Terms of Service

LAST UPDATED March 8, 2023

PLEASE READ THESE TERMS OF USE (the “Agreement”) CAREFULLY BEFORE USING THIS WEBSITE (the “Site”) OR ANY OF THE SERVICES OFFERED BY CAROL BARASH, LLC (“Company,” “us,” “we” and “our”) WHETHER VIA THE SITE OR OFFLINE (the “Services”). This Site at www.carolbarash.com is controlled and operated by the Company. 

By accessing and using this Site and/or any of the Services, you are hereby agreeing to be legally bound by this Agreement and our Privacy Policy, found at www.carolbarash.com/privacy-policy incorporated herein by reference. 

If you do not agree with all of the terms and conditions of this Agreement, are incapable of forming a binding contract with us, or are not at least 16 years old, or do not reside in the United States or any of its territories or possessions, you are not authorized to use this Site or any of the Services and must immediately discontinue your use of the Site and Services and not access or use the Site. 

We reserve the right, at our sole discretion, to change, modify or otherwise alter the terms of this Agreement at any time. In the event of any such change, we will post a notice on the Site that we have changed this Agreement. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review this Agreement periodically. Your continued use of the Site and the Services following the posting of changes and/or modifications to this Agreement will constitute your acceptance of those changes and/or modifications.


SERVICES

Company agrees to provide you with access to the Site and the Services purchased by you commencing on a date to be mutually agreed upon between you and us (the “Start Date”), which Services may be provided at one or more sessions in-person, via phone, email and/or video conference or through the Site (“Sessions”).

Company does not purport to offer any medical, psychological, therapeutic, religious or other professional advice to users of the Site and/or the Services. Please seek the advice of counseling professionals, as appropriate, regarding the evaluation of any specific information, opinions, advice or other content.


You may cancel the Services at any time; provided that you will not be entitled to any refund of the fees otherwise due in the event of such cancellation if Company has not received notice of such cancellation at least two (2) days prior to the date upon which the Services are to be provided or the subscription renewed.  There will be no prorating or refunds given due to late arrival or missed lessons. Company reserves the right to reschedule or cancel any lesson. In such events, Company will make commercially reasonable efforts to schedule a make-up lesson at a time that is convenient for you; however, Company cannot guarantee a make-up lesson will be scheduled. If a lesson is canceled by the Company and is not rescheduled, a prorated refund will be granted to you.


INDEPENDENT CONTRACTORS

Company reserves the right to provide the Services to you through one or more independent contractors. Any independent contractors that provide Services to you pursuant to this Agreement are not employees of Company. In the event that any of the Services are provided to you by one or more independent contractors, you agree that such independent contractors shall be solely responsible for the delivery and quality of the Services so provided and any action to enforce a breach of the terms of this agreement by any such independent contractor shall be brought solely against such independent contractor. Company shall not be responsible for any acts or omissions of any independent contractors who provide Service to you. Company hereby expressly disclaims any and all liability, to the maximum extent permitted by law, resulting from the actions or inactions of any independent contractor who provides Services to you pursuant to this Agreement.


PRIVACY POLICY

The Site is a website on the internet where high school students, parents, schools and other users access tools and strategies for completing college application and scholarship essays, interviews and supplements, as well as job search materials. Company encourages students, their parents, teachers and schools to use and enjoy our website to learn about the admission process and to communicate with us. Students and parents should take care to safeguard their privacy when using the internet including on our Site. Our information collection practices are described in our Privacy Policy, located at www.carolbarash.com/privacy-policy, (our “Privacy Policy”), the terms of which are incorporated herein. Before entering information on any website including our Site, or otherwise providing information to us, students and parents and other users should discuss safe practices and restrictions regarding the online release of personal information to anyone they don’t know.


YOUR ACCOUNT INFORMATION

It is your responsibility to maintain the confidentiality of your account information, including, without limitation, any password assigned to you, and you are responsible for all use of the Site through your account information. You agree to notify us immediately of any unauthorized use of your account or any other actual or suspected breach of Site security.


PHOTOGRAPHY AND RECORDING

We record our courses and coaching Sessions for training purposes. Except where prohibited by law, by participating in a Company course or coaching Session, you agree to allow Company to record your participation by audio and video means and to use your likeness, voice, photos, videos, stories, and recordings on our Site and in our business, training and marketing materials without notice or compensation. If you prefer not to have your photo, video or audio recordings included please send your request to support at admin@carolbarash.com.


