You agree to the terms of service below, and the Terms of Use for Substack, the technology provider.

Terms of Service

Introduction

This Terms of Use Policy (“Terms of Use”) applies to this website and any other websites, mobile applications, publications and/or online products together with the information, resources, services, products, and tools (“the Services”) owned and/or operated by Carnanco (“Carnanco” “we” “us” “our”) and/or brands operated by Carnanco including but not limited to Cheryl.wtf, Wicked Title Forum and Business Witch Academy. By visiting and accessing the Services we provide, you understand and agree to accept and adhere to the following terms of use as stated in this policy, along with the terms of our Privacy Policy.

Please read this Policy carefully and in its entirety. By using the Services and/or purchasing services, viewing or downloading information, or providing your email in a contact form, you agree to the terms of this Policy.

Responsible Use and Conduct

By utilizing the Services, either directly or indirectly, you agree to use these Services only for the purposes intended as permitted by (a) these Terms of Use, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained below, and you may incur criminal or civil liability. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these communication tools, which means that if you choose to submit content to our website via these tools, then it is your personal responsibility to use these tools in a responsible and ethical manner.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with Terms. You agree not to use the Services:

In any way that violates any applicable local, state, federal, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Carnanco, a Carnanco employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm or offend Carnanco or users of the Services or expose them to liability.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify Carnanco ratings.
Otherwise attempt to interfere with the proper working of the Services.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms of Use, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and waive any claim against us.

Right to Monitor and Terminate Use

Although Carnanco has no obligation to monitor any user conduct on the Services, Carnanco reserves the right, and has absolute discretion, to monitor any user conduct on the Services at any time and for any reason without notice.

Carnanco reserves the right, without notice and in its sole discretion, to terminate your ability to use the Services, and to block or prevent your future access to and use of the Services. Any use of the Services in violation of the Terms may result in, among other things, termination or suspension of your rights to use the Services. The Terms remain in effect even if your account is terminated.

User Submissions

Any and all information, including but not limited to feedback, data, questions, comments, suggestions, or ideas that you submit on the Services shall not be deemed confidential, and Carnanco will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation or liability. All such submissions shall be deemed the property of Carnanco, and your submission of information shall constitute an irrevocable assignment to Carnanco of all worldwide rights, titles and interests in and to such information. You agree that your submissions: (a) shall be true, accurate, current, complete and not misleading; (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights; (c) shall not be fraudulent or involve counterfeit or stolen information or items; (d) shall not violate any law, statute, ordinance or regulation; (e) shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any virus or malware that could in any way affect the operation of the Site; and (f) shall not create any liability for Carnanco.

User Created Hyperlinks to Services

Carnanco grants users a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray Carnanco or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Carnanco logo or other proprietary graphic of Carnanco to link to the Services without the express written permission of Carnanco. Further, you may not use, frame or utilize framing techniques to enclose any Carnanco trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without Carnanco’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Carnanco or any third party.

Carnanco makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites linking to the Services. Such sites are not under the ownership or control of Carnanco and Carnanco is not responsible for the contents of, or any review, changes or updates to such sites. Existence of a link to the Services does not imply affiliation, endorsement or adoption by Carnanco of the linking site or any information contained therein.

No Use by Minors

The Services are intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of these Terms of Use. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Services.

Communications

If you voluntarily provide your email in response to an offer or contest, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing cheryl dot evans at carnanco.info.

Links to Other Sites

The Services may contain links to third party web sites or services that are not owned or controlled by Carnanco.

Carnanco has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT CARNANCO SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ENCOURAGE YOU TO READ THE TERMS OF USE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

Indemnification

We do not assume any liability for any content posted by you or any other third party users of our website. You agree to indemnify and hold harmless Carnanco and its directors, officers, managers, employees, agents, affiliates, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Use. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us. We have a separate Privacy Policy which explains in detail how we collect, manage, process, secure, and store your personal information.

