Terms of Use — Cathy Segal Garcia

Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services.

By purchasing, accessing or using our Products, Programs and Services, you agree to the follow terms and conditions:

Our Products, Programs and Services are owned and operated by Cathy Segal-Garcia, Owner, of Cathy Segal-Garcia Coaching (“Company”, “we”, “us”). Our Company Terms of Use state how purchaser and/or user (“Client”, “you”, “they”) may use any or all of our Products, Programs and/or Services including Program Materials and Content.

USE AND CONSENT

By purchasing or using any of any of our Products, Programs and Services, Client agrees to abide by all policies and procedures set forth in Terms of Use, and acknowledges Client is legally bound by them, as a condition of participation in our Products, Programs and/or Services. Accessing, purchasing or using any of our Products, Programs and/or Services and Program Materials, in any manner, constitutes use and your agreement to be bound by Terms of Use.

All of Company Products, Programs and/or Services and Program Materials are intended solely for users who are eighteen (18) years of age or older. Any registration, purchase, use of or access to any Products, Programs and/or Services and Program Materials by anyone under the age of eighteen (18) is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Products, Programs and/or Services or Program Materials, you represent and warrant that you are at least eighteen (18) years old.

DISCLAIMER

Client understands Cathy Segal-Garcia (herein referred to as “Consultant” “Coach” or “Cathy”), is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands their participation in Company Products, Programs and Services will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.

Our Products, Programs and/or Services and Program Materials are for informational and educational purposes only and do not provide business, financial, legal, medical, psychological or religious advice. To the fullest extent of the law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by Client or others in connection with our Products, Programs and/or Services and Program Materials, including without limitation any liability for any incidental, consequential, indirect, special, or punitive damages (including but not limited to lost profits, business opportunity, personal relationships with relatives, friends, lovers, or other affiliates of Client, business interruption or any other loss, pecuniary or otherwise, and including any such alleged to result from Consultant or Company’s performance of obligations under Terms of Use.

Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis; (4) guarantee a particular result, positive or negative, financial or otherwise, through the use of Company’s Products, Programs and/or Services and Program Materials. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.

WARRANTIES DISCLAIMER. COMPANY MAKES NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

TECHNOLOGY DISCLAIMER. We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.

ERRORS AND OMISSIONS. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

CONFIDENTIALITY

Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it, with certain exceptions. The exceptions are usually extreme, such as being dangerous to yourself or others, being seriously disabled or where child or elder abuse is involved. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group coaching calls, from the forum or otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.

Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party.

Further, by signing below you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

FACEBOOK FORUM

If Client elects to join the private Facebook Forum associated with Products, Programs and/or Services and Program Materials, Client agrees to be bound by Facebook’s privacy policy and terms/conditions. Client understands that Company is NOT responsible and will not be held liable for what happens to any and all information submitted by Client on Facebook.

NON-DISCLOSURE OF COACHING MATERIALS

Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed solely and specifically for Company. Original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction and sale by Client to a third party is strictly prohibited.

INTELLECTUAL PROPERTY RIGHTS

Company’s Products, Programs and/or Services and Program Materials are our property and/or affiliates or licensors, are protected by copyright, trademark, and other intellectual property laws. The content in Company Products, Programs and/or Services and Program Materials is solely owned by or licensed to us, unless otherwise indicated. Products, Programs and/or Services and Program Materials including content that is provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s personal or business purposes. No license to sell or distribute Company’s Products, Programs and/or Services and Program Materials is granted or implied.

Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.

Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

CLIENT RESPONSIBILITY

Company’s Products, Programs and/or Services and Program Materials are developed for strictly educational purposes ONLY. Client accepts and agrees that Client is fully and one-hundred percent (100%) responsible for their progress and results from Products, Programs and/or Services and Program Materials. Company makes no representations, warranties or guarantees verbally or in writing. Client understands the results experienced by each client may significantly vary. Client acknowledges there is no guarantee that Client will reach their personal or business goals as a result of participation in the Program.

CLIENT LICENSE

By posting or submitting any material on or through our Products, Programs and/or Services and Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Products, Programs and/or Services and Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Products, Programs and/or Services and Program Materials at any time for any reason whatsoever.

