Terms & Conditions
Effective Date: July 11, 2022
TERMS OF SERVICE
The terms “we”, “us”, and “our” refer to Megginson Consulting, LLC (“Company”).
The terms “Site(s)” refers to maeganmegginson.com, restandsuccesscode.com.
On the Site, we provide: information, resources, and paid offerings for business owners.
The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Site and/or Service.
USE OF THE SITE AND SERVICE
To access or use the Site and/or Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Site and/or Service.
You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Site and/or Service and to purchase services or products for legitimate purposes only. You shall not post or transmit through the Site and/or Service 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.
In order to use the Site and/or Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any account information you provide on the Site or to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and/or Service, violate any laws.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Site and/or Service to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you violate these Terms of Service or other Agreements governing your use of the Site and/or Service.
Our products are delivered to you online in a digital format (i.e., no physical products are shipped to you).
Refunds for your purchase are not available. You agree to make timely and full payments to the Company for your purchase.
The Company may share the successful results of its users or customers on the Site and/or Service. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Site and/or Service, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Site and/or Service is a promise, warranty or guarantee to you of such results.
ERRORS, INACCURACIES, AND OMISSIONS
Information provided on the Site and/or Service is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the provided information.
OUR INTELLECTUAL PROPERTY
The Site and/or Service contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” 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 and/or Service, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.
THIRD PARTY WEBSITE AND 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 the Site and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
From time to time, Company may include affiliate links on its Site and/or Service. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
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 of Service, or any use by you of the Site and/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.
The Terms of Service shall be governed by the laws of the State of Oregon.
We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service,
by taking the matter to court, arbitration, mediation, or any other legal remedy available to the Parties. If any court action is necessary to enforce this Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, 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.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor 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 an authorized representative of the Company.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
We reserve the right to update any portion of our Site and/or Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site and/or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.
HOW TO CONTACT US
If you have any questions about this Terms of Service, please contact us at:
Megginson Consulting, LLC
2923 NE Broadway St, Portland, OR 97232
We at Megginson Consulting, LLC (“Company”, “we”, “us”) respect your privacy and want you to understand how we collect, use, and share data about you – our visitors, users and customers.
By using the Platforms, you agree to the terms of this Policy, our Terms of Service (located above) or any other agreement that governs your use of our Platforms (collectively, “Agreements”). You should not use our Platforms if you do not agree with the terms and conditions contained in these Agreements.
1. WHAT INFORMATION WE COLLECT
a. Information You Provide Us
We collect information you provide directly to us. For example, we collect information when you create an online account, sign up to receive our emails, communicate with us on the Platforms or via third-party social media sites, or order our products or services. The type of information we may collect include your:
- email address
- zip code
- billing address
- shipping address
- phone number
- payment card information
- products ordered
- purchase date
- demographic information
- any other information you choose to provide
b. Automatically Collected Information through Tracking Technologies
- type of browser you use
- access times
- pages viewed
- time spent on pages
- links clicked
- your IP address
- the referring link through which you accessed the Site
- conversion information
2. WHAT WE USE YOUR INFORMATION FOR
We use collected information in a variety of ways, including to:
- provide the products and services you request;
- process transactions and send you related information (i.e., confirmations and receipts);
- respond to your comments, questions and requests and provide customer service;
- communicate with you about products, services, offers, promotions, and provide news and information we think will be of interest to you;
- send you technical notices, updates, security alerts, and support and administrative messages;
- better tailor our Platforms to your interests and needs;
- carry out profiling activities in order to learn more about you; and
- offer you tailored advertising based on your behavior on our Platforms.
3. WHO WE SHARE YOUR INFORMATION WITH
a. Publicly Shared Information
Any information that you voluntarily choose to share in a public area of our Platforms (e.g., by posting a comment to a blog post or leaving a testimonial) will be available to anyone who has access to that content.
b. To Company Employees and Contractors
We may share your personal information within the Company to our employees and contractors in order to deliver our services and products to you.
c. Third-Party Service Providers
We use third-party service providers to collect and process personal information from or about you on our behalf. Examples include data analysis, marketing and advertising services, email and hosting services, customer services and support, hosting customer accounts, processing credit card payments, and collecting customer research or satisfaction surveys. They have access to the personal information needed to perform their functions.