Disclaimer of Warranties

THESE SERVICES ARE PROVIDED BY Carnanco ON AN “AS IS” AND “AS AVAILABLE” BASIS. Carnanco MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER Carnanco NOR ANY PERSON ASSOCIATED WITH Carnanco MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER Carnanco NOR ANYONE ASSOCIATED WITH Carnanco REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Carnanco HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF RESULTS, OUTCOMES, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, Carnanco AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF Carnanco HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF Carnanco, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

No Professional Advice & Legal Disclaimer

The information contained in or made available through our sites (including but not limited to information contained on videos, podcasts, comments, webinars, live hangouts, in-person events, throughout our coaching calls—including replays—, in emails, in text files, on social media, or in chats) is informational only and does not constitute financial, legal or medical advice.

Information has been provided by staff and volunteers of the Wicked Title Forum as well as community members and contributing authors. Most are not attorneys, doctors or financial advisors and even those who are, are NOT acting in a legal or professional advisory capacity. Information provided should NOT be considered legal, medical, or financial advice and is followed at your own risk.

You should consult a lawyer, accountant, bookkeeper, financial or business advisor in all legal, accounting, monetary or business matters. You alone are responsible and accountable for any consequences arising from your decisions, actions and results in choosing to implement any information contained on the Services, and by your use of the Services, you agree not to hold Carnanco (dba Wicked Title Forum) liable for any such decisions, actions or results.

Every user should consider their unique circumstances, local jurisdiction requirements, and consult with their paid and retained professionals to develop and implement comprehensive policies and procedures that align with their specific needs and obligations.

By using the information provided, you acknowledge that the owners, staff, volunteers, contributors and community members of the Wicked Title Forum are not liable for any direct, indirect, incidental, or consequential damages or losses that may arise from the use or reliance on the information contained herein. The responsibility for implementing appropriate measures to protect against risk and liability rests solely with the users of this information and their management team.

Please consult with the proper professionals and other relevant experts to obtain advice tailored to your specific circumstances.

Ownership

All content and materials available on www.carnanco.info, www.cheryl.wtf, www.wickedtitleforum.com, www.businesswitchacademy.com or any other related sites and social media including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Carnanco, and are protected by applicable copyright and trademark law. Unless otherwise specified, the Services are provided for your personal non-commercial use only. No portion of the Services may be used or otherwise exploited for any purpose in any form without the express written permission of Carnanco and, as applicable, its licensors and service providers. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services without express written permission from Carnanco.

You agree to abide by and not to remove, modify or obscure any copyright or other proprietary rights notices and usage restrictions in connection with the Services, or on any copies or versions thereof. All rights not expressly granted are reserved.

Any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of Carnanco, and as such, provides us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to personal information that is provided in a contact form or order. Such personal information is covered by our privacy policy.

Refund Policy

All Sales are Final. No refunds will be issued once a service has been started and/or completed.

Memberships are non-refundable.

Removal from Communities

Membership of any community platform owned or operated by Carnanco including any membership tier, program or course is contingent upon the respectful use of the platform. Spamming, bullying, trolling, harassing, behavior will not be tolerated. Inciting violence or the promoting or selling of anything illegal will not be tolerated.

Political conversations are prohibited and friendly debate must be civil.

Carnanco reserves the right to remove any user from any platform, community, group or space at any time for any reason without right of refund.

Business Promotion on Community Platforms

Business promotion is only permitted in select locations and/or to select membership tiers. All business promotion must comply with posted rules and timelines. Use of the notify all members functionality may only be used in accordance with posted rules.

Changes to Services

We reserve the right to withdraw or amend the Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

Changes to Terms of Use

We reserve the right to change these Terms of Use from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically to familiarize yourself with any modifications.

Each version of these Terms of Use may be identified by its effective date which is located at the bottom of the page. Your continued use of the Services following the posting of changes to these terms constitutes your acceptance of the changes.

Governing Law and Jurisdiction

Although Carnanco is headquartered in Perkasie, Pennsylvania, USA, the Services can be accessed by visitors from most countries around the world. As each country has laws that may differ from those of Pennsylvania, by accessing the Services, you agree that Pennsylvania law will govern, without regard to conflicts of law provisions, for all matters relating to the use of the Services.

