Terms & Conditions

 

Effective Date: 7/29/2022

Last Updated Date: 7/29/2022

 

Welcome to sarahanaway.com (the “Website”), a website owned and operated by S. Hanaway Enterprises, LLC, (“we,” “our,” “us,” or “the Company”) a Wisconsin limited liability company.

 

WHEN YOU USE, ACCESS, OR PARTICIPATE IN OUR WEBSITE, SOCIAL MEDIA PROPERTIES, ONLINE OR IN-PERSON MEETINGS, USE OR PURCHASE OUR CONTENT OR PRODUCTS, YOU AGREE TO THESE TERMS AND CONDITIONS (“TERMS”) AND OUR PRIVACY POLICY (TOGETHER, “AGREEMENT”). IF YOU DO NOT AGREE WITH ALL PROVISIONS IN THE AGREEMENT, YOU MAY NOT USE, ACCESS, OR PARTICIPATE IN OUR WEBSITE OR SOCIAL MEDIA PROPERTIES OR USE OR PURCHASE OUR CONTENT OR PRODUCTS.

 

Sara Hanaway and S. Hanaway Enterprises, LLC provide speaking, coaching and workshop services (the “Services”). When you use our Website, interact with us on our social media properties, or purchase our Services, intellectual property laws protect products offered in our online store and the content on this Website or shared on our social media properties (“Content”).  We either own or have permission to use all the intellectual property rights to all protectable elements in the Services and Content, including without limitation, the logo, images, trademarks, service marks, design elements, layout, graphic, information, materials, documents, data, and text. We reserve all rights not specifically granted in these Terms.

 

Not Intended For Children

Minimum Age: Content and Services are intended for individuals at least 18 years of age and legally able to enter into a contract, and when you buy or use our Content or Product, you represent and warrant that you meet both requirements. To purchase the goods or Services of this Website, you must be 18 years of age or older. By using this Website and/or purchasing our products, you agree that you are at least 18 years of age or older. In the event that you are under the age of 18, you must have the express permission of your parent or legal guardian prior to purchasing any goods or services.

 

Products and Services

All the products or Services made available on this Website are intended solely for personal or small business use. You may not transfer, re-sell, assign, or dispose of all or any part of any Content or Service without the prior written consent of the company. We reserve the right to cancel any membership if it appears that it is of fraudulent or inappropriate nature. Prices, promotions, and campaigns are subject to change without prior notice.

 

Content And Services For Personal Use Only

While we love it when you share about us, please keep in mind that our Content is protected by copyright laws and any Services purchased are for personal use only. You may (i) view and use our Content, (ii) email and share short snippets of our Content on your social media platforms of choice, with proper attribution and, where possible, a link back to our site, and (iii) purchase and use our Services for personal, noncommercial use only. Selling, sharing, redistributing, licensing, or sublicensing our Content or Services to an individual, business, or third party (other than the recipient you send your purchased Product to) is prohibited. In the event you breach these Terms, you will pay us $5,000 USD, which you agree has been incorporated into these Terms as a reasonable pre-estimate of damages that we will sustain, which will not be capable of precise determination. You agree this is not a penalty, but rather is the agreed-upon liquidated damages suffered as a result of your using or selling our Content or Services outside of these permitted and expressly limited usage Terms.

 

Communications

By creating an account on our Website to access our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided on the Website or in any email we send.

 

Use of Website and Service

As a user of this Website or our services, you agree:

