COACHING SPEAKING BOOK SHOP ME

TERMS OF USE

THE WILD VOICE, INC. WEBSITE TERMS OF USE

  1. BINDING EFFECT 

These website Terms of Use made by and between The Wild voice, Inc. (“the Company” or “we” or “our”) and you in your personal capacity or on behalf of an entity, as a user of www.samarabay.com (“Website”) are a binding agreement (“Terms”). These Terms apply to your use of this Website as well as any other media form connected to this website such as a mobile website or mobile application related, linked or otherwise connected to the Website. 

Additional or supplemental Terms and Conditions may be posted on our Website and are expressly incorporated into these Terms by reference. While we agree to notify you of changes to these Terms, it is your responsibility to review these Terms. 

This Website is intended for a general audience and does not contain content targeted at users under the age of 13. If you are considered a minor in the jurisdiction where you reside, you must have the permission and direct supervision of your parent or guardian while using our Website. Your parent or guardian is responsible for reading these Terms. 

  1. ACKNOWLEDGEMENT 

By accessing the Website, including any products or services offered through the Website, you agree that you have read and understood these Terms and therefore agree to be legally bound by them. If at any time you do not agree to these terms or find them unacceptable, YOU MUST IMMEDIATELY CEASE USE OF THIS WEBSITE. 

  1. PRIVACY POLICY 

Use of the Website is also governed by our Privacy Policy which is expressly incorporated into these Terms by reference. Our Privacy Policy explains what information we collect from you and how we manage that information. You can find our Privacy Policy here [hyperlink]. 

  1. DISCLAIMER: NO GUARANTEES 

WE DISCLAIM ALL WARRANTIES, INCLUDING THOSE EXPRESSED, IMPLIED OR THOSE BASED ON RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR TITLE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ACCEPT THE WEBSITE “AS IS” IN ITS CONDITION DURING THE TIME OF YOUR USE. 

YOU ARE AWARE THAT YOU RISK THE POTENTIAL FOR HARM AND ASSUME ALL RISK, DAMAGE, HARM OR LOSS, WHETHER PERSONAL, EMOTIONAL, FINANCIAL, OR OTHERWISE, DIRECT OR INDIRECT, FROM YOUR USE OR INABILITY TO USE THIS WEBSITE.

WE DO NOT WARRANT THE WEBSITE, CONTENT, PRODUCTS OR SERVICES OFFERED HEREIN WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. 

WE DO NOT WARRANT THAT THE SERVICE WILL REMAIN UNINTERRUPTED OR UNSECURED. 

WE DO NOT WARRANT THAT THE INFORMATION ON THIS WEBSITE, INCLUDING INFORMATION PROVIDED BY THIRD PARTIES, WILL ALWAYS BE CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE AS IT MAY RELATE TO OUR SERVICES, DESCRIPTIONS, PRICING, AVAILABILITY, AND OTHER INFORMATION. WE RESERVE THE RIGHT TO MAKE 

CORRECTIONS AND MODIFICATIONS AS WE SEE FIT. 

  1. USER REPRESENTATIONS 

By using the Site, you represent and warrant that: 

  1. all information you submit will be true, accurate, current, and complete; 
  2. you will maintain the accuracy of such information and update it as necessary; 3. you agree to comply with these Terms and have the legal capacity to do so; 4. you are not under the age of 13; 
  3. you are not a minor in the jurisdiction in which you reside or if you are a minor, you have received parental permission to use the Website; 
  4. you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; 
  5. you will not use the Website for any illegal or unauthorized purpose; and 8. your use of the Website will not violate any applicable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your use of the Website. 

  1. PARENT OR GUARDIAN PERMISSION 

Some of the Content on the Website may not be appropriate for children. USERS WHO ARE A MINOR IN THEIR RESPECTIVE JURISDICTIONS ARE NOT PERMITTED TO USE THE WEBSITE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. 

  1. NO PROFESSIONAL RELATIONSHIP 

Your use of this Website alone does not create a client relationship with the Company or its agents. You can only become a client of the Company by signing an agreement to receive coaching services. Additionally, There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of these Terms or your use of the Website. 

