Terms of Use

​The following Terms of Use are entered into by and between You and Carolyn O’Brien LLC (“Company”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of carolynobrienobm.com and metricssuccess.com, including any content, functionality and services offered on or through carolynobrienobm.com(the “Site”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you may not access or use the Site. 

Authorized Users   

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements set forth above. If you do not meet all of these requirements, you may not access or use the Site.

Privacy and Disclaimer 

Your use of the Site is also subject to the Company’s Privacy Policy.  Please review our Privacy Policy which also governs the Site and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

Your use of the Site is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Site and informs users of various limitations regarding the information provided on the Site. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

Access to the Site, Accounts, and User Security

We reserve all rights in our Site and its material and content, including the rights to remove, replace, update, or otherwise change the Site in our sole discretion and without notice.  We are not liable if for any reason all or any part of the Site is unavailable at any time or for any period.  We have the right to control user access to the Site, or parts of the Site, whether users are guests or are registered users.

As a condition of use, we may require you to register with the Site, or at least provide us with some details about you and your intended uses.  You agree to provide accurate information, and we agree to treat your information consistent with our Privacy Policy.  If your use requires or provides a username, password or other security information as part of our Site security procedures, you agree to treat such information as confidential and to not allow others to access the Site using your security information.  We reserve the right to disable usernames and passwords, and to limit your access if you violate our terms of use.  You agree to notify us immediately of any unauthorized access or any other breach of security.  You agree to exit at the end of each user session, to protect us and you.

License to Use, Unlawful or Prohibited Uses

By viewing these terms, you accept them and in return are granted a non-exclusive, non-transferable, revocable license to access and use the Site, including any resources available for download from the Site, strictly in accordance with these Terms of Use.  You agree that you will not use the Site or any of its resources for any illegal or unlawful activity, or in any way that could damage, disable, burden, or impair the Site or interfere with any other person’s use.  

Intellectual Property Rights   

We reserve all ownership and intellectual property rights in the Site and its content, whether as images, text, graphics, logos, documents, and/or software of the Site.  All such content is the property of the Company or its suppliers.  You agree to honor and respect our rights by limiting your use and any re-use by not copying, modifying, publishing, transmitting, reverse engineering, offering for sale, or creating derivative works, and by leaving intact all copyright and trademark notices and legend for content of the Site.   The Site content is not for resale, and you agree to use our content solely for your individual use.  Do not make any other use of the content without the express written permission of the Company and the copyright owner. No other licenses or rights, express or implied, are granted to you. 

The Company logo, trademarks, name, product and service names, designs, and slogans are trademarks of the Company and/or its affiliates or licensors, and you agree not to use them without prior written permission of the Company or proper owner.   All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Elevate Purchase

This DASHBOARD TEMPLATE LICENSING AGREEMENT (the "Agreement"), dated as of [Date] (the "Effective Date"), is made by and between [User], (hereinafter “Licensee”), and Carolyn O’Brien LLC, a Connecticut limited liability company, (hereinafter “Licensor”).

WHEREAS, Licensor is the owner of the Work (as defined below) and wishes to grant to Licensee a commercial license to the Work, and Licensee wishes to obtain a license to the Work for the uses and purposes described herein, subject to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

  1.  Grant of Rights.

Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee during the Term (as defined below) a limited, non-exclusive, non-transferable, revocable license to use and incorporate the Work into client projects. The "Work" is defined as dashboard templates created by Licensor and provided to Licensee by Licensor. 

Licensee shall not create any derivative works of the Work and shall use the dashboard templates solely for Licensee’s own personal use, use in Licensee’s own business, or in projects for Licensee’s clients.

Licensee hereby expressly acknowledges and agrees that they have no right to resell the dashboard templates or sell derivative dashboard templates.

  1.  Reservation of Rights.

Licensor reserves all rights not expressly granted to Licensee under this Agreement. No use by Licensor of the Work in any medium or manner will be deemed to interfere with the limited permissions made to Licensee by Licensor herein. This license is non-exclusive. Licensor reserves the right to provide the Work to other individuals and businesses in the same industry, even if they are competitors of Licensee without notice to Licensee.

 

  1.  Copyright Notices.

 

Licensee shall state in its own client contracts or otherwise provide the following copyright notice to any clients for which it uses the dashboard templates: “The copyright to this dashboard template is owned by Carolyn O’Brien LLC. You may use the dashboard template(s) subject to a limited, non-transferrable, revocable license for your personal use or in the course and scope of your business, but you may not share the dashboard template with anyone, and you may not resell the dashboard template. You are expressly prohibited from reselling or distributing the template.”

4. Payment

As consideration for the rights granted herein, Licensee shall pay Licensor a(n) [annual] fee of [$297] to use the Work in an unlimited number of client projects. This fee must be paid in full for the [annual] period before the rights herein shall be granted or renewed. 