  • Personal Use– Your account is solely for your own, personal use. You may not allow others to access or use your account. You may not transfer your account to any other person. You agree that we, as the owners of this Website, are not responsible for third party access to your account that in any way results in theft or illegal usage, storage, or sale of your personal information.
  • You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
  • Reporting of Violations – You will immediately contact us when you see (i) any possible violation of the Agreement by anyone, and (ii) any unauthorized access to your account, whether known or not.
  • Content Removal– Any information or content you submit to the Services or in the public area will be available to us for monitoring. We keep the right to remove any information that in any way violates any possible law of the Services or any third party.
  • No False Information– You agree that every content or information you provide will not be inaccurate, false or misleading. Neither to us nor to any user. If any information or content becomes as such, you will quickly contact us of the change that happened.
  • No Advertising or Commercial Solicitation – You agree that the information that you get from the Services will not be used by you in means of selling, advertising and such until the approval of the other user. By agreeing with this you acknowledge the fact that any breach of the terms will cause significant damages to us, that such damage will be hard to assess, and that we may take any action we deem necessary as outlined within these Terms of Service in order to enforce this policy – and that you disclaim any loss as a result of such enforcement.
  • No Harassment of Employees or Agents– You agree that you will not harass, pressure or threaten any agents or employees that are responsible with providing the Services to you.
  • No Refunds for Information Services– Due to the inherent irrevocability of the transmission of knowledge, refunds will not be rendered for any information products purchased through sarahanaway.com, regardless of your financial situation, viewing of the information product, following of the advice contained therein, or of any other factor. Though S. Hanaway Enterprises, LLC strongly believes in the value of the advice found within its information products, results are not guaranteed. S. Hanaway Enterprises, LLC disclaims any express or implied warranties.
  • Those users who freely choose to enter this Website from other countries or places or to other sites connected through links to this Website, will do so on their own initiative and it is their responsibility to comply with the applicable local laws.
  • You are obliged to use due caution and diligence when accessing, using and consulting this Website.

 

We reserve the right to withdraw or change website features at any time and by any means without prior notice. This may result or be resultant from a mistake, malware, technical issue, glitches, fraudulence, illegal involvement, tampering, or any other reason that interferes with or prohibits the appropriate conduct of this Website, company, or campaigns. However, S.Hanaway Enterprises, LLC will not be held liable for these issues or any and all damages they may cause.

 

We may add, update, discontinue and remove any content to or from the Service at its sole discretion, without notice to any party and without incurring any liability to the user or other party.

 

We reserve the rights to change the pricing structure on any product we choose, at any time and without prior warning. You acknowledge that all the emails, phone number, credit card and other information you provide us belongs to you and you are not using any fake information.

 

No Warranty

While we use reasonable efforts to include accurate and up-to-date information in our Content and Services, we cannot make any representations or warranties as to the accuracy of information in either. We assume no liability or responsibility for any errors or representations in the content available in the Content and Services.

 

You Are Responsible For Content You Submit or Post

Please be mindful when you choose to submit, post, or otherwise share any content on our Website or social media properties, as that content is public and you are responsible for your content and any liability that may result from your posted content. When you submit, post, or otherwise share content on this Website or our social media properties, you do so at your own risk.

 

Content Guidelines

When you submit content, post, or otherwise share on this Website or our social media properties you will NOT:

  • Disclose any confidential information about other users without their permission
  • Engage in any kind of offensive behavior (pornography, racism, abusiveness, harassment etc.)
  • Forward chain letters using our Website
  • Use picture that does not belong to you. You are not permitted to impersonate anyone.
  • Infringe any third party’s rights
  • Upload any malicious software, virus etc that could disrupt the working of system tools, servers, networks
  • Try to sell other users’ information to third parties
  • Try to access our services through automated robots, or conduct attacks such as Denial of Service
  • Promote products/services on our Website
  • Post or share any content that is illegal, abusive, offensive, threatening, harassing, vulgar, harmful, defamatory, obscene or otherwise in violation of others’ rights or applicable laws

 

We may delete any content, in full or in part, for violation of our content guidelines or for any other reason. However, we do not have an obligation to monitor content submitted by you or other third parties, so we cannot be responsible or liable for damages or losses arising from third party content. We do not make any representations regarding the accuracy of any third party content.

 

To purchase Services on our Website or access certain Content we provide, you may need a username and password, which you agree to keep confidential. To the extent you provide information about yourself during the registration or checkout process for our Content or Services, you agree to provide accurate, complete, up-to-date information about yourself, and that information will be used and protected under our Privacy Policy. If we believe you have provided false information or otherwise violated our content guidelines, we may terminate or suspend your account, cancel unfulfilled orders, and refuse to grant access to our Content or Services, without refund.