  1. PROHIBITED USE OF OUR WEBSITE

You are not permitted to access or use the Website for any purpose other than for which we make the Website available. We reserve the right to limit or restrict access to the Website if you engage in any prohibited use, including, but not limited to: 

  1. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; 
  2. attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; 
  3. interfering or attempting to interfere with service to any user, host, or network, including, 

without limitation, by means of submitting a virus to the Website, “overloading,” “flooding,” “spamming,” “mail bombing,” or “crashing”; 

  1. using the Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; 
  2. attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used to provide the Website; 
  3. uploading invalid data, viruses, spyware, worms, or other software agents; 7. collecting or harvesting any personally identifiable information, including account names, from the servers we use; 
  4. using the Website to engage in any commercial or solicitation purposes without our consent; 
  5. attempting to circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website and/or the content contained therein; 
  6. making improper use of our support services or submitting false reports of abuse or misconduct; 
  7. attempting to impersonate another user or person; 
  8. attempting to harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you; 
  9. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of it; and 
  10. using the website in violation of or attempting to violate any applicable local, state, federal or international laws, whether in whole or in part. 
  11. INTELLECTUAL PROPERTY & LICENSE 

This Website, including all proprietary property, source codes, databases, functionality, software, designs, audio, video, text, photos, images, graphics, other content, trademarks, service marks, logos, content subject to copyright protection, are owned or licensed, and controlled by the Company. The aforementioned is subject to protection by copyright, trademark, and various other intellectual property rights and laws of the United States and foreign jurisdictions. 

The content is provided as is for informational purposes and for your use of the Website. No part of this Website may be reproduced, copied, aggregated, republished, uploaded, posted, publicly

displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without the express prior written permission of the Company. 

You acknowledge that: (1) we permit access to content that is protected by copyrights, trademarks, patents and other intellectual and proprietary rights (“Intellectual Property Rights”) as necessary to use our Website; (2) this Agreement and applicable copyright, trademark and other laws govern your use of such content; and (3) any user submitted content including, without limitation, comments, likes and reactions, posts, and uploads is a grant of license from you to us for the Company’s use. 

 

The Company grants you a limited license to access and use the features of the Website as necessary for personal use or on behalf of an entity, but not for any commercial purpose. 

If you wish to make use of our content and intellectual property for commercial use or reasons not permitted by these Terms, you can request to do so by emailing us at [email protected]. We reserve the right to terminate your license at any time with notice to you. 

  1. COPYRIGHT 

All contents of the Website are: Copyright © 2022 The Wild Voice, Inc. All rights reserved. 

  1. WEBSITE ACCOUNT 

The Website has features and content only accessible to those who have been approved to create an account. If you choose to use your account and create a user name and password 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 and password. You agree to immediately notify us 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 and 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. 

  1. DIGITAL PRODUCTS 

The digital products on this Website are offered by the Company and are the exclusive property of the Company. The Company reserves the right to make available additional digital products or remove digital products as we see fit without notice to you. Purchase of digital products are subject to these Terms, the Privacy Policy [hyperlink], and the respective terms of each digital product. 

  1. REFUNDS AND SHIPPING
  • Digital Products: Given the digital nature of our downloadable products, we do not provide refunds. 
  • Services: Refunds for services offered through our Website will be determined in accordance with the terms of each service. 
  • Physical Products: Refunds for physical products are subject to our Refund, Return & Shipping Policy [hyperlink]. 
  1. THIRD PARTY LINKS 

Certain content on our Website may include materials from third parties, including partners and 

affiliates. Inclusion of, linking to, or permitting the use or installation of any third party Websites or any content does not imply approval or endorsement by the Company. If you decide to leave the Website and access third party websites or use or install any third party content, you do so at your own risk, and you should be aware these Terms no longer govern. We are not liable for any harm or damages related to goods, services, transactions, information, resources, content, or any other material made in connection with any third party websites. 

We encourage you to review each third-party’s policies and practices to make sure you understand them before you engage in any use. Complaints, claims, concerns, or questions regarding third party products, content or services should be directed to the third party. 

You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us harmless from any harm caused by your purchase of such products or services as well as any losses or harm you suffered relating to or resulting in any way from your engagement with third party websites. 

Permitted Linking 

You are permitted to link to the Website for the purpose of sharing information with others. Linking to our Website may occur in the form of a hyperlinked text so long as the hyperlink or any accompanying or related content does not imply any sponsorship or endorsement between you and the Company, misrepresent the Company and its morals, values, and purpose, or the Website, and does not constitute a violation of these Terms, including our intellectual property rights and the violation of applicable laws. We reserve the right to request any third party remove content linking the Company. 

