Terms of Service | Victoria Winters

Terms of Service

Caravelle Associates LLC

Introduction:

The following Terms of Service are entered into by and between You and Caravelle Associates LLC (“Caravelle Associates”,“Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of VictoriaWintersAuthor.com, including any content, functionality and services offered on or through VictoriaWintersAuthor.com (the “Website”), whether as a guest or a registered user.

Carefully read the Terms of Service before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Service are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Service will control. If you do not want to agree to these Terms of Service including the agreements incorporated by reference herein, you must not access or use the Website. This Website is owned and operated by Caravelle Associates.

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

2. Modifications:

These Terms of Service were last updated on the “Updated” date indicated at the end of this document. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these Terms of Service on a regular basis to keep yourself apprised of any changes. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. When using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

3. Use of Site:

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

Caravelle Associates grants you (as a permitted user) a limited, revocable, non-exclusive license to access our Website for your own personal use and in compliance with applicable law. Use of our Website beyond the scope of authorized access granted to you by these Terms of Service immediately terminates that license.

Access and use of our Website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Caravelle Associates is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of the Website for any reason. All rights not expressly granted by these Terms of Service are reserved to us, or, if applicable, our licensors.

4. Copyright:

Our Site contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”). Content displayed on or through our Website is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions. You agree not to copy, modify, create a derivative work from or redistribution of our Website or the collective work, and/or copying or reproducing our Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Caravelle Associates. Any rights not expressly granted herein are reserved by Caravelle Associates.

You agree not to reproduce, modify, duplicate or copy content from our Site without the express written consent of Caravelle Associates, and agree to abide by any and all copyright notices displayed on our Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our Website.

The brand names, slogans, characters and other trademarks, as well as the package designs of all Caravelle Associates products, programs, and promotions belong exclusively to Caravelle Associates and/or its affiliates, and are protected from copying and simulation under national and international trademark and copyright laws and treaties throughout the world.

Although Caravelle Associates does not claim ownership of content that its users post, by posting content to any area of our Website that is accessible to all users, you automatically grant, and you represent and warrant that you have the right to grant, to Caravelle Associates an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content, and create compilations and derivative works from such content, as part of our Website or otherwise.

5. Disclaimer:

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

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

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website 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 Website 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 Website, 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 Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

6. Third Party Material:

Under no circumstances will Caravelle Associates be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Caravelle Associates does not pre-screen content, but that Caravelle Associates and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Caravelle Associates and its designers will have the right to remove any content that violates these Terms of Service or is deemed by Caravelle Associates, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

7. User Content Shared:

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Caravelle Associates, its affiliated companies and partners (including but not limited to Caravelle Associates instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Caravelle Associates, its affiliated companies or partners are non-confidential and Caravelle Associates, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Caravelle Associates may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Caravelle Associates, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. Access and Use of the Service:

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website 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 Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

The Caravelle Associates service, and any content viewed through our service, is solely for your personal and non-commercial use. With your Caravelle Associates membership and program purchase we grant you a limited, non-exclusive, non-transferable, license to access the Caravelle Associates content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Caravelle Associates may revoke your license at any time at its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.

9. Restrictions on Use:

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

You may not use the Service for any illegal purpose or in any manner inconsistent with these Terms. You agree not to resale or other transfer to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of Caravelle Associates. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Caravelle Associates and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Caravelle Associates and such others. You agree to protect the proprietary rights of Caravelle Associates and all others having rights in the Service during and after the term of these Terms and to comply with all reasonable written requests made by Caravelle Associates or its suppliers of content, equipment or otherwise (“Suppliers”) to protect their and others’ contractual, statutory and common law rights in the Service. You agree to notify Caravelle Associates in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.

You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the Service, except that you may download material from the Service and/or make print copies for your use or use within your organization, provided that all copies retain all copyright and other proprietary notices. Without limiting the generality of the foregoing, the analysis and presentation included in the Service may not be recirculated, redistributed or published by you without Caravelle Associates’ prior written consent. Modification of the Service’s content would be a violation of Caravelle Associates’