Terms and Conditions

General

This website (the “site”) is owned and operated by Julia Pimsleur d/b/a “Fortes Foruna, LLC" (“COMPANY,” “we” or “us”). By using the site, you agree to be bound by these Terms of Service and to use the site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the site or to products and services available through the site or from COMPANY. Accessing the site, in any manner, whether automated or otherwise, constitutes use of the site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the site after we post any such changes you accept the Terms of Service.

Intellectual Property Rights & Our Limited License to You:

This site and all the materials available on the site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The site is provided solely for your personal noncommercial use. You may not use the site or the materials available on the site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the site. You may, however, from time to time, download and/or print one copy of individual pages of the site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us: 

By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a 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 material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.  As such, the copyrights in those works shall belong to COMPANY from their creation.  Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines.  In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing:

 

You may establish a hypertext link to the site so long as the link does not state or imply any sponsorship of your site by us or by the site. However, you may not, without our prior written permission, frame or inline link any of the content of the site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers:

Throughout the site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the site or on websites linked to by us on the site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE site AND BY COMPANY AND ANY THIRD-PARTY siteS 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 AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE site OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS site, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, 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 THE site OR MATERIALS ON THIS site OR ON THIRD-PARTY siteS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce:

Certain sections of the site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the site or on a site linked to by the site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional 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 and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the site.

Your participation, correspondence or business dealings with any third party found on or through our site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the site. You agree to use the site and to purchase services or products through the site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Interactive Features:

This site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the site, or sent via any email services on the site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the site. It is a condition of your use of the site that you do not:

• Restrict or inhibit any other user from using and enjoying the site.
• Use the site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the site.
• Use the site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the site, or any account, computer system, or network connected to this site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this site.
• Use the site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the site.

COMPANY may host message boards, chats and other public forums on its sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration:

To access certain features of the site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords:

To use certain features of the site, you will need a username and password, which you will receive through the site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability:

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE site, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE site, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE site, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE site, OR WITH ANY OF THE site’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE site AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

PARTICIPANT acknowledges and agrees that no representation has been made by the Company OR ITS AFFILATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in any programs.

Termination:

We may cancel or terminate your right to use the site or any part of the site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other:

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

The company's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached here.

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY.  Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York and any dispute shall be subject to binding arbitration in New York county. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Terms of Participation

Cooperation:

We are committed to providing all participants in our programs with a positive experience. Thus, we may, at our sole discretion, limit, suspend, or terminate your participation in any programs without refund or forgiveness of remaining monthly payments if:

• you become disruptive or difficult to work with;
• you fail to follow the Program guidelines; or,
• you impair the participation of Program instructors or participants in the Program.

Terms of Payment:

The financial accounts for all participants in our programs must be current.  In the event a participant seeks to purchase additional programs while his or her account is delinquent, any payments made will applied first to any past monies owed and then to the new purchase.

Privacy Policy

Background:

This company understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our sites and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.

This Policy applies to Our use of any and all data collected by us in relation to your use of Our sites. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our site. If you do not accept and agree with this Privacy Policy, you must stop using Our site immediately.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings: “Account” means an account required to access and/or use certain areas and features of Our site; “Cookie” means a small text file placed on your computer or device by Our site when you visit certain parts of Our site and/or when you use certain features of Our site. Details of the Cookies used by Our site are set out in section 12, below;] “Our site” means this website and mdwmasterclass.com; “EU Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015; and] “We/Us/Our” means juliapimsleur.com, mdwmasterclass.com, Julia Pimsleur, and Fortes Fortuna, LLC.

