Terms and Conditions
Positive Connection with Katie Rössler (“PCKR”) requests that you carefully read the following terms and conditions (collectively, the “Terms”) before using any of PCKR’s internet properties including, without limitation, (insert wed address here), mobile websites, microsites, mobile applications, PCKR profiles on social media sites, and any other digital services or properties operated or used by PCKR from time to time (collectively referred to as the “Sites”) . Your use of the Sites constitutes your acceptance of these Terms and your agreement to follow and be bound by these Terms. These Terms constitute a legal, binding agreement between you and PCKR. There may be additional or different terms and conditions stated elsewhere on the Sites that apply to your access and use of the Sites. If you do not agree to these Terms, you must not access or use the Sites.
Changes to the Terms
PCKR may modify these Terms at any time. Those modified Terms will become effective immediately after PCKR posts them on the Sites. You agree to review the Terms posted on the Sites each time you access or use the Sites so that you are aware of any modifications made to these Terms. If you do not agree to the modified Terms, you are not authorized to access or use the Sites. Your failure to comply with these Terms as they may be modified from time to time may constitute breach of contract and may violate PCKR’s copyright, trademark, and other proprietary and intellectual property rights.
Modification of the Sites
PCKR reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Site or any part of the Site from time to time, for any or no reason and without notice. You agree that PCKR will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. PCKR may change the information and materials on the Site from time to time at its discretion.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
Transmission of Information and Other Materials Via the Site
PCKR welcomes your comments and suggestions about the Site and PCKR’s products and services, but PCKR does not wish for you to send any confidential or proprietary ideas, suggestions, materials, or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of its products or services or any new products or services. You agree that any information, ideas, suggestions, or materials that you or individuals acting on your behalf send to PCKR via the Site, including feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, “Information”), will not be considered confidential or proprietary, even if the Information is labeled “Confidential” or “Proprietary.” Further, PCKR will own all Information you submit to it via the Site, and by submitting the Information to PCKR, you irrevocably assign to PCKR all worldwide rights, title, and interest in and to that Information. PCKR will be free to reproduce, use, disclose, and distribute Information to others without limitation or liability. PCKR may use any ideas, concepts, know-how or techniques in the Information for any purpose whatsoever, including developing and marketing products or services that incorporate or otherwise embody Information, without providing any notice, compensation, or attribution to you.
User Generated Content
We welcome your views, comments and other communications, pictures, track back URLs, or videos on our Sites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content (“User Content“). By contributing User Content to any of the Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant PCKR a nonexclusive license to display, reproduce, transmit, modify such User Content and that the PCKR may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. PCKR does not approve, endorse, or adopt any User Content, and PCKR assumes no liability for any User Content submitted by you or others. You agree to indemnify PCKR against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via these sites used, published, copied and/or reprinted, should not post on the social media profiles. Please note that other participants may use posted information beyond the control of PCKR. All user content is read at your own risk.
PCKR retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. PCKR also retains the right to ban or block a user from posting on PCKR social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.
You acknowledge, consent and agree that PCKR may access, preserve and disclose your account information and the User Content you have posted by Users of the Services if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of PCKR to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Administrators, its Users and the public.
Credit Card Information
If you purchase our online course using a credit card, you must inform us if there are any changes to your credit card that might affect our ability to process your card (for instance, changes to the expiration date, address, or card number). You are responsible for updating your payment information on our site. If any of your credit card information changes while you are a member of the Site, you agree that we may use a third-party card updating service to determine the credit card information for your new card and that we may begin charging your new card.
The Site is not intended for use by anyone under the age of 13 without the prior consent and ongoing supervision of a parent or guardian. By using the Site, you represent and warrant to PCKR that you meet the foregoing age requirement. PCKR will not knowingly collect personally identifiable information via the Site from visitors under the age of 13 and will take prompt steps to delete any such personally identifiable information if notified that any has been inadvertently collected.
PCKR owns the Site and owns or has the right to use all of the content on the Site, including all text, images, graphics, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, downloadable PowerPoint and PDF files, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the “Content”), all of which are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Absent PCKR’s express written permission as to particular Content on the Site, you may use the Content only for personal, noncommercial, informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for these purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. Except as expressly authorized by these Terms, you may not distribute, publish, download, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, without PCKR’s prior written consent, provided that (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (b) you may store files that are automatically cached by your Web browser for display enhancement purposes, and (c) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.
The content of the Sites includes, without limitation, (i) PCKR’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “PCKR Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “PCKR Content”). PCKR Content is the property of PCKR, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any PCKR Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the or the owner of such content if the is not the owner. Any use of the PCKR Marks without PCKR’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the PCKR Content, including any such notices appearing on any PCKR Content you are permitted to download, transmit, display, print, or reproduce from the Sites.