  1. USER FEEDBACK 

In the event you voluntarily provide feedback, questions, comments, suggestions, ideas, or other information regarding the Website (“User Feedback”), in response to a request by us or otherwise, you agree that User Feedback is gratuitous and shall become the sole property of the Company. You acknowledge that your User Feedback shall not be considered confidential and that the Company is free to use your User Feedback without any compensation, consent, acknowledgement or consideration from you.

You hereby waive all rights to any submission of User Feedback, and you hereby warrant that any submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary rights. 

  1. DIGITAL MILLENNIUM COPYRIGHT ACT 

DMCA Take Down Notice 

If you have reason to believe that any content or material made available on our Website 

infringes upon any copyright owned or controlled by you, please notify us immediately by sending us an email at [email protected] with the subject line DMCA Take Down Notice so we can investigate your claim. 

Under the DMCA, your notification must include the following information: 

  1. A description of the copyrighted work and the URL where the infringing content is available; 
  2. Your contact name, email address, telephone number and mailing address; 3. A “good faith” statement that you have not authorized the copyrighted work be used; 4. A statement by you certifying the information in your notice to the Company is accurate 

and that you are the owner of the copyrighted content or authorized to act on the owner’s behalf; and 

  1. Your electronic or physical signature. 

Please note: If you make false allegations of infringement you may be held liable for damages under federal law. 

DMCA Counter Notice 

If you believe your own copyrighted material has been removed from the Website as a result of a mistake or misidentification, you may submit a written counter notification by sending us an email at [email protected] with the subject line DMCA Counter Notice so we can investigate your claim. 

Your Counter Notification must include the following information: 

  1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; 
  2. A statement that you consent to the jurisdiction of the Federal District Court where your address is located, or if your address is outside the United States, for any judicial district in which the Company is located; 
  3. A statement that you will accept service of process from the party that filed the take down notification or the party’s agent; 
  4. Your name, mailing address, and telephone number;
  5. A statement under penalty of perjury that you have a “good faith” belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 
  6. Your physical or electronic signature. 
  7. NO COMMERCIAL LICENSE 

Nothing contained on the Site should be understood as granting you a license to use, for commercial purposes any of the trademarks, service marks, or logos owned by Company or by any third party unless otherwise stated in these Terms. 

 

  1. LIMITATION OF LIABILITY 

THE COMPANY, OUR EMPLOYEES, OFFICERS, CONTRACTORS, PARTNERS LICENSORS, AND AGENTS, LIMITS ITS LIABILITY TO YOU UNDER ANY THEORY, INCLUDING CONTRACT, TORT, NEGLIGENCE OR OTHERWISE AND, AS PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE WEBSITE INCLUDING ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR SIMILAR DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF ANY FORM OF ACTION INCLUDING BREACH OF THESE TERMS. 

THE COMPANY SHALL NOT BE LIABLE FOR (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, APPLICATIONS, CONTENT OR ANY INFORMATION, MATERIALS, GOODS AND SERVICES PROVIDED BY OUR AFFILIATES, LICENSORS, USERS OR OTHER THIRD PARTIES; (III) UNAUTHORIZED ACCESS TO OR USE OF SERVERS WE USE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVERS WE USE; (V) BUGS, VIRUSES, TROJAN HORSES, SPYWARE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVERS WE USE BY ANY THIRD PARTY; OR (VI) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. 

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY CLAIMS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER. 

TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW FOR THE EXCLUSION OF LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

  1. DISPUTE RESOLUTION 

In the event a dispute arising from or related to these Terms or the use of the Website you agree to resolve the dispute in the following manner:

(1) A good faith attempt at informal dispute resolution after written notice of your dispute to the Company. An attempt at resolution will be considered “good faith” if you give written notice to the Company within 14 calendar days of learning of the reason for the dispute. 

(2) If after 45 calendar days, informal resolution is unsuccessful, you agree to mediation with a mediator agreed to by you and the Company. Mediation shall take place in the County of Los Angeles in the State of California. You will be responsible for your own costs and legal fees associated with mediation. 

(3) If after 90 days, mediation is unsuccessful you agree to arbitration with a mutually agreed upon arbitrator. 

(4) In the event litigation is the last resort for dispute resolution, you agree to waive your right to a jury trial. 

  1. CLASS ACTION WAIVER 

You agree that any claims related to or arising out of your use of the Website or these Terms will be brought on an individual basis and will remain between you and the Company on until any claims have been resolved. You agree not to bring claims as a member or representative of a purported class action claim against the Company. By agreeing to these Terms, you also agree to waive your right to a jury trial. 