2. Information About Us

2.1 Our sites are owned and operated by Julia Pimsleur. 2.2 We can be contacted at http://www.juliapimsleur.com/contact/

3. Scope – What Does This Policy Cover?

This Privacy Policy applies only to your use of Our sites. It does not extend to any websites that are linked to from Our sites (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

4. What Data Do We Collect?

Some data will be collected automatically by Our site for further details, please see section 12 on Our use of Cookies [and Our Cookie Policy Insert Link, other data will only be collected if you voluntarily submit it and consent to Us using it for the purposes set out in section 5, for example, when signing up for an Account. Depending upon your use of Our site, We may collect some or all of the following data: 4.1 Name; 4.2 contact information such as email addresses and telephone numbers; 4.3 demographic information such as post code, preferences and interests; 4.4 financial information such as credit / debit card numbers; 4.5 IP address (automatically collected); 4.6 web browser type and version (automatically collected); 4.7 operating system (automatically collected); 4.8 a list of URLs starting with a referring site, your activity on Our site, and the site you exit to (automatically collected);

5. How Do We Use Your Data

? 5.1 All personal data is stored securely in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). For more details on security see section 6, below. 5.2 We use your data to provide the best possible products and services to you. This includes: 5.2.1 Providing and managing your Account; 5.2.2 Providing and managing your access to Our site; 5.2.3 Personalising and tailoring your experience on Our site; 5.2.4 Supplying Our products and services to you; 5.2.5 Personalising and tailoring Our products and services for you; 5.2.6 Responding to communications from you; 5.2.7 Supplying you with email e.g. newsletters, alerts etc. that you have subscribed to (you may unsubscribe or opt-out at any time by clicking the unsubscribe link on the email;) 5.2.8 Market research; 5.2.9 Analysing your use of Our site and gathering feedback to enable Us to continually improve Our site and your user experience; 5.3 In some cases, the collection of data may be a statutory or contractual requirement, and We will be limited in the products and services We can provide you without your consent for Us to be able to use such data. 5.4 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email with information, news and offers on Our products AND/OR services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015. 5.5 Advertisers whose content appears on Our site may engage in what is known as “behavioural advertising” – advertising which is tailored to your preferences, based on your activity. Your activity is monitored using Cookies, as detailed below in section 12. You can control and limit your data used in this way by adjusting your web browser’s privacy settings. Please note that We do not control the activities of such advertisers, nor the information they collect and use. Limiting the use of your data in this way will not remove the advertising, but it will make it less relevant to your interests and activities on Our site. 5.6 Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies: a) you have given consent to the processing of your personal data for one or more specific purposes; b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract; c) processing is necessary for compliance with a legal obligation to which we are subject; d) processing is necessary to protect the vital interests of you or of another natural person; e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

6. How and Where Do We Store Your Data?

6.1 We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it. In any event, We will conduct an annual review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it in accordance with the terms of our Data Retention Policy. 6.2 [Some or all of your data may be stored or transferred outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland and Liechtenstein). You are deemed to accept and agree to this by using Our site and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Model Contractual Arrangements. 6.3 Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our site. 6.4 The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we incorporate standard industry practices internally and with our services providers, which we believe is sufficient for the information involved, we cannot guarantee its absolute security. Because we work with third-party businesses and vendors in various aspects of our business including operating this website, database management, website security, etc., we cannot guarantee the absolute security of our databases, nor can we guarantee that the Information you supply will not be intercepted while being transmitted to and from us over the Internet. Any information that you provide to us via email should be treated with extra caution, as we cannot control the level of security available through email providers.

7. Do We Share Your Data?

7.1 We may contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law. 7.2 We may compile statistics about the use of Our site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law. 7.3 In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.

8. What Happens If Our Business Changes Hands?

8.1 We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us. 8.2 In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will however, be given the choice to have your data deleted or withheld from the new owner or controller.

9. How Can You Control Your Data?

9.1 When you submit information via Our site, you may be given options to restrict Our use of your data. We aim to give you strong controls on Our use of your data including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details. 9.2 You may also wish to sign up to one or more of the preference services operating in Canada: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

10. Your Right to Withhold Information and Your Right to Withdraw Information After You Have Given it

10.1 You may access certain areas of Our site without providing any data at all. However, to use all features and functions available on Our site you may be required to submit or allow for the collection of certain data. 10.2 You may restrict your internet browser’s use of Cookies. For more information, see section 12. 10.3 You may withdraw your consent for Us to use your personal data as set out in section in 5 at any time by contacting Us using the details set out in section 15, and We will delete Your data from Our systems. However, you acknowledge this may limit Our ability to provide the best possible products and services to you.

11. How Can You Access Your Data?

You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact us for more details, using the contact details below in section 15.