Furthermore, any action to enforce these Terms of Use shall be brought in the federal or state courts located in Bucks County Pennsylvania, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Dispute Resolution

By visiting the Services or making a purchase from the Services, you and Carnanco agree that, if there is any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Services, or the breach, enforcement, interpretation, or validity of the Terms or any part of them (collectively, a “Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.

Notice shall be sent:

To Carnanco at cheryl dot evans at carnanco.info; or
To you at: your last-used billing address.

If the parties cannot settle the Dispute through notice and response, the parties agree to participate in Mediation through Bucks County Mediation and Arbitration Center in Doylestown Pennsylvania.

Both you and Carnanco agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE THE COURTS OF BUCKS COUNTY, PENNSYLVANIA.

Waiver and Severability

No waiver by Carnanco of any term or condition set forth in Terms 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 Carnanco to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 Terms will continue in full force and effect.

Acknowledgement

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Contact Information

If you have any questions or comments about these Terms of Use as outlined above, you can contact us at:

Carnanco

cheryl dot evans at carnanco.info

Last updated on: 02/04/2024

Content License Agreement

Introduction

This Content License Agreement (“Content License”) applies to this website and any other websites, mobile applications, online products, brands and/or services (“the Sites”) owned and/or operated by Carnanco (“Carnanco” “we” “us” “our”), including but not limited to Cheryl.wtf, Wicked Title Forum and Business Witch Academy.

By visiting and accessing the Services we provide, you (“Licensor”) understand and agree to accept and adhere to the following terms of use as stated in this policy, along with the terms of our Terms of Use and Privacy Policy. Excepting in the case where a separate, private, content license agreement has been put in place and executed by all involved parties.

Please read this AGREEMENT carefully and in its entirety. By using the Services and/or purchasing services, viewing or downloading information, or providing your email in a contact form, you agree to the terms of this Policy.

License

By utilizing the Services, either directly or indirectly, you hereby grant Carnanco a non-exclusive, non-transferable, unlimited license to use any and all content provided to Carnanco, including but not limited to articles, guest blog posts, comments, forum posts, images, logos, videos and photos (“Work”) to reproduce, modify, display, transmit, distribute and sell the Licensed Content on the Licensed Site(s) and Related Media as well as digital and/or print outlets not owned or operated by Carnanco for the purposes of sharing, promoting and marketing said sites and content for the benefit of Licensee and Licensor.

Terms and Conditions

Reservation of Rights.

Neither this Agreement nor the licenses granted hereunder convey any ownership right in any of the Licensed Content, Licensor's Marks or other materials provided by or on behalf of Licensor under this Agreement. Except for the express licenses granted in this Agreement, all right, title and interest in and to the Licensed Content and Licensor's Marks are and will remain with Licensor and its licensors.

Delays or Failures

Licensor is not liable for delays or failures of delivery beyond its reasonable control. Licensor's sole responsibility for any such delay or failure is to deliver or re-deliver the relevant Licensed Content as soon as reasonably possible, in its sole discretion. Licensor is not obligated to use, distribute or retain any content provided unless subject to any other agreement entered into between the parties separately from this License.

Usage Limitation

Licensee shall not display, and shall not permit others to display, on the Licensee Site any images or content that is or could be reasonably construed to be offensive, pornographic, defamatory or libelous, infringing the intellectual property rights of any third party, promoting terrorism or other unlawful violence, or for any other purpose that violates applicable Law.

Removal

If Licensor instructs Licensee to delete or make inaccessible any Content Item because such Content Item may contain errors, is or could be subject to a third-party claim or for any other good faith reason, Licensee shall comply with such instruction as promptly as reasonably possible. The License Term for each such Content Item terminates at removal.

Trademark License

(a) Licensor grants to Licensee a limited, non-exclusive, non-transferable and non-sublicensable royalty-free license during the Term to those of Licensor's Marks designated by Licensor from time to time to:

display such Marks on the Licensee Site(s): (x) with the Licensed Content to provide source attribution; or (y) as links to the Licensed Content;

comply with its express obligations under this Agreement; and

advertise, market and promote the availability of the Licensed Content or the Licensee Site and identify the Licensor as a content provider;

(b) Licensee shall use the Marks solely in accordance with Licensor's trademark usage guidelines and quality control standards as the same may be updated from time to time by Licensor. If Licensor notifies Licensee that any use does not so comply, Licensee shall as soon as reasonable possible either remedy the use to the satisfaction of Licensor or terminate such use. Licensee shall not use, register or attempt to register in any jurisdiction any Mark that is confusingly similar to or incorporates any of the Licensor's Marks. All uses of the Licensor's Marks, and all goodwill associated therewith, shall inure solely to the benefit of Licensor.