AGE RESTRICTIONS

Company wants to ensure that students and other users have a safe online learning experience. Towards that end, this Site is solely for the use of people, age 16 and older, as well as their parents and schools. If you are under age 16, you may not use the Site. By participating in Company courses or coaching sessions, you agree that you have received your parent or guardian’s consent to participate.


YOUR CONTENT

“Your Content” refers to all information, data, text, video, audio, images and other materials and content you upload to the Site or provide to us in the course of our performance of the Services, including, without limitation, any of your Postings (as defined below). You are the sole owner of Your Content and it will be considered non-confidential. You agree that we may use Your Content for the purposes of providing the Services to you, including, without limitation, to provide feedback and coaching. You hereby grant to Company, and our licensees, successors, and assigns a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to exercise any and all intellectual property rights you have in Your Content in connection with our business and/or provision and/or promotion of the Site and/or Services, in any media known now or developed in the future, alone or together or as part of other material of any kind or nature. 

You hereby represent and warrant to us that: 

(a) you own or control all rights in and to Your Content and any other information you provide to us and you have the right to grant the license granted above ; 

(b) Your Content is not illegal; and 

(c) Your Content does and will comply with the Content Standards set forth below and the other terms and conditions of this Agreement. 

If someone sues us or makes any other claim against us (or any of our employees, directors, independent contractors, agents or affiliates or any other users of the Site or the Services) because you have provided us with Your Content or other information that you are not authorized to provide, or if Your Content is inaccurate, illegal or causes injury to any person or company, you agree that you will pay any damages, losses or costs that we (or they) incur as a result of the suit or claim and, if we request it, you will indemnify, defend and hold us harmless against the suit or claim. Your Content may not contain any software viruses, bugs, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services any computer software or hardware or telecommunications equipment, that may impact the ability of any user to access the Services or that may cause harm to our or any users’ software or systems (collectively, “Viruses”).


We are not responsible for storing or backing up Your Content. We encourage you to ensure Your Content is backed up at another location. We are not responsible if Your Content is lost for any reason.


YOUR CONDUCT

Subject to the provisions of this Agreement, you may use the Site and the Services only in compliance with all applicable federal, state and local laws, rules and regulations. Without limiting the foregoing, when using or uploading Your Content to the Site or otherwise providing it to us, the following requirements and prohibitions (the “Content Standards”) apply:


  1. If you choose to provide us with information, it must be accurate and up-to-date.

  2. You are prohibited from impersonating another person while using this Site and/or the Services.

  3. You may not upload, post, email or otherwise send to us, to the Site or to any other person via the Site, any material that:

    1. contains any Viruses;

    2. infringes on the intellectual property rights or other rights, including privacy or publicity rights, of any person or entity;

    3. unless you have our written permission, promotes or endorses any company or person, any product or service or any charitable cause;

    4. contains links to third-party websites or online services or refers to a URL of a website that competes with the Site or that contains, depicts or promotes illegal content, materials or activities;

    5. promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

    6. violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement or our Privacy Policy;

    7. is likely to deceive any person;

    8. promotes any illegal activity, or advocates, promotes, or assists any unlawful act;

    9. causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

    10. involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;

    11. gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;

    12. contains private or personal information which might identify a user;

    13. contains personal attacks on other individuals;

    14. contains or requests personally identifiable information; or

    15. is abusive, illegal, libelous, defamatory, obscene, indecent, threatening, offensive, harassing, violent, hateful, inflammatory or otherwise unacceptable to us, in our sole discretion.

NON-SOLICITATION AGREEMENT

By becoming a Company customer, during the time of Company’s provision of Services to you (the “Term”) and for six (6) months thereafter, you agree that you will not directly or indirectly solicit for employment, hire or engage as an independent contractor, any Company Service Provider to provide services to you that are the same or similar to those Services you received or purchased from Company.  For purposes of this section, a “Company Service Provider” is any person who (i) is or was an employee, contractor or agent of Company at any time during the Term, and (ii) provided Services to you.  You may request additional services to be provided by a specific Company employee by submitting such a request to Company at support admin@carolbarash.com.

