THEMELIOS COACHING LLC PRIVACY POLICY AND TERMS AND CONDITIONS OF USE

This privacy policy and terms and conditions of use explains how Themelios Coaching LLC (THML) uses the personal data we collect from you when you use our website and an Agreement as to the terms and conditions for the use of our websites, social media accounts, emails, blogs, and other media. THML does not sell, rent or lease its customer lists to third parties.

PRIVACY POLICY

Topics:

  • What data do we collect?
  • How do we collect your data?
  • How will we use your data?
  • How do we store your data?
  • Marketing
  • What are your data protection rights?
  • What are cookies?
  • How do we use cookies?
  • What types of cookies do we use?
  • How to manage your cookies
  • Privacy policies of other websites
  • Changes to our privacy policy
  • How to contact us
  • How to contact the appropriate authorities

What data do we collect?

THML collects the following data:  Personal identification as may be provided by you, such as name, address, email, telephone number.

How do we collect your data?

You directly provide THML with any personal information and most of the other data we collect. We collect data and process when you:

  • Register online or provide email and contact information for any free or paid product or service
  • Voluntarily complete a survey, questionnaire, or provide feedback by email or message boards
  • Use or view our website via your browser’s cookies

How will we use your data?

THML collects your data so that we can:

  • Process your order, manage your account, and provide services
  • Email you in the course of providing requested services and provide special offers or advise you of new services
  • Exchange information with financial service providers such as banks or credit card merchants as necessary to complete banking, credit card, or other financial transactions

How do we store your data?

THML does not store credit card or bank information. Such information may be stored by third party merchant services such as STRIPE, PAYPAL, or SQUARE. Your contact information that we collect is stored in a secure cloud storage site provided by reputable third-party service vendors.

Marketing

We will contact you from time to time about the services or products that we offer. We do not share your information with others except for parties that provide confidential analysis services for our internal purposes.

What are your data protection rights?

Every user is entitled to the following:

  • The right to access: you may request a copy of the your personal information. We may require a small fee for this service.
  • The right to rectification: you have the right to request that THML correct any information that you believe to be inaccurate. You also have the right to request THML to complete information that you believe is incomplete.
  • The right to erasure: you have the right to request that THML erase your personal data, under certain conditions.
  • The right to restrict processing: you have the right to request that THML restrict the processing f your personal data, under certain conditions.
  • The right to object to processing: you have the right to object to THML’s processing of your personal data, under certain conditions.
  • The right to data portability: you have the right to request that THML transfer the data that we have collected to another organization, or directly to you, under certain conditions.
  • If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: info@thmlcoaching.com or write to us at THML coaching, 11019 Zumbrota CT NE, Blaine MN 55449

What are cookies?

Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.  For further information, visit www.allaboutcookies.org

How do we use cookies?

THML uses cookies in a range of ways to improve your experience on our websites, including:

  • Keeping you signed in
  • Understanding how you use our website
  • Recognizing the source that directed you to our website

What types of cookies do we use?

There are various types of cookies, and our website may use one or more of:

  • Functionality: THML uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and your location. A mix of first-party and third-party cookies may be used.
  • Traffic analysis: THML uses these cookies to collect information about your visit to our website, the content that you viewed, the links you followed and information about your browser, device, and IP address. THML sometimes shares aspects of this data with service providers that analyze our web traffic so we can improve our marketing and user experiences.

How to manage cookies

You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

Child Privacy

If you are under the age of 18, please do not use or access the Website. It is not our intention to collect or use personal information from anyone under 18 years of age, and we will not knowingly do so. If we are made aware that we have collected any personal information from children under the age of 18 and are asked to delete such information from our system, we will promptly do so.

Privacy policies of other websites

The THML website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.


TERMS AND CONDITIONS OF USE

This Terms of Use Agreement (this "Agreement") is a legal agreement between you and THML governing your use of our website thmlcoaching.com or tmlcoaching.com (the “Website”). By using or accessing the Website or downloading materials from the Website, you agree to be legally bound by this Agreement.

Authorized Use

While using the Website, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Website for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Website or any other user's use of a Website. In addition, we expect users of the Website to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:

  • Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through a Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
  • Reproduce, duplicate or copy any portion of a Website, except as authorized by this Agreement;
  • Sell, resell or otherwise exploit for any commercial purposes, the use of or access to a Website or any portion thereof without the prior written consent of THML;
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Website, or express or imply that we endorse any statement you make;
  • Violate or attempt to violate the security of a Website;
  • Disseminate on a Website any viruses, worms, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
  • Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on a Website or to collect any information from a Website or any other user of a Website; or
  • Assist or permit any persons in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the Websites.

Intellectual Property Rights

All content ("Content") available through the Website is protected by copyrights, trademarks or other proprietary rights and laws. Except as set forth herein or otherwise agreed in writing by the THML or other rights owner(s), the use of any Content available on a Website is strictly prohibited. Prohibited uses include photocopying or emailing materials provided to you by THML directly, as a Secure User, or by public access to the Website.

