Terms of Use

Acceptance of the Terms of Use 

These terms of use are entered into by and between You and Ashley Milus Coaching, INC ("Company," "we," or "us"). The following terms and conditions[, together with any documents  they expressly incorporate by reference] ([collectively, ] "Terms of Use")[,] govern your access to  and use of ashleymilus.com, including any content, functionality, and services offered on or through  ashleymilus.com (the "Website")[, whether as a guest or a registered user]. 

Please read the Terms of Use carefully before you start to use the Website. By using the Website  [or by clicking to accept or agree to the Terms of Use when this option is made available to  you], you accept and agree to be bound and abide by these Terms of Use[ and our Privacy  Policy, found at [PRIVACY POLICY URL], incorporated herein by reference]. If you do not  want to agree to these Terms of Use[or the Privacy Policy], you must not access or use the Website. 

[This Website is offered and available to users who [are 13 years of age or older][,/ and] [reside in  the United States or any of its territories or possessions]. By using this Website, you represent and  warrant that you [are of legal age to form a binding contract with the Company and] meet all of the  foregoing eligibility requirements. If you do not meet all of these requirements, you must not access  or use the Website.] 

Changes to the Terms of Use 

We may revise and update these Terms of Use from time to time in our sole discretion. All  changes are effective immediately when we post them, and apply to all access to and use of the  Website thereafter. [However, any changes to the dispute resolution provisions set out in Governing  Law and Jurisdiction will not apply to any disputes for which the parties have actual notice [on or]  before the date the change is posted on the Website.] 

Your continued use of the Website following the posting of revised Terms of Use means that you  accept and agree to the changes. You are expected to check this page [from time to time/frequently/ each time you access this Website] so you are aware of any changes, as they are binding on you. 

Accessing the Website and Account Security 

We reserve the right to withdraw or amend this Website, and any service or material we  provide on the Website, in our sole discretion without notice. We will not be liable if for any reason 

all or any part of the Website is unavailable at any time or for any period. From time to time, we may  restrict access to some parts of the Website, or the entire Website, to users, including registered  users. 

You are responsible for both: 

• Making all arrangements necessary for you to have access to the Website. • Ensuring that all persons who access the Website through your internet connection are  aware of these Terms of Use and comply with them. 

To access the Website or some of the resources it offers, you may be asked to provide certain  registration details or other information. It is a condition of your use of the Website that all the  information you provide on the Website is correct, current, and complete. You agree that all  information you provide to register with this Website or otherwise, including, but not limited to,  through the use of any interactive features on the Website, is governed by our Privacy Policy , and you  consent to all actions we take with respect to your information consistent with our Privacy Policy. 

If you choose, or are provided with, a user name, password, or any other piece of information as  part of our security procedures, you must treat such information as confidential, and you must not  disclose it to any other person or entity. You also acknowledge that your account is personal to you  and agree not to provide any other person with access to this Website or portions of it using your  user name, password, or other security information. You agree to notify us immediately of any  unauthorized access to or use of your user name or password or any other breach of security. You  also agree to ensure that you exit from your account at the end of each session. You should use  particular caution when accessing your account from a public or shared computer so that others are  not able to view or record your password or other personal information. 

We have the right to disable any user name, password, or other identifier, whether chosen by you or  provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion,  you have violated any provision of these Terms of Use. 

Intellectual Property Rights 

The Website and its entire contents, features, and functionality (including but not limited to  all information, software, text, displays, images, video, and audio, and the design, selection, and  arrangement thereof) are owned by the Company, its licensors, or other providers of such material  and are protected by United States and international copyright, trademark, patent, trade secret, and  other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You  must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform,  republish, download, store, or transmit any of the material on our Website, except as follows: • Your computer may temporarily store copies of such materials in RAM incidental to your  accessing and viewing those materials. 

• You may store files that are automatically cached by your Web browser for display  enhancement purposes. 

• You may print [or download] one copy of a reasonable number of pages of the Website for  your own personal, non-commercial use and not for further reproduction, publication, or  distribution. 

• If we provide desktop, mobile, or other applications for download, you may download a  single copy to your computer or mobile device solely for your own personal, non-commercial use,  provided you agree to be bound by our end user license agreement for such applications. • If we provide social media features with certain content, you may take such actions as are  enabled by such features. 