d. Online Advertising Services
We may use third-party advertising services, like Google AdWords, Facebook Ads, Instagram Ads, or LinkedIn Ads, to deliver advertising about our products and services on our Platforms, as well as other websites and applications you use. The ads may be based on information we have collected (as outlined above) and information these advertising providers know about you based on their tracking data. The ads can be based on your recent activity or activity over time and across other sites and services and may be tailored to your interests.
e. Analytic Services
We use third-party browser and mobile analytics services, like Google Analytics information like the third-party website you arrive from, how often you visit, events within the Platforms, usage and performance data, and purchasing behavior. We use this data to improve the Platforms and provide information, products and services that may be of interest to you.
f. Law Enforcement, Legal Process and Compliance
We may disclose personal information about you (1) if we are required or permitted to do so by applicable law or legal process (such as a court order or subpoena), (2) to law enforcement authorities or other government officials to comply with a legitimate legal request, (3) when we believe disclosure is necessary to prevent physical harm or financial loss, (4) to establish, exercise or defend our legal rights, (5) in connection with an investigation of suspected or actual fraud or illegal activity or (6) otherwise with your consent.
g. Change of Ownership
We reserve the right to transfer to relevant third-parties any information we have about you in the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation) or other business combination. In such case, we will require the relevant third parties to provide comparable levels of protection as we provide with respect to the information we share.
4. KEEPING YOUR INFORMATION SECURE
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
5. YOUR RIGHTS
Under the General Data Protection Regulation, you may have a number of important rights free of charge. Please note that for each of the rights below we may have valid legal reasons to refuse your request. In such instances, we will let you know if that is the case. In summary, your rights include:
- Fair processing of information and transparency over how we use your use personal information;
- Access to your personal information and to certain other supplementary information that this Policy is already designed to address;
- Require us to correct any mistakes in your information which we hold;
- Require the erasure of personal information concerning you in certain situations;
- Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations;
- Object at any time to processing of personal information concerning you for direct marketing;
- Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you;
- Object in certain other situations to our continued processing of your personal information;
- Otherwise restrict our processing of your personal information in certain circumstances.
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individual’s rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please:
- Email, call, or write to us (see “How to Contact Us” below);
- Provide us enough information to identify you (e.g., account number, user name, registration details);
- Provide us proof of your identity and address; and
- Provide us sufficient information to which your request relates (e.g., any account or reference numbers).
- Email Communications: If you would like to unsubscribe from any email marketing communications we send you, you can click on the unsubscribe link at the bottom of the message.
- Cookies and “Do Not Track” Signals: Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies, but note that doing so does not necessarily affect third party flash cookies used in connection with the Platforms. Further information about deleting and blocking cookies can be found at http://www.allaboutcookies.org.
Many web browsers support Do Not Track technology. To learn more about Do Not Track, visit: http://www.allaboutdnt.org/
Company currently does not have the ability to recognize Do Not Track Signals.
- Information from Third Parties: To manage the information we receive about you from a social media site or other third parties, you will need to follow the instructions from that party for updating your information and changing your privacy settings, where available. The information we collect is covered by this Policy and the information the third-party collects is subject to such third party’s privacy practices. Privacy choices you have made on any third-party site will not apply to our use of the information we have collected directly through our Platforms.
6. THIRD-PARTY SITES
The Platforms may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Platforms. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links or access are provided through the Platforms. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
7. DATA TRANSFERS
We will not transfer your data to any other countries or territories.
8. DATA RETENTION
We will retain your collected data. If you wish to have your information deleted, please contact us (see “How to Contact Us” below).
9. OUR POLICY CONCERNING MINORS
Minors should not use the Platforms. If we learn that we’ve collected personal data from a minor, we will take reasonable steps to delete it. Parents who believe that Company may have collected personal information from a minor can submit a request that it be removed by contacting us (see “How to Contact Us” below).
10. NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, you have the right to request certain details about what personal information we share with third parties for those third parties’ direct marketing purposes. To submit your request, please contact us (see “How to Contact Us” below) with the phrase “California Shine the Light” and include your mailing address, state of residence, and email address.
11. CHANGES AND UPDATES TO THIS POLICY
We may change this Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Policy, and in some cases, we may provide you with additional notice (such as sending you an email notification). We encourage you to review the Policy whenever you interact with us to stay informed about our information practices and the ways you can help protect your privacy.
12. HOW TO CONTACT US
Megginson Consulting, LLC
2923 NE Broadway St, Portland, OR 97232