  1. Acknowledgment of Ownership.

Except for the licenses expressly granted to Licensee in this Agreement, Licensee acknowledges that all right and interest in and to the Work are owned by and will remain with Licensor. If Licensee acquires any rights in the Work by operation of law or otherwise, Licensee hereby irrevocably assigns such rights to Licensor without further action by either party. Licensee agrees not to dispute or challenge or assist any person or entity in disputing or challenging Licensor's rights in and to the Work.

  1. Protection of the Work.

Licensee shall, at its sole expense, maintain any copies of the Work within Licensee's possession, custody, or control and shall take all then-available measures to protect and safeguard the Work. Licensee shall immediately notify Licensor in writing with reasonable detail of any: (i) actual, suspected, or threatened infringement of the Work; (ii) actual, suspected, or threatened claim that use of the Work infringes the rights of any third party; or (iii) any other actual, suspected, or threatened claim to which the Work may be subject.

In the event a claim relating to the Work arises, Licensor has exclusive control over, and conduct of, all claims and proceedings. Licensee shall provide Licensor with all assistance that Licensor may reasonably require in the conduct of any claims or proceedings, and Licensor shall bear the cost of any proceedings and will be entitled to retain all sums recovered in any action for its own account.

  1. Confidentiality.

Licensee agrees to keep the terms of this Agreement and all payment details, including the price per license confidential and not share such information with its clients or any third parties.

  1. Term and Termination.

The term of this Agreement commences as of the Effective Date and, unless terminated earlier as provided herein, will remain in force for a period of 1 year(s) (the "Term") and shall renew automatically, unless either Party elects not to renew the Agreement with 30 days of notice to the other in writing.

Either Party may terminate this Agreement with 30 days of notice to the other party in writing. In the event of termination, Licensee shall not be refunded for any unused licenses already paid for or time left in Licensee’s payment period.

If a party is in breach of this Agreement, they shall have 10 days to cure such breach.  If, after 10 days, the breach remains uncured, the non-breaching party may notify the breaching party of termination of this Agreement in writing.

If either party materially breaches this Agreement and does not cure their breach within 10 days, a copyright violation by a third party connected to Licensee, including a client of Licensee, occurs, or the business of either party closes permanently, this Agreement may be terminated immediately. Licensee shall owe any outstanding fees for dashboard template licenses used and such payment shall become due within 7 days of termination of this Agreement.

  1. Effect of Termination.

Upon the expiration or termination of this Agreement for any reason, all rights licensed under this Agreement will revert immediately to Licensor and Licensee shall cease using Licensor’s dashboard templates in any new projects. Other than termination by Licensor for Licensee’s breach of contract, upon expiration or termination of this Agreement, Licensee may retain one archived copy of the Work solely for purposes of responding to claims or inquiries relating to the Work.

  1. Licensee's Representations and Warranties. 

Licensee represents and warrants that Licensee will not engage or participate in any activity or course of action that could diminish or tarnish the image or reputation of the Work or Licensor, or cause confusion as to the ownership of the Work.

  1.  Licensee Indemnification. 

Licensee shall indemnify, defend, and hold harmless Licensor and its officers, directors, employees, agents, affiliates, successors, assigns, and licensees (each an "Indemnified Party") from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, arising out of or in connection with any third-party claim, suit, action, or proceeding (each a "Third-Party Claim") relating to any actual or alleged breach by Licensee of its representations, warranties, covenants, or other obligations hereunder.

  1. Disclaimer of Warranties; Limitation of Liability.

ALL DASHBOARD TEMPLATES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. LICENSOR RESERVES THE RIGHT TO MAKE CHANGES, ADDITIONS, CORRECTIONS, AND IMPROVEMENTS TO THE DASHBOARD TEMPLATES AT ANY TIME WITHOUT NOTICE TO LICENSEE. LICENSOR MAKES NO REPRESENTATIONS OR GUARANTEES OF THE FUNCTION OF THE DASHBOARD TEMPLATES. LICENSOR IS NOT RESPONSIBLE FOR ANY TECHNICAL OR TYPOGRAPHICAL ERRORS WITHIN THE DASHBOARD TEMPLATES, EXCEPT AS REQUIRED BY LAW. LICENSEE AND ITS CLIENTS USE THE DASHBOARD TEMPLATES AT THEIR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CAROLYN O’BRIEN LLC DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. CAROLYN O’BRIEN LLC DOES NOT WARRANT THAT THE DASHBOARD TEMPLATES WILL OPERATE FREE FROM ERROR, DESTRUCTIVE FEATURES, COMPUTER VIRUSES OR OTHER CONTAMINATION.

FURTHERMORE, CAROLYN O’BRIEN LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, OR RESULTS FROM LICENSEE’S USE OF THE DASHBOARD TEMPLATES OR USE BY ITS CLIENTS.

IN NO EVENT, AND EVEN IF LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS DISRUPTION, THROUGH ANY ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM LICENSEE’S USE OF THE DASHBOARD TEMPLATES OR ITS CLIENT’S USE OF THE DASHBOARD TEMPLATES. IN ANY AND ALL CIRCUMSTANCES, LICENSEE’S MAXIMUM REMEDY AND THE MAXIMUM LIABILITY OF CAROLYN O’BRIEN LLC, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE FEES PAID BY LICENSEE TO LICENSOR UNDER THIS AGREEMENT DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO LICENSEE’S CLAIM.

