmann, in any manner that is likely to cause confusion or in any manner that disparages or discredits Iva Berghmann. (b) The use of any name, trademark, tradename, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party making products or services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such third party, or as the participation by any such third party in the offering of goods or information through the Site.
**18. RULES FOR PROMOTIONS** Any sweepstakes, contests, raffles or other promotions (collectively, "Promotions") made available through the Website may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.
**19. GENERAL INFORMATION** (a) Governing Law. THESE TERMS AND CONDITIONS, AND ALL ASPECTS OF THE RELATIONSHIP AND DEALINGS BETWEEN YOU AND IVA BERGHMANN, SHALL BE GOVERNED BY THE LAWS OF THE STATE WHERE IVA BERGHMANN IS BASED WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, I.E., AS SUCH LAW IS APPLIED TO TERMS AND CONDITIONS, RELATIONSHIPS OR DEALINGS ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE STATE WHERE IVA BERGHMANN IS BASED. IF YOU ARE UNWILLING TO HAVE STATES LAW APPLIED, DO NOT USE THE SITE. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. (b) Complete Terms and Conditions. These Terms and Conditions and the materials expressly incorporated herein by reference constitute the full and complete Terms and Conditions between you and Iva Berghmann. You and Iva Berghmann have not relied upon any promises, representations, statements or undertaking other than those set forth herein. No oral modifications to these terms of service are permitted or valid. (c) JURISDICTION. ANY LAWSUIT THAT ARISES BETWEEN YOU AND IVA BERGHMANN IN CONNECTION WITH OR RELATED TO THESE TERMS OF SERVICE, THE SITE OR THE SERVICES SHALL BE BROUGHT EXCLUSIVELY IN THE STATE IN WHICH IVA BERGHMANN IS BASED. YOU AND IVA BERGHMANN EXPRESSLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS. (d) Section Headings. The section titles of these terms of service are for convenience only and have no legal or contractual effect.
**20. TERMINATION** Iva Berghmann may, in its sole discretion, terminate these Terms and Conditions and your use or access to the Site immediately and without notice for any reason.