 

Permission to Use Content You Submit Or Post

In the event you choose to submit or post any content on our Website or social media properties or tag us in posts you share on your social media profiles (e.g., comments, photos, videos, other feedback or written content), you represent and warrant that you own or have permission to share that content. We will not claim ownership rights in that content; however, you grant us a nonexclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, copy, publish, distribute, and publicly perform that content, in whole or in part, and your name and likeness in connection with that content, in any medium or manner currently known or later developed, for any purpose, including promotion of our Services and Content and other commercial purposes.

 

Testimonials Representative of Actual Experiences, Not Guarantee of Your Experience

The testimonials, statements, and opinions presented in our Content and about our Services were provided voluntarily by actual customers from using our Services. While those testimonials are representative of actual customer experiences, the exact results and experience will be unique for each individual. Therefore, we cannot and do not make any representations or guarantees about any particular results you may experience from the Content or Services.

 

Results Not Guaranteed

We do not make any guarantees that you will achieve any particular result, including without limitation potential profits, losses, future income, sales, or expenses, through the use of our Content or Services, as results will be unique for each individual. You understand that results are based mostly on an individual’s efforts and circumstances, so we disclaim all liability for the failure or success of any business decisions you make that may impact your financial status or earnings.

 

Trademarks and Copyright Ownership

All data and content, in any form, contained by or offered through the Website and all intellectual property rights relating to said content are the sole property of S. Hanaway Enterprises, LLC. This includes all information, content, photographs, articles, text, video, images, functions, or other content.

 

You acknowledge and agree that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and S. Hanaway Enterprises, LLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

 

If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

 

We may add some third party products/services on our Website and in that case, the product copyrights belongs to the creator or successor in interest of the creator. We may also sell products/services as an affiliate so some of the products will be added to our Website from other companies. We are not liable for any problem arising out of their contents, description, products etc. Under no circumstances shall S. Hanaway Enterprises, LLC, its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a user’s reliance on information obtained through the sarahanaway.com or babblingsonlife.com web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the sarahanway.com or babblingsonlife.com Website for your own use.

 

The Website itself or any section of this Website may not be duplicated, sold, reproduced, copied, resold, visited, or otherwise used for commercial purposes excluding the possession of express written consent from the Website or company owner(s). You may not utilize “hidden text”, hereafter defined as being of the same purpose as metatags, without the company’s express written consent. Any unauthorized use of hidden text terminates any license granted by the company and associated companies and voids these Terms and Conditions. You may be prosecuted or subject to civil action for such actions.

 

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by

  1. Hanaway Enterprises, LLC

 

  1. Hanaway Enterprises, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that S. Hanaway Enterprises, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Disclaimers

THE CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE CONTENT AND PRODUCTS AND WE DO NOT WARRANT THAT THE CONTENT OR PRODUCTS OR ANY OF THEIR FUNCTIONS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS INCLUDED IN THE PRODUCTS, DELAYS OR FAILURES IN DELIVERY OF THE CONTENT OR PRODUCTS, OR ANY OTHER RESULTING DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM VIRUS ATTACKS, INTERNET CONGESTION, AND DENIAL OF SERVICE ATTACKS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES OR THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

 

OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS WE HAVE PROVIDED TO YOU SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT YOU HAVE PAID TO US FOR THE PRODUCTS DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. IF YOUR USE OF THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL DIRECT AND RELATED COSTS.

 

Indemnification

You agree to defend, indemnify, and hold harmless our company and its owners, managers, members, past and present employees, contractors, volunteers, representatives, agents, affiliates, successors, and assigns (collectively, “Releasees”) from and against all actions, suits, claims, losses, liability, costs, and expenses, including attorney fees (collectively, “Claims”) arising out of or in connection with: (i) your viewing, purchase, use, or participation in the Content and Services; (ii) any content you submit to our Website or social media properties or tag us in on your social media profiles, or (iii) your violation of these Terms. This provision shall apply regardless of Releasees’ negligence, if any.

 

Content and Product Availability; Delivery; Force Majeure

We do our best to ensure uninterrupted, error-free availability and delivery of the Content and Services. However, we cannot guarantee your access will never been suspended or restricted due to circumstances outside our control and because we occasionally need to make repairs, maintenance, or updates to our Content, Services and Website.