CHATROOM / MESSAGE BOARDS / SOCIAL MEDIA

To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the “Postings”), please be advised that such Postings do not necessarily reflect the views of Company, and Company shall not be liable for any of the content or subject matter of any Posting. You understand and acknowledge that you are responsible for any Postings you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. In no event shall Company assume or have any responsibility or liability to you or any third party for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. Any Posting you post to the Site will be considered non-confidential and non-proprietary. Company will have the right to use and change the Postings in any manner that Company may determine. Additionally, Company may, but shall not be required to, sweep or monitor its chatrooms and/or message boards periodically in its sole discretion, and Company reserves the right to refuse to post, edit or delete messages that violate these rules, as well as revoke the privileges of users who do not comply with such rules. Any  Postings must comply with the Content Standards set forth above.


The chatrooms/message boards/social media may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement please send us a message about it to support at admin@carolbarash.com or through https://www.carolbarash.com/contact. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.


PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:


  1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth above.

  4. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  5. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Company or users of the Site, or expose them to liability.

Additionally, you agree not to:


  1. Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real- time activities through the Site.

  2. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

  3. Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.

  4. Use any device, software, or routine that interferes with the proper working of the Site.

  5. Introduce any Viruses into the Site or the Services.

  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. 

  7. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

  8. Otherwise attempt to interfere with the proper working of the Site.

OWNERSHIP OF INTELLECTUAL PROPERTY

All software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, stories, exercises or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names appearing or offered on the Site or in connection with the Services (the “Material”) are the property of Company and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws and other intellectual property or proprietary rights laws. You agree not to reproduce, modify, create derivative works from, display, perform, display, transmit, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Company. Use of Company and/or its licensors’ Material is only permitted with our express written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. Company operates and controls this Site from its offices indicated at http://www.carolbarash.com/contact. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

You hereby grant to Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to exercise any and all intellectual property rights you have in that Content in connection with our business and/or provision and/or promotion of the Site/Services, in any media known now or developed in the future

COPYRIGHT COMPLAINT POLICY

Company takes protection of copyrights, both our own and others’, very seriously. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials or Postings and for the termination, in appropriate circumstances, of users of our Site and/or Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the materials or Postings on our Site that you claim are infringing and that you request us to remove; (d) sufficient information to permit us to locate such Postings or material; (e) your address, telephone number and email address; (f) a statement that you have a good faith belief that use of the objectionable materials is not authorized by the copyright owner, its agent or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.


Our designated copyright agent can be contacted via mail at 200 Crestwood Dr, South Orange NJ 07079 and email at copyright@carolbarash.com.

Upon receipt of a complete notice of copyright infringement, we reserve the right to:

• remove or disable access to the infringing material;

• notify the content provider who is accused of infringement that we have removed or disabled access to the relevant material; and

• terminate the relevant content provider’s access to the Site/Services.


If you believe material you posted was removed (or access to it was disabled) inappropriately because the material does not infringe another party’s rights, you may send us a counter-notice (to the address or email address above) containing ALL of the following information:


• A physical or electronic signature of the content provider;

• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;

• A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

• The content provider’s full name, mailing address, telephone number, and email address

• A statement that the content provider consents to the jurisdiction of the federal court located in the jurisdiction in which the relevant ostensible copyright owner (or its agent that submitted the relevant copyright objection) is located, and that the content provider will accept service of any complaint or other relevant legal papers.


Company may, in its sole discretion, provide the content of the copyright notice or counter-notice to the relevant parties.  Unless the relevant copyright owner files an action seeking a court order against the content provider accused of committing infringement, the material removed/disabled may be reposted by the Company in its sole discretion after receipt of the counter-notice.

SECURITY OF SITE

Company has implemented reasonable technical and organizational measures designed to deter unauthorized access to and use, destruction, modification or disclosure of personally identifiable information we collect via the Site. Regardless of the precautions taken by us or by you, no data transmitted over the Internet or any other public network can be guaranteed to be 100% secure. We cannot ensure or warrant the security of any information you transmit to us and you provide all personally identifiable information via the Site and/or the Services at your own risk. You are responsible for maintaining the security of your user profile information, including your password and any and all activities that occur under your account. Do not share this information with anyone. We will never ask you to send your password or other sensitive information to us in an email, though we may ask you to enter this type of information on the Site. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your personally identifiable information from subsequent users.