You must not: 

• Modify copies of any materials from this site. 

• [Use any illustrations, photographs, video or audio sequences, or any graphics separately  from the accompanying text.] 

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials  from this 

• site. 

You must not access or use for any commercial purposes any part of the Website or any services or  materials available through the Website. 

[If you wish to make any use of material on the Website other than that set out in this section,  please address your request to: ashley@ashleymilus.com.] 

If you print, copy, modify, download, or otherwise use or provide any other person with access to  any part of the Website in breach of the Terms of Use, your right to use the Website will stop  immediately and you must, at our option, return or destroy any copies of the materials you have  made. No right, title, or interest in or to the Website or any content on the Website is transferred to  you, and all rights not expressly granted are reserved by the Company. Any use of the Website not  expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate  copyright, trademark, and other laws.

Trademarks 

The Company name, the terms Ashley Milus, [the Company logo,] and all related names,  logos, product and service names, designs, and slogans are trademarks of the Company or its  affiliates or licensors. You must not use such marks without the prior written permission of the  Company. All other names, logos, product and service names, designs, and slogans on this Website  are the trademarks of their respective owners. 

Prohibited Uses 

You may use the Website only for lawful purposes and in accordance with these Terms of  Use. You agree not to use the Website: 

• In any way that violates any applicable federal, state, local, or international law or regulation  (including, without limitation, any laws regarding the export of data or software to and from the US  or other countries). 

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way  by exposing them to inappropriate content, asking for personally identifiable information, or  otherwise. 

• To send, knowingly receive, upload, download, use, or re-use any material that does not  comply with the Content Standards set out in these Terms of Use. 

• To transmit, or procure the sending of, any advertising or promotional material [without our  prior written consent], including any "junk mail," "chain letter," "spam," or any other similar  solicitation. 

• To impersonate or attempt to impersonate the Company, a Company employee, another  user, or any other person or entity (including, without limitation, by using email addresses [or screen  names] associated with any of the foregoing). 

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the  Website, or which, as determined by us, may harm the Company or users of the Website, or expose  them to liability. 

Additionally, you agree not to: 

• Use the Website in any manner that could disable, overburden, damage, or impair the site or  interfere with any other party's use of the Website, including their ability to engage in real time  activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for  any purpose, including monitoring or copying any of the material on the Website. • Use any manual process to monitor or copy any of the material on the Website, or for any  other purpose not expressly authorized in these Terms of Use, without our prior written consent. • Use any device, software, or routine that interferes with the proper working of the Website. • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious  or technologically harmful. 

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the  Website, the server on which the Website is stored, or any server, computer, or database connected  to the Website. 

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. • Otherwise attempt to interfere with the proper working of the Website. 

User Contributions 

The Website may contain message boards, chat rooms, personal web pages or profiles, forums,  bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users  to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post")  content or materials (collectively, "User Contributions") on or through the Website. 

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you grant us and [our affiliates and service  providers, and each of their and] our [respective] licensees, successors, and assigns the right to use,  reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such  material [for any purpose/according to your account settings]. 

You represent and warrant that: 

• You own or control all rights in and to the User Contributions and have the right to grant  the license granted above to us and [our affiliates and service providers, and each of their and] our  [respective] licensees, successors, and assigns. 

• All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or  contribute, and you, not the Company, have full responsibility for such content, including its legality,  reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User  Contributions posted by you or any other user of the Website. 

Monitoring and Enforcement; Termination 

We have the right to: 

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion. • Take any action with respect to any User Contribution that we deem necessary or  appropriate in our sole discretion, including if we believe that such User Contribution violates the  Terms of Use, including the Content Standards, infringes any intellectual property right or other  right of any person or entity, threatens the personal safety of users of the Website or the public, or  could create liability for the Company. 

• Disclose your identity or other information about you to any third party who claims that  material posted by you violates their rights, including their intellectual property rights or their right  to privacy. 

• Take appropriate legal action, including without limitation, referral to law enforcement, for  any illegal or unauthorized use of the Website. 