MEDIA RELEASE

By participating in our Products, Programs and/or Services and using our Program Materials, including, but not limited to, our Facebook page and/or Facebook community, Client consents to photographs, videos, and/or audio recordings that may be made that may contain Client’s voice and/or likeness. In our sole discretion, we reserve the right to use these photographs, videos and/or audio recordings and/or any other materials submitted by you to us in connection with your participation in our Products, Programs and/or Services in our current or future Products, Programs and/or Services, and/or marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

REQUEST FOR PERMISSION TO USE CONTENT

Any request to use our Products, Programs and/or Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us, must be made in writing, prior to any requested use occurring. Requests should be submitted via email to Cathy[at]cathysegalgarcia.com or by using the Contact Us form on cathysegalgarcia.com. Client understands that the submission of a request does not equal permission granted. Client may not use Company Products, Programs and/or Services or Program Materials, in whole or in part, in any way that is contrary to Terms of Use unless Company provides specific written permission to do so. If Client is granted permission by Company, Client agrees to use only the material permission granted for and only in the ways Company has granted written permission for. If material is used in ways Company has not provided written permission for, Company will respond as if Client has copied, duplicated, and/or stolen material from Company and you consent to immediately stop using material immediately, otherwise Company will use any actions or methods deemed necessary to protect Company intellectual property and ownership rights in our Products, Programs and/or Services or Program Materials.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

FORCE MAJEURE

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

SEVERABILITY/WAIVER

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

MISCELLANEOUS

COMMUNICATION GUIDELINES

If you have a question or concern about your Programs, Products, Services, or Program Materials, you may send an e-mail to Cathy@Cathysegalgarcia.com and we will do our best to reply to your question or concern promptly.

PURCHASES AND ONLINE COMMERCE

If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Program, Product or Service will be put on hold until payment is made.

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.

All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

REFUND POLICY

Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.

TERMINATION

We reserve the right in our sole discretion to refuse or terminate your access to the Website, Program, Product or Service and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these Terms with respect to the Website, Program, Product or Service and its Content will still apply now and in the future, even after termination by you or us.

LIMITATION OF LIABILITY

Client agrees they use Company’s services at their own risk and that Products, Programs and/or Services or Program Materials is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from Client participation in the Products, Programs and/or Services or Program Materials. Client accepts any and all risks, foreseeable or unforeseeable.

Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use, misuse, non-use or any actions, decisions or results based on Company’s services or enrollment in the Products, Programs and/or Services or Program Materials. Company assumes no responsibility for errors or omissions that may appear in any of the Products, Programs and/or Services or Program Materials.

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.

Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

ASSIGNMENT

This Agreement may not be assigned by either party without express written consent of both parties.

TERMINATION

Company is committed to providing all clients in the Program with a positive Program experience. Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Products, Programs and/or Services or Program Materials without refund or forgiveness of monthly payments if Client become disruptive to Company or Participants, difficult to work with or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

INDEMNIFICATION

Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

RESOLUTION OF DISPUTES

In the event of a dispute, if not resolved first by good-faith negotiation between the parties within a reasonable time, the only method of legal dispute resolution for every controversy or dispute relating to this Agreement will be binding arbitration, before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules, rather than jury trials, and limit the remedies available to you. Client understands and agrees that the only remedy that can be awarded to Client through arbitration is a full refund of payment made by Client to date. No other actions or financial awards or damages of any type may be awarded to Client. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely final, binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees. Client fully understands and agrees that by enrolling in, purchasing and/or using any of our Products, Programs or Services, that Client is waiving certain legal rights and is voluntarily agreeing to do so. Client agrees that should arbitration occur, it will be held in Los Angeles County, in the State of California.

In the event of a dispute between Company and Client, Client agrees to not engage in any conduct or communications, public or private, including on social media, in print or word of mouth, designed to disparage us, our Company, or any of our Programs, Products or Services.

EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

NOTICES

Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: Cathy[at]Cathysegalgarcia.com

CONFIDENTIALITY AND PRIVACY

CONFIDENTIAL INFORMATION

To use our Programs, Products, Services or Program Materials, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Programs, Products, Services or Program Materials (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and our full Privacy Policy which may be found on our Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.

WHAT WE DO WITH CONFIDENTIAL INFORMATION

We request and require various personal data and/or Confidential Information to understand Client needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products, Services or Program Materials, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Program Materials.

STORAGE

All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.

CONFIDENTIALITY AND DISCLOSURE

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms of Use and Privacy Policy and our Disclaimer, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.