LINKS TO THIRD- PARTY SITES

Company may from time to time provide for your convenience only links to other websites that may have their own information collection practices. Company has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. These other websites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage visitors to other websites to review the privacy policies and information collection practices of those websites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by Company, its subsidiaries, affiliates, assigns or licensors of the opinions or views expressed by these third- party websites and Company does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Company is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Company nor its subsidiaries, affiliates, assigns or licensors will be responsible or liable for any errors or omissions or for the loss or results obtained from the use of such information contained in third-party sites. FINALLY, COMPANY WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS OR OTHER DAMAGES, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS CAUSED BY THE EXHIBITION, DISTRIBUTION OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SITES.


ADS AND MALWARE

We take great care and pride in creating the Site. If we find technical glitches that effect how the Site works, we will use commercially reasonable efforts to fix them. We are not responsible or for or able to control any technical issues with the Site that are caused by your home computer which may affect how you see our Site. If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware--short for MALicious softWARE--is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we work with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit. Please note that we not are responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the “Help” or “Customer Support” areas of any software download site. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at admin@carolbarash.com.


DISCLAIMER AND LIMITATION OF LIABILITY

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. THE SERVICES, THIS SITE, AND ALL MATERIALS CONTAINED ON IT, ARE PROVIDED, DISTRIBUTED AND/OR TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, INFECTIONS, CONTAMINATION OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SYSTEM, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE AND/OR THE SERVICES OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE OR PROVIDED IN CONJUNCTION WITH THE SERVICES OR ON ANY WEBSITE LINKED TO THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, SECURITY, RELIABILITY, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. WITHOUT LIMITING THE GENERAL DISCLAIMER ABOVE, COMPANY HAS MADE AND MAKES NO REPRESENTATIONS AND/OR WARRANTIES REGARDING THE SUCCESS OR OUTCOME OF THE SERVICES PROVIDED BY COMPANY HEREUNDER OR THE AVAILABILITY OF THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES AND THIRD-PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS CONTAINED ON THIS SITE OR PROVIDED IN CONJUNCTION WITH THE SERVICES WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BYCOMPANY OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. UNDER THE LAWS OF SOME STATES, LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONS OF SOME KINDS OF DAMAGES ARE NOT PERMITTED. IF THESE LAWS APPLY TO YOU, THE ABOVE DISCLAIMER AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


Notwithstanding the foregoing, in no event shall Company’s liability to you for any and all claims, damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site and receiving the Services.


INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company, its subsidiaries, affiliates, assigns and licensors and their respective officers, directors, employees, agents, contractors, licensors, representatives, successors, and assigns and third-party providers to the Site from and against all claims, liabilities, judgments, awards, losses, expenses, fines, penalties, damages and costs, including reasonable attorneys’ fees, arising out of or relating to: (i) any Postings or other materials or information you upload or transmit to the Site or otherwise provide to Company, including any unauthorized information about third parties that you may provide: (ii) any use of the Site or Services; and (iii) any violation of this Agreement by you. Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.


APPLICABLE LAW, VENUE, JURISDICTION

The Agreement and the relationship between you and Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the New York federal and state courts located in the County of New York. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to the use of the Site, the Services or the Agreement within one (1) year after such claim or cause of action arose or such claim or cause of action shall be forever barred.

INTERNATIONAL

The Site is hosted and the Services are offered in the United States of America (“U.S.”), are intended to comply with U.S. laws and be used only in the U.S. You agree that you will not access the Site or Services outside the U.S. You agree to not use the Site, or any portion of the Site, in violation of U.S. law including export regulations. You are responsible for adhering to all relevant local and national laws wherever you are. If you are located in the European Economic Area (EEA), you should not use this Site. If you use this Site, it is an unauthorized use and you understand that your information is stored and transmitted outside of the EEA. Your information would be treated as described in this Agreement, but you understand that this Site is not intended or authorized for use by those located in EEA and is not subject to the General Data Protection Regulation (GDPR).

NO ASSIGNMENT

None of your rights or obligations under this Agreement may be assigned, delegated or otherwise transferred, whether by agreement, operation of law or otherwise, without the express prior written consent of the Company, which may be withheld for any or no reason. Any attempt to assign, delegate or otherwise transfer any of your rights or obligations hereunder without such consent shall be void.


WAIVER AND SEVERABILITY

No waiver by Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.


If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 


ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. 


CUSTOMER SERVICE

Company customers may email us their questions, comments or concerns about this Agreement, our practices or our Site and/or Services. Please email specific questions to admin@carolbarash.com.