Confidential Information

Both parties agree that trade secrets and proprietary information are confidential. The Licensee shall protect all confidential information of the Licensor against unauthorized uses and parties. Should the Licensee disclose this information, it will do so using the same degree of care as the Licensee uses to respect its confidential information.

Relationship

Both parties agree that each will act as independent companies and that no stipulation in this Agreement is construed to create partnership, joint venture, principal and agent, or employer and employee relationship between them.

Termination

This Agreement shall stay in force in perpetuity unless the Licensor terminates this Agreement due to the Licensee’s breach of this Agreement’s provisions or Licensor makes written request for the removal of said content. Once terminated, the Licensor shall allow the Licensee to continue working on projects using the Work that were started before the termination.

Indemnification

Licensor shall indemnify, defend and hold harmless Licensee against all Losses arising out of or resulting from any claim, suit, action or proceeding (each, an "Action") by an unaffiliated third party related to or arising out of a claim that the Licensed Content or Licensor's Marks, or Licensee's use thereof solely in compliance with this Agreement, infringes a copyright or trademark right of any third party. The foregoing obligation shall not apply to Losses for which Licensee is required to indemnify Licensor as stated below.

Licensee shall indemnify, defend and hold harmless Licensor against all Losses arising out of or resulting from:

(a) Licensee's use of the Licensed Content and/or Licensor's Marks in a manner not permitted by this Agreement (including Licensee's continued use of any Content Item or any of Licensor's Marks after Licensor has directed Licensee to cease using any such Content or Marks; or

The indemnified party shall promptly notify the indemnifying party in writing of any Action and cooperate with the indemnifying party at the indemnifying party's sole cost and expense. The indemnifying party shall not settle any Action in a manner that adversely affects the rights of the indemnified party without the indemnified party's prior written consent, which shall not be unreasonably withheld or delayed. The indemnified party may retain counsel of its choice to observe the proceedings at its own cost and expense.

Limitations of Liability

No Consequential or Indirect Damages

NEITHER PARTY SHALL BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL OR EXEMPLARY DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, LOSSES OF BUSINESS, REVENUE OR ANTICIPATED PROFITS, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Cap on Monetary Damages

EACH PARTY’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED AN AMOUNT EQUAL TO THE AGGREGATE AMOUNTS PAID OR PAYABLE TO LICENSOR IN THE TWELVE (12) MONTHS PRECEDING THE COMMENCEMENT OF THE CLAIM.

Exceptions

The provisions of this section will not apply to limit the Licensee’s indemnification obligations under the Indemnification clause, or in the case of Licensee’s gross negligence or willful misconduct.

Governing Law and Jurisdiction

Dispute Resolution

By visiting the Services or making a purchase from the Services, you and Carnanco agree that, if there is any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Services, or the breach, enforcement, interpretation, or validity of the Terms or any part of them (collectively, a "Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.

Notice shall be sent:

To Carnanco at cheryl dot evans at carnanco.info; or
To you at: your last-used billing address.

If the parties cannot settle the Dispute through notice and response, the parties agree to participate in Mediation through Bucks County Mediation and Arbitration Center in Doylestown Pennsylvania.

Both you and Carnanco agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE THE COURTS OF BUCKS COUNTY, PENNSYLVANIA.

Waiver and Severability

No waiver by Carnanco of any term or condition set forth herein 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 Carnanco to assert a right or provision under Terms 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 will continue in full force and effect.

Acknowledgement

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSING AGREEMENT AND AGREE TO BE BOUND BY THEM.

Contact Information

If you have any questions or comments about this agreement as outlined above, you can contact us at:

Carnanco

cheryl dot evans at carnanco.info

Last updated on: 09/24/2022