DLCC@DarcyLuoma.com | 262-563-DLCC (3522)

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Terms of Service

Last updated: February 19, 2024

Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using this website (collectively, all pages, locations, and affiliated sites, the “Website”). The Website is operated by Darcy Luoma Coaching & Consulting, LLC, a Wisconsin limited liability company (“us,” “we,” “our”). These Terms of Service contain important information regarding limitations of our liability and other conditions as to the Website. Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use, and should not access or use, the Website.

Our offers and pricing
We offer services on this Website. The price of these services is customized based on your needs, which means that we will provide you with a quote after we determine your needs.

Cancellation policy
We do not offer you the ability to cancel any purchases that you have made of the services offered on our Website.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase.
We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund policy
We do not offer refunds on any purchases made on this Website.

Advance payments
We may ask you to provide an advance payment on any purchase made of the services offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services.
We will not be able to issue you a refund of the advance payment that you made if we cancel.
We do not offer you the ability to cancel any purchases that you have made of the services offered on this Website. As such, we do not refund advance payments.

NO WARRANTY ON PURCHASES
THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF NON-INFRINGEMENT, OR OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Remedies
You agree that the remedy for breach of this Terms of Service as it relates to any purchase shall be none. You also agree that the remedy for breach of this Terms of Service as it relates to any purchase of goods or services shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies are intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to any purchase.

Prohibited uses
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate Darcy Luoma Coaching & Consulting, LLC or its employees, representatives, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
  5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Website;
  12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

NO WARRANTY ON WEBSITE
THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Availability, errors and inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY
IN ADDITION TO AND WITHOUT LIMITING ANY DISCLAIMER OR LIMITATION OF LIABLITY THAT IS INCLUDED IN OR LINKED TO ON THE WEBSITE, THE FOLLOWING DISCLAIMERS APPLY: ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. DLCC AND/OR ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DLCC AND/OR ITS AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DLCC AND/OR ITS AFFILIATES, OWNERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DLCC OR ANY OF ITS AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT (I) DLCC DOES NOT PROVIDE HEALTH (INCLUDING MENTAL HEALTH), MEDICAL, PERSONAL FITNESS, INVESTMENT ADVICE, RECOMMENDATIONS, OR STRATEGY; (II) YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR AND YOUR EMPLOYEES’ OR AGENTS’ ACTIONS AND ANY ACTIONS OF ANY PERSONS ACCESSING OR USING THE WEBSITE OR ANY DLCC PRODUCTS OR SERVICES ARE IN COMPLIANCE WITH LAWS, REGULATIONS, OR REGULATORY GUIDANCE; AND (III) DLCC SHALL NOT BE LIABLE FOR ANY ACTION, OMISSION, INVESTMENT RECOMMENDATIONS/DECISION, OR LOSS OF REVENUE OR PROFIT ARISING FROM OR RELATED TO THE WEBSITE OR ANY DLCC PRODUCTS OR SERVICES.

Links to third party websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, are free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Website are ©2020 – 2024 Darcy Luoma Coaching & Consulting, LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Darcy Luoma Coaching & Consulting, LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Darcy Luoma Coaching & Consulting, LLC or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Darcy Luoma at dlcc@darcyluoma.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:
Darcy Luoma Coaching & Consulting
Darcy Luoma
dlcc@darcyluoma.com
(262) 563-3522
P.O Box 259253
Madison, WI
53725
UNITED STATES

Governing law, severability, dispute resolution and venue
These Terms shall be governed and construed in accordance with the laws of the state of Wisconsin, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms, together with any Privacy Policy and Disclaimer on the Website, constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website. For avoidance of doubt, if you have a separate written agreement executed with us regarding provision of services or products, that agreement shall govern as to such services or products.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in the state or federal courts with jurisdiction over Dane County County, Wisconsin. By using the Website, you irrevocably agree to personal jurisdiction over you in such courts.
YOU AND DARCY LUOMA COACHING & CONSULTING, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. Changes may be made by posting the updated terms of service to this website, with no additional notification.

Questions
If you have any questions about our Terms of Service, please contact us at dlcc@darcyluoma.com.