TERMS OF USE

Drive Your Journey LLC (the “Company”, “us”, “we”, or “our”) offers this website at www.practicingwhileblack.com (the “Website”), including all materials, information, software, products, and services included in or available through or by this Website (the “Content”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing, visiting, purchasing from, or using any part of the Website, you agree to be bound by the following terms and conditions (“Terms of Use”), including those additional terms, conditions, and policies referenced within this Website or available by hyperlink. These Terms of Use are subject to change by us at any time and at our discretion without notice. Your use of this Website after any changes are implemented means that you agree and accept the changes. As a result, we encourage you to consult the Terms of Use each time you use this Website.

AGE REQUIREMENT

By accessing this Website, you represent that you are at least 18 years of age, and you have the required power and authority to agree to these Terms of Use.

INTELLECTUAL PROPERTY

Content is solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You acknowledge and agree that all Content and any trade names on this Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other intellectual property or proprietary rights and laws. Except as expressly authorized by Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Website is strictly prohibited without the express written permission of Company. For information on requesting such permission, please contact us at hello@pwbvoices.com.

MODIFICATION TO CONTENT

At any point, we may discontinue, limit, or otherwise prevent the sale of, access to, or use of Content. We may exercise this right on a case-by-case basis. Descriptions of products and/or pricing are subject to change without prior notice at anytime. Any offer for any Content is void where prohibited.  We reserve the right at any time to change the price of Content. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Content. You are responsible for monitoring changes to this Website.

THIRD PARTY REFERENCES / LINKS

This Website may link you to other sites on the Internet. These other Websites are not under the control of Company, and you acknowledge that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.

CANCELLATIONS OR RESTRICTIONS ON ORDERS

We reserve the right to limit or prohibit orders which, in our sole judgment, appear to be placed by individuals or businesses attempting to resell our Content including, but not limited to, resellers or distributors. Please note, if we make a change to or cancel an order, we may attempt to notify you by email. You must provide current, complete and accurate contact, billing, and account information for all items sold to your via our Website. You agree to promptly update your account, email address, so we can complete your transactions.

REFUND POLICY

Refunds are provided within thirty (30) days of purchase unless otherwise indicated. For a refund, please reach out to use at hello@pwbvoices.com.

COMMENTS & FEEDBACK

If you send responses, ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium and in any manner any Comments that you forward to us.

We are and shall be under no obligation:

  1. To maintain any comments in confidence;

  2. To pay compensation for any Comments; or

  3. To respond to any Comments.

You agree to the following statements:

  1. Your Comments will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary right.

  2. Your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could impact the operation of this Website (or a related website) or the delivery of any product or service.

  3. You will not use a fake or false e-mail address, pretend to be someone, or mislead us or third-parties regarding the origin of any Comments.

  4. You are solely responsible for any Comments you make and their accuracy.

TAKEDOWN REQUESTS

If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a takedown request to hello@pwbvoices.com.

NO WARRANTIES; LIMITATION ON LIABILITIES

ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

The Content is provided for general information only and should not be relied upon or used as the only basis for making decisions without consulting primary, more accurate, complete or timely sources of information, which may include a financial advisor or attorney. The Company makes no guarantees regarding the results that you will see from using the information provided on the Website.

Company, its directors, officers, members, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall not be liable for any injury, loss, or claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any Content  or access to the Website, or for any other claim related in any way to your use of any Content or access to the Website, including, but not limited to, any errors or omissions in any Content, even if advised of their possibility.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company and our subsidiaries, affiliates, partners, officers, members, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, your use of any Content, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use and such severance shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and related documents represent the entire agreement and understanding between you and Company and govern your use of the Content and access to the Website. These Terms of Use supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

GOVERNING LAW; DISPUTES

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.  In the event that a dispute arising under these Terms of Use has not been resolved by you and us in good faith discussions, you hereby consent to binding arbitration in Hampden County, Massachusetts to resolve any disputes arising under these Terms of Use.  Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  You agree that you may bring claims against Company only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.

NO ATTORNEY-CLIENT RELATIONSHIP FORMED

BY ACCESSING THIS WEBSITE OR PURCHASING CONTENT, INCLUDING, WITHOUT LIMITATION, SERVICES, FROM US, YOU ARE NOT ENTERING INTO AN ATTORNEY-CLIENT RELATIONSHIP WITH THE COMPANY. AT NO POINT DURING YOUR ACCESS TO THE WEBSITE OR PURCHASE OF CONTENT, INCLUDING, WITHOUT LIMITATION, SERVICES, WILL YOU FORM AN ATTORNEY-CLIENT RELATIONSHIP. CLICKING PURCHASE OR A SIMILAR BUTTON TO INITIATE A SALE THROUGH THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP WITH THE COMPANY. This Website and all Content are for educational purposes only.

PRIVACY

For details regarding how we protect your information, please see our Privacy Policy located at https://practicingwhileblack.com/privacy-policy. By accessing the Website and purchasing or using the Content, you consent to our collection and use of your information as outlined in our Privacy Policy.

CONTACT INFORMATION

Please contact us at hello@pwbvoices.com for questions related to these Terms of Use.

Last updated: April 7, 2019