  1. TERM AND TERMINATION 

These Terms remain in full force and effect during your use of the Website. 

We reserve the right to deny or revoke your access to the Website, at any time within our sole discretion, including under circumstances where we believe these Terms, our Privacy Policy [hyperlink], other terms now existing or later adopted have been violated to the extent permitted by applicable law. 

Depending on the circumstances under which your access has been revoked or denied, you may be prohibited from accessing our Website in the future on behalf of yourself, an entity, or any third party. In addition to terminating or suspending your access to the Website, we reserve the right to take legal action where we deem appropriate. 

Upon termination or suspension, you understand and acknowledge you will continue to be bound by these Terms. 

  1. MODIFICATIONS AND INTERRUPTIONS 

The Company reserves the right to amend these Terms in our sole discretion at any time and for any reason. The Company agrees to notify you of any update to these Terms on the effective date via email or other contact method store within our databases. The date of the most recent Terms can be found at the top of this page.

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems including those outside of our control or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. 

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith. 

  1. INDEMNIFICATION 

You agree to indemnify, defend and hold harmless the Company from any claim or demand, 

including reasonable attorneys’ fees, arising out of or related to your use of the Website, your violation of these Terms and the documents or policies they incorporate by reference, your violation of any law or the rights of a third party, your breach of any representations and warranties, or any harmful act toward any user of the Website with whom you are connected through the Website. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

The User agrees to indemnify the Company when a dispute arises that is the user’s fault. The Company also has the right to take over the defense of the issue and the user agrees to cooperate in resolving the issue and paying for the related costs. 

  1. GOVERNING LAW 

The Terms, your use of the Website, and any claims related to or arising out of your use of the Website are governed in accordance with the laws of the state of California and the laws of the United States of America. When using this Website, you are responsible for compliance with applicable local, state, federal, and international laws. 

  1. ACCESS OUTSIDE OF THE UNITED STATES 

If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of that foreign jurisdiction and all applicable laws. You acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with these Terms and our Privacy Policy [hyperlink]. Anyone accessing your website outside of the US is responsible for complying with that outside law and should understand that their personal information can still be collected. 

  1. STATE USE ONLY

The Website is controlled and operated by the Company from its offices in the State of California. The Company makes no guarantee that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. 

Your use of or access to the Website should not be construed as the Company purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. Just because someone from outside of California uses the website doesn’t mean the Company is purposefully subjecting themselves to the laws of that outside state or location. 

While the Website can be accessed by persons worldwide, the Company intends for its Website and the services and products offered through their Website to be of benefit to persons residing in the United States. 

  1. NOTICES 

Any notices required by these Terms shall be made in writing and sent to [email protected]. 

  1. WAIVER 

No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by the Company. 

If you want to waive any of these terms (for example, you decide to provide a refund for a digital product) then that needs to be done in writing. Email suffices as a writing. 

  1. NO ASSIGNMENT 

These Terms, and any rights and licenses granted herein, may not be transferred or assigned by you, but may be transferred and assigned by the Company without your consent. Any attempted transfer or assignment by you in violation of these terms shall be null and void. The rights and duties under this agreement can’t be transferred by the User to another person or entity; but (since this is your house) you can transfer this agreement without the User’s consent (for example, if you sold the business to another person or changed ownership structure of your business). 

  1. ATTORNEYS’ FEES 

The parties shall be responsible for their own attorneys’ fees. 

  1. SEVERABILITY 

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. If anything in these terms is found to be invalid (for example, if the law around section 22 changes and these terms haven’t been updated to reflect that) then it’s only that part that is invalid, the rest of the agreement is fine. 

  1. SECTION HEADINGS

The section headings in these Terms are for organizational purposes only and do not have any substantive meaning or interpretive value. 

  1. DRAFTING 

You agree that these Terms shall not be construed against the Company by virtue of having drafted them. Just because you drafted the agreement doesn’t mean the terms and conditions should be interpreted against your interest. 

  1. ENTIRE AGREEMENT 

These Terms and any policies or operating rules posted by us on this website, which are incorporated by reference herein, constitute the entire agreement between you and us. Any prior or other agreements, whether oral or written, between you and us is superseded by these Terms. Nothing outside of the “four corners” of this agreement will have an impact on what is stated above. 

  1. CONTACT 

For questions, complaints, or more information about the Website or these Terms, please contact us at: 

The Wild Voice, Inc. 

16133 Ventura Blvd, #520 

Encino, CA 91936 

[email protected]