• Terminate or suspend your access to all or part of the Website for [any or no reason,  including without limitation,] any violation of these Terms of Use. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement  authorities or court order requesting or directing us to disclose the identity or other information of  anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS  THE COMPANY [AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS] FROM  ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY [THE COMPANY/ANY OF  THE FOREGOING PARTIES] DURING, OR TAKEN AS A CONSEQUENCE OF,  INVESTIGATIONS BY EITHER [THE COMPANY/SUCH PARTIES] OR LAW  ENFORCEMENT AUTHORITIES. 

However, we [cannot/do not undertake to] review [all] material before it is posted on the Website,  and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly,  we assume no liability for any action or inaction regarding transmissions, communications, or  content provided by any user or third party. We have no liability or responsibility to anyone for  performance or nonperformance of the activities described in this section. 

Content Standards

These content standards apply to any and all User Contributions and use of Interactive  Services. User Contributions must in their entirety comply with all applicable federal, state, local, and  international laws and regulations. Without limiting the foregoing, User Contributions must not: • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing,  violent, hateful, inflammatory, or otherwise objectionable. 

• Promote sexually explicit or pornographic material, violence, or discrimination based on  race, sex, religion, nationality, disability, sexual orientation, or age. 

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other  rights of any other person. 

• Violate the legal rights (including the rights of publicity and privacy) of others or contain  any material that could give rise to any civil or criminal liability under applicable laws or regulations  or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. • Be likely to deceive any person. 

• Promote any illegal activity, or advocate, promote, or assist any unlawful act. • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm,  or annoy any other person. 

• Impersonate any person or misrepresent your identity or affiliation with any person or  organization. 

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales  promotions, barter, or advertising. 

• Give the impression that they emanate from or are endorsed by us or any other person or  entity, if this is not the case. 

Copyright Infringement 

If you believe that any User Contributions violate your copyright, please see our Copyright Policy  [LINK TO COPYRIGHT POLICY] for instructions on sending us a notice of copyright  infringement. It is the policy of the Company to terminate the user accounts of repeat infringers. 

Reliance on Information Posted 

The information presented on or through the Website is made available solely for general  information purposes. We do not warrant the accuracy, completeness, or usefulness of this  information. Any reliance you place on such information is strictly at your own risk. We disclaim all 

liability and responsibility arising from any reliance placed on such materials by you or any other  visitor to the Website, or by anyone who may be informed of any of its contents. This Website [may include/includes] content provided by third parties, including materials  provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or  reporting services. All statements and/or opinions expressed in these materials, and all articles and  responses to questions and other content, other than the content provided by the Company, are  solely the opinions and the responsibility of the person or entity providing those materials. These  materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to  you or any third party, for the content or accuracy of any materials provided by any third parties. 

Changes to the Website 

We may update the content on this Website from time to time, but its content is not necessarily  complete or up-to-date. Any of the material on the Website may be out of date at any given time,  and we are under no obligation to update such material. 

Information About You and Your Visits to the Website 

All information we collect on this Website is subject to our Privacy Policy [LINK TO PRIVACY  POLICY]. By using the Website, you consent to all actions taken by us with respect to your  information in compliance with the Privacy Policy. 

Online Purchases and Other Terms and Conditions 

All purchases through our site or other transactions for the sale of [goods][,/ or][services][,]  [or][information] formed through the Website, or resulting from visits made by you, are governed by  our Terms of Sale [LINK TO TERMS OF SALE], which are hereby incorporated into these Terms  of Use. 

[Additional terms and conditions may also apply to specific portions, services, or features of the  Website. All such additional terms and conditions are hereby incorporated by this reference into  these Terms of Use.]] 

Linking to the Website and Social Media Features 

You may link to our homepage, provided you do so in a way that is fair and legal and does  not damage our reputation or take advantage of it, but you must not establish a link in such a way as  to suggest any form of association, approval, or endorsement on our part[ without our express  [written] consent]. This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this  Website. 

• Send emails or other communications with certain content, or links to certain  content, on this Website. 

• Cause limited portions of content on this Website to be displayed or appear to be  displayed on your own or certain third-party websites. 

You may use these features solely as they are provided by us [,/ and] solely with respect to the  content they are displayed with[,] [and otherwise in accordance with any additional terms and  conditions we provide with respect to such features]. Subject to the foregoing, you must not:  • Establish a link from any website that is not owned by you. 