Any rights not expressly granted herein are reserved.

User-Submitted Information

You are responsible for any Content you transmit through our Websites. You agree, represent and warrant that any Content you transmit through our Websites or to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Content. You shall not upload, post or otherwise make available on or through a Website any Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from such a submission.

We do not want you to, and you should not, send any confidential or proprietary Content to us unless (a) transmitted pursuant to THML’s coaching services after purchasing one or more such services from us or (b) specifically requested by us.

Secure User Accounts

Certain portions of our Websites are accessible only to users who have been granted access and given a private link and/or login credentials ("Secure Users"). If you are a Secure User, you agree to accurately maintain and update any information about yourself and your account that you have provided to THML.

You further agree that you are responsible for all activities that occur under your Secure User account. You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties. You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to a Website by emailing us at info@thmlcoaching.com.

THML reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Websites and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

Changes to the Website

We may make improvements and/or changes to the Website, add or remove features, or terminate the Website at any time without notice. We (a) reserve the right (but have no obligation) to change the Content or other offerings on the Website, at any time without any notice or liability to you or any other person; and (b) do not warrant that information on the Website is accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Third Party Content

Any information, statements, opinions or other Content provided by third parties and made available on our Websites are those of the respective author(s) and not THML. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any information, statement, opinion or other Content on our Websites other than from an authorized THML representative acting in his or her official capacity. Under no circumstance will THML be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.

Links to third party websites

THML may provide on the Websites, solely as a convenience to users, links to websites operated by third parties. If you use these links, you will leave our Websites. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. THML does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that THML is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of THML.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

Social Media Pages

THML may maintain a presence on social media websites, including Facebook, YouTube, LinkedIn and Twitter (collectively, "Social Media Pages"), to provide a place for the public to learn more about the THML and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of the THML. All visitors to our Social Media Pages must comply with the respective social media website's Terms of Use. We review some but not all postings to our Social Media Pages, and may remove postings that we determine are inappropriate or offensive.

Notice of Copyright Infringement

If you believe that any Content on a Website infringes upon any copyright which you own or control, you may send a written notification, including the specific details of the alleged infringement and contact information for the putative copyright owner to: info@thmlcoaching.com

Other policies and terms

This Agreement applies exclusively to your access to and use of the Websites and does not alter in any way the terms or conditions of any other agreement or regulatory obligation you may have with THML. Additional policies and terms may apply to use of all or portions of the Websites and are incorporated by reference into this Agreement. Please refer to and review all additional specific terms and conditions as applicable, including THML's Privacy Policy, which describes how we collect and use information on and through the Websites.

Termination

The Websites and this Agreement are in effect until terminated by THML. In addition to any right or remedy that may be available to THML under applicable law, and subject to regulatory requirements, THML may suspend, limit or terminate all or a portion of your access to the Websites or any of their features at any time with or without notice and with or without cause, including without limitation, if THML believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, user-submitted information, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.

You agree that if your use of the Websites is terminated pursuant to this Agreement, you will not attempt to use a Website under any name, real or assumed. You further agree that if you violate this restriction after your use of the Websites is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor.

Disclaimers of warranty

THML DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE WEBSITES OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITES IS DONE AT YOUR OWN RISK. THE CONTENT OF THE WEBSITES IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THML DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Limitation and liability

THML AND EACH OF ITS BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, THE "RELEASEES") WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITES, THE WEBSITES' CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYs IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURES. THE RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASEES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnity

You agree to indemnify and hold harmless THML and its Board members, directors, officers, employees, agents and contractors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of this Agreement; (b) your activities in connection with the Websites; or (c) unsolicited information you provide to THML through the Websites.

Consent to Communication

If you provide us with a telephone number or email address, you expressly agree that we, or our authorized agents, can use that number or email address to contact you.

When you use the Websites or send emails to THML, you are communicating with THML electronically. You consent to receive electronically any communications related to your use of the Websites. We may communicate with you by email or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from THML intended for receipt by a user in connection with the Websites shall be deemed delivered and effective when sent to the email address provided by the user on or through the Websites.

Effect of invalidity

In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of this Agreement shall remain effective.

Waivers

No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

International Users

The Websites are controlled, operated and administered by THML from its offices within the United States of America and are not intended to subject THML to the laws or jurisdiction of any state, country or territory other than that of the United States. THML DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Websites do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.

Choice of Law

You agree that any dispute in connection with the Websites, this Agreement or the Privacy Policy will be governed by the laws of the State of Minnesota and the United States of America. You also consent to the adjudication of any disputes arising in connection with the Websites in the state and federal courts located in the State of Minnesota.

Changes to our privacy policy and terms and conditions

THML places any updates to its privacy policy and terms and conditions on this webpage, which was last updated December 13, 2019.

How to contact us

If you have any questions about THML’s privacy policy and terms and conditions of use, your personal data, or you would like to exercise one of your data protection rights, please email us at our email: info@thmlcoaching.com or write to us at THML coaching, 11019 Zumbrota CT NE, Blaine MN 55449.