Except as expressly provided above, PCKR is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in any Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of PCKR or any third party. You obtain no rights in the products, equipment, processes, or technology described on this Site by accessing or using the Site. PCKR and any third party owners retain all of those rights.
If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on PCKR actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to:
Positive Connections with Katie Rössler
Mittenheimer Strasse 74
Attn: Katie Rössler
If you wish to make any use of Content other than as authorized in this section, please contact us at the following e-mail address: email@example.com
You may use the Site only for lawful purposes in accordance with these Terms. You agree not to use the Site: (a) 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); (b) 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; (c) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with the section of these Terms titled “Intellectual Property”; (d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation; (e) to impersonate or attempt to impersonate PCKR, a PCKR employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); (f) 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 PCKR or users of the Site or expose them to liability, (g) to interfere with the proper working of the Site, or (h) to share the Content with, or broadcast the Content to, anyone outside your immediate family. You also agree not to use any robot, spider, botnet, 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. If you violate these Terms, PCKR may terminate your account immediately, in addition to any other rights or remedies PCKR may have against you.
For the avoidance of doubt, you are expressly prohibited from using the Content in any class, lecture, presentation, course, or other group setting. Willful violation of this prohibition could subject you to criminal penalties, including imprisonment and significant fines.
We offer courses that include “lifetime” access to the Site. “Lifetime” access lasts for the lifetime of the Site (not your lifetime). “Lifetime” access is personal to you and is not transferable to anyone else.
References to Other Companies/Links to Other Sites
The Sites may contain advertisements. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. PCKR shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Site; (b) send e-mails or other communications with certain content, or links to certain content, on the Site; or (c) cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any features and any links at any time without notice in our discretion.
In order to use all of the Content, you must have (a) sufficient computer equipment and internet access; and (b) the software required to view the elements of the course. PCKR may adjust at any time the hardware or software requirements for accessing the Content.
Disclaimers of Warranties
PCKR disclaims all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, and availability of information and material contained on the Site. The Site may contain inaccuracies or typographical errors. PCKR disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. PCKR does not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. PCKR and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data.
THE SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. PCKR DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE, OR ABSENCE OF VIRUSES.
IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING THAT MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE.
PCKR may make available to you via the Site certain Content prepared by third parties. PCKR does not endorse, and you agree not to hold PCKR responsible for, any advice, information, or opinions set forth in any such Content. You also acknowledge that the opinions, advice, information, and statements in any third party Content are those of the respective author and not of PCKR. You rely on that Content at your own risk.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL PCKR, ITS AFFILIATES, ITS DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE CONTENT (COLLECTIVELY, THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, AND LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM PCKR, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE PROVIDERS, OR (D) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF SOME OR ALL OF THE SITE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY ACCESS OR USE OF ANY INFORMATION, IDEA, OR INSTRUCTION IN THE CONTENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the fullest extent permitted by law, You agree to defend, indemnify, and hold harmless PCKR, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Site, (b) user content you submit, post to, or transmit through the Site, (c) your violation of any rights of any other company or person in connection with this Site, or (d) your violation of these Terms.
When you visit the Site or send e-mails to PCKR, you are communicating with PCKR electronically. You consent to receive communications from PCKR electronically. PCKR will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that PCKR provides to you electronically satisfy any legal requirement that such communications be in writing.
You will be given the opportunity to ‘opt-out’ of having your information used for purposes not directly related to the reasons you first provided the information to us. Users who no longer wish to receive our newsletter or promotional materials from our partners may opt-out of receiving these communications by following the opt-out instructions provided in the e-mail.
Certain features and areas of the Sites are available only with registration, login, or a paid subscription. If you set up an account on or otherwise subscribe to the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that membership on the Site is personal to the subscriber. PCKR reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion. Your password is personal to you and you may not allow any third party to use it under any circumstances. PCKR is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your account and password. You must contact PCKR immediately if you become aware of or believe there is or may have been any unauthorized use of your personal login information, or otherwise wish to deactivate your account due to security concerns.
This Agreement shall be governed by, and be construed in accordance with, the laws of the Federal Republic of Germany, without regard to principles of conflicts of laws. Exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement is München. All legal relations shall be subject to German substantive law applicable to the legal relations between domestic parties in addition to these Terms and Conditions. The provisions of the Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980 shall be excluded.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Severability and Waiver
The invalidity of any term, condition, or provision of these Terms will not affect the enforceability of the remaining portions of these Terms. PCKR’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
If you have any questions regarding the Site or these Terms, please contact us at:
Positive Connections with Katie Rössler
Mittenheimer Strasse 74
Attn: Katie Rössler
Last updated: April 11, 2020