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any  other site, for example, framing, deep linking, or in-line linking. 

• Link to any part of the Website other than the homepage. 

• Otherwise take any action with respect to the materials on this Website that is inconsistent  with any other provision of these Terms of Use. 

[The website from which you are linking, or on which you make certain content accessible, must  comply in all respects with the Content Standards set out in these Terms of Use.] You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice. 

We may disable all or any social media features and any links at any time without notice in our  discretion. 

Links from the Website 

If the Website contains links to other sites and resources provided by third parties, these  links are provided for your convenience only. This includes links contained in advertisements,  including banner advertisements and sponsored links. We have no control over the contents of  those sites or resources, and accept no responsibility for them or for any loss or damage that may  arise from your use of them. If you decide to access any of the third-party websites linked to this  Website, you do so entirely at your own risk and subject to the terms and conditions of use for such  websites. 

Geographic Restrictions

The owner of the Website is based in the State of California in the United States. We  provide this Website for use only by persons located in the United States. We make no claims that  the Website or any of its content is accessible or appropriate outside of the United States. Access to  the Website may not be legal by certain persons or in certain countries. If you access the Website  from outside the United States, you do so on your own initiative and are responsible for compliance  with local laws. 

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that files available for  downloading from the internet or the Website will be free of viruses or other destructive code. You  are responsible for implementing sufficient procedures and checkpoints to satisfy your particular  requirements for anti-virus protection and accuracy of data input and output, and for maintaining a  means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT  PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED  BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER  TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER  EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL  DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED  THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL  POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS  OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS  CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE  ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY  WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE  COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY  WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,  SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE  ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE  WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE  WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,  THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT  MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, 

OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE  WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS  ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR  OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF  MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR  PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE  EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY,  ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,  OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY  LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR  INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT  ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,  INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,  INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,  EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS  OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,  AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF  CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

Indemnification 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and  service providers, and its and their respective officers, directors, employees, contractors, agents,  licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages,  judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out  of or relating to your violation of these Terms of Use or your use of the Website, including, but not  limited to, your User Contributions, any use of the Website's content, services, and products other  than as expressly authorized in these Terms of Use, or your use of any information obtained from  the Website.

Governing Law and Jurisdiction 

All matters relating to the Website and these Terms of Use, and any dispute or claim arising  therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be  governed by and construed in accordance with the internal laws of the State of California without  giving effect to any choice or conflict of law provision or rule (whether of the State of California or  any other jurisdiction). 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the  Website shall be instituted exclusively in the federal courts of the United States or the courts of the  State of California [, in each case located in the City of Santa Clarita and County of Los Angeles,]  [although we retain the right to bring any suit, action, or proceeding against you for breach of these  Terms of Use in your country of residence or any other relevant country]. You waive any and all  objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

Arbitration 

At Company's sole discretion, it may require You to submit any disputes arising from these  Terms of Use or use of the Website, including disputes arising from or concerning their  interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration  under the Rules of Arbitration of the American Arbitration Association applying California law. 

Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR  RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED  WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH  CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

Waiver and Severability 

No waiver by the Company of any term or condition set out in these Terms of Use shall be  deemed a further or continuing waiver of such term or condition or a waiver of any other term or  condition, and any failure of the Company to assert a right or provision under these Terms of Use  shall not constitute a waiver of such right or provision. 

If any provision of these Terms of Use is held by a court or other tribunal of competent  jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated  or limited to the minimum extent such that the remaining provisions of the Terms of Use will  continue in full force and effect.

Entire Agreement 

The Terms of Use[, /and] our Privacy Policy[,]] [and] [Terms of Sale[,]] constitute the sole  and entire agreement between you and Ashley Milus Coaching, INC regarding the Website and  supersede all prior and contemporaneous understandings, agreements, representations, and  warranties, both written and oral, regarding the Website. 

Your Comments and Concerns 

This website is operated by Ashley Milus Coaching located at 28548 Daybreak Way, Santa  Clarita, CA, 91351. All notices of copyright infringement claims should be sent to the copyright  agent designated in our Copyright Policy in the manner and by the means set out therein. All other  feedback, comments, requests for technical support, and other communications relating to the  Website should be directed to: ashley@ashleymilus.com.