12. Cookies

Our site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our site and to provide and improve Our products and services. By using Our site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. We use third party Cookies on Our site for [Insert description of use of third party cookies, e.g. advertising services]. In addition, Our site uses analytics services provided by Google Analytics, which also use Cookies. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling Us to better understand how people use Our site.

13. Summary of Your Rights under GDPR

Under the GDPR, you have: 13.1 the right to request access to, deletion of or correction of, your personal data held by Us; 13.2 the right to complain to a supervisory authority; 13.3 be informed of what data processing is taking place; 13.4 the right to restrict processing; 13.5 the right to data portability; 13.6 object to processing of your personal data; 13.7 rights with respect to automated decision-making and profiling (see section 14 below). To enforce any of the foregoing rights or if you have any other questions about Our site or this Privacy Policy, please contact Us using the details set out in section 15 below.

14. Automated Decision-Making and Profiling

14.1 In the event that We use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on You, You have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from Us. 14.2 The right described in section 14.1 does not apply in the following circumstances: a) The decision is necessary for the entry into, or performance of, a contract between the You and Us; b) The decision is authorised by law; or c) You have given you explicit consent. 14.3 Where We use your personal data for profiling purposes, the following shall apply: a) Clear information explaining the profiling will be provided, including its significance and the likely consequences; b) Appropriate mathematical or statistical procedures will be used; c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

15. Contacting Us

If you have any questions about this Privacy Policy, please contact us via email at http://www.juliapimsleur.com/contact with “Privacy Policy” in the subject line.

16. Changes to Our Privacy Policy

We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our site following the alterations. We recommend that you check this page regularly to keep up-to-date.

General:

This website (the “site”) is owned and operated by Julia Pimsleur d/b/a “Fortes Fortuna, LLC” (“COMPANY,” “we” or “us”). By using the site, you agree to be bound by these Terms of Service and to use the site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the site or to products and services available through the site or from COMPANY. Accessing the site, in any manner, whether automated or otherwise, constitutes use of the site and your agreement to be bound by these Terms of Service. We reserve the right to change these Privacy & Confidentiality Policy Terms or to impose new conditions on use of the site, from time to time, in which case we will post the revised Privacy Policy on this website. By continuing to use the site after we post any such changes, you accept the Terms of this Privacy & Confidentiality, as modified.

Privacy & Confidentiality Policy

We respect your privacy and must insist that you respect the privacy of fellow Program participants. We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow Program participants and of the Company.

Thus, you agree:

• not to infringe any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;
• that any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;
• not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;
• that all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
• the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
• that if you violate or display any likelihood of violating any of your agreements contained in this paragraph, 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.

While you are free to discuss your personal results from the Company's programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.

Content:

• Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, therapy or counseling tailored to any individual.
• All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by the Company, or any designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.
• Program content is for personal use only, and may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of the Company, or its designated agent.
• The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
• There is no guarantee, express or implied, that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the efforts and skills of the person applying all or part of the concepts, ideas and strategies contained in our course materials.
• The Company and its officers, directors and trainers disclaim any warranties (express or implied), of merchantability, or fitness for any particular purpose. The Company shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided “as is”, and without warranties.
• We assume no responsibility for errors or omissions that may appear in any program materials.

Right to Use Name & Likeness:

• I hereby authorize and grant to the Company, and its agents and assigns, an irrevocable license and permission to use my name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, print media and the Internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. My consent extends to such use without restriction or limitation as to time or geographic boundary.
• I hereby waive all rights I may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by the Company for any product and/or service in connection with such use and publication. I also waive any right to inspect, review or approve any photograph, recording, or other written material at any time, and waive the right to approve the use and medium of publication determined by the Company.
• I understand thatthe Company owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.

Release & Liability Waiver:

In consideration of and as part of my payment for the right to participate in the Company's Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in 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 “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. The Company shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Company's programs or materials, which are provided “as is”, and without warranties. We assume no responsibility for errors or omissions that may appear in any program materials. All disputes arising under or concerning this Agreement are to be submitted to binding arbitration in New York, New York.

Updated May 23, 2018.