  1. Relationship of the Parties.

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party has authority to contract for nor bind the other party in any manner whatsoever.

  1. Choice of Law; Venue. 

This Agreement and all matters arising out of or relating to this Agreement, including tort and statutory claims, are governed by the laws of Colorado, without giving effect to any conflict of laws provisions thereof that would result in the application of the laws of a different jurisdiction. Either party may institute any legal suit, action, or proceeding arising out of or relating to this Agreement in the federal or state courts in each case located in Colorado and each party irrevocably submits to the exclusive jurisdiction of such courts in any legal suit, action, or proceeding.

  1. Agreement.

This Agreement, including and together with any related attachments, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

  1.  Severability. 

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the enforceability of any other term or provision of this Agreement, or invalidate or render unenforceable such term or provision in any other jurisdiction.

  1. Acknowledgement

Licensee acknowledges that they have read this entire Agreement prior to entering into this Agreement. Licensee has the right to have this Agreement reviewed by an attorney.

Metrics 101, Metrics Mastery, CEO Essentials Dashboard, or any dashboard template purchase

When download or purchase of any of the resources made available on carolynobrienobm.com and metricssuccess.com occurs, you agree to the following terms and conditions.

There are no refunds available once the product is purchased. Additionally, templates provided in Metrics Mastery cannot be resold as templates for profits. Templates can be copied, edited, and modified for your own use and can be used for a client, but cannot be resold as a template for further use.

Use is For Educational and Informational Purposes Only

As set forth more fully in the Disclaimer, the information contained on this Site and the resources available for download through this Site are for educational and informational purposes only. ​ The information contained on this Site and the resources available for download through this Site are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice. 

Accuracy and Personal Responsibility

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Site and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Site or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Site, you accept personal responsibility for the results of your actions.  You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Site or the resources available for download from this Site. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Site.

No Guarantees as To Results

​As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Site or not. The Company provides educational and informational resources that are intended to help users of this Site succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles set out in this Site are no guarantee that you or any other person or entity will be able to obtain similar results.

Email and Other Electronic Communications

By visiting the Site or sending any electronic communication to us, you consent to receive electronic communications from us.  Nonetheless, electronic communication will not create a business relationship or any contractual relationship with us.  As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential.  However, we cannot guarantee the security of, nor can we guarantee that we would not be required to disclose, such communications to authorities, such as in a legal proceeding.  Please also read our Privacy Policy for further information.

Use of Communication Services

If our Site contains bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.  You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services but reserves the right to review materials posted and to remove any materials in our sole discretion. We also reserve the right to terminate your access to any or all of the services at any time without notice for any reason whatsoever.  Materials you uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload materials. We recommend that you use caution when giving out any personally identifying information about yourself in any Communication Service.

We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we disclaim any liability with regard to the Communication Services and any actions resulting from your participation.  Views expressed on the Site and in any communication do not necessarily reflect those of the Company.

We further reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.  

User Submissions to The Site

We will not claim ownership of the materials you provide to the Site (whether a suggestion, post, review, upload, input, etc.) (“Submissions”).  By making any Submission you are granting us and our affiliates permission to use the Submission in connection with the operation of our businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, ad make derivative works of the Submission; and to publish your name in connection with your Submission.  We do not have to use your Submission, allow it to be seen, or pay you for it. By submitting, you represent that you own or control all of the rights to your Submission for us to use it.

Links 

If our Site contains links to other websites (“Links”), you agree that the other websites are not under our control and that we are not responsible for the contents of any such website.  Links are provided only as a convenience, and do not mean we endorse that site or anything it contains, says or does.  Similarly, by clicking through any Links, know that the websites they connect you to may gather data from you automatically, and by linking you are consenting to such activity.  If you do not agree with this, do not click or otherwise access the Links.

Use of Our Materials – Templates, Forms, Publications, etc.

We may provide various materials, such as templates, forms, publications, checklists, articles, and the like for download and/or sale on this Site. The Company grants you a limited, personal, non-exclusive, non-transferable license to use those materials for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to resell, modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the materials beyond their intended limited use by you. 

No Warranties

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS SITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS SITE.  YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS SITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE 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. THE COMPANY AND/OR ITS 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 THE COMPANY AND/OR ITS 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Arbitration

​You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Site, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. 

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Denver, CO, USA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

International Users

The Site is controlled, operated and administered by us from within the United States of America (“USA”). If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site or its content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or any contents, materials or services, any Submissions, your violation of any terms of these Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.   We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

No Joint Venture or Other Relationship​

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or your use of the Site.

Entire Agreement​

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between you and the Company with respect to the Site.   This agreement, as amended from time to time, shall replace and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between us and you with respect to the Site.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Contact Us

If you have questions or comments regarding the Terms of Use, please contact us at

Carolyn O’Brien LLC

Guilford, CT 06437

Email Address: [email protected]

Modified May 9, 2024.