 

We shall not be liable to you for any delay or failure by us to perform our obligations under these Terms if that delay or failure arises from any cause beyond our reasonable control, including, without limitation, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any of our obligations under these Terms.

 

Protecting Personal Information

Protecting your personal information is important to us, which is why we have implemented and strive to maintain reasonable, commercially acceptable safeguards appropriate to the nature of the information we collect, use, and store. However, no website, internet transmission, method of electronic storage, or security system is completely secure. Any transmission of personal information is at your own risk. Therefore, we urge you to take appropriate steps to keep your personal information safe, such as choosing not to send personal information through insecure email and closing your browser when finished buying, downloading, using, or participating in our Content, Services or those of any other website on a shared device or unsecured network. Please read our Privacy Policy to learn more about how we collect, use, share, and protect your personal information.

 

Prohibited Actions

Protecting others’ personal information is equally important to us. You shall not transmit to us or upload to our Website any Harmful Code or use or misappropriate the data on our Website or in our Content or Services for your own commercial gain. “Harmful Code” includes, without limitation, any software (e.g., viruses, trojan horses, worms, time bombs, time locks, drop dead devices, traps, access codes, cancelbots, or trap door devices that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on exceeding a number of copies, exceeding a number of users, passage of a period of time, advancement to a particular date or other numeral, use of a certain feature, or any other event; or (b) would enable an unauthorized person to cause that result; or (c) would enable an unauthorized person to access another person’s information without that other person’s permission. Under no circumstances may our Website be used as a vehicle or means to send or transmit any kind of information or material that may be considered illegal, false, misleading, abusive, injurious, defamatory, vulgar, obscene, scandalous, provocative, pornographic, irreverent, mail garbage or any other information or material that may constitute a crime or that may give rise to civil liability processes or that could infringe any other law.  We may refuse access to our Website, Content and Services without notice if you fail to comply with these Terms.

 

Governing Law; Location for Disputes

These Terms and any disputes arising out of or in connection with these Terms or the Content or Services shall be governed by and construed in accordance with the laws of the State of Wisconsin without regard for its conflict of law provisions. Any matter involving interpretation or enforcement of these Terms shall be brought in the state or federal courts in Milwaukee County, Wisconsin. By purchasing, using, viewing or participating in the Services, Content and our Website, you hereby accept the exclusive jurisdiction of those courts. We shall be entitled to recover our attorneys’ fees and costs in enforcing our rights under these Terms in the event of a violation of our intellectual property rights or other breach of these Terms, whether we choose to enforce our rights through negotiation, mediation, arbitration, or litigation.

 

Waiver

Failure by either party to enforce any provision in these Terms is not a waiver of future enforcement of that or any other provision. The waiver of any breach of these Terms is not effective unless in a written agreement signed by the waiving party and is not a waiver of any other or subsequent breach.

 

Updates to Terms of Use

We reserve the rights to change or terminate any feature or service; we may restrict your access to some portions of our Website in the event we find that you are engaging in an activity that is inappropriate or in violation of these terms and conditions.

 

Severability; Entire Agreement

In the event that any portion of these Terms is declared invalid, illegal, or unenforceable for any reason, the remaining portions of these Terms shall remain in full force and effect. These Terms together with our Privacy Policy, are the exclusive agreement between us with respect to this subject matter and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to this subject matter. There are no conditions precedent to the effectiveness of these Terms other than those expressly stated in these Terms. The provisions of these Terms may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealing. In entering into these Terms, neither party has relied upon any representation, warranty, or agreement of the other party except for those expressly contained in these Terms.

 

Headers

The headings of the provisions of these Terms are solely for ease of reference and are not part of them, and no meaning or interpretation may be inferred or derived from them.

 

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

If you wish to terminate your account, you may request cancellation by emailing info@sarahanaway.com.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Tell Us How We’re Doing

Please send any questions or feedback about our Content, Services, or anything in these Terms via email or mail to:

E-mail: info@sarahanaway.com

Mail:

  1. Hanaway Enterprises, LLC

Attention: Terms & Conditions

P.O. Box 126

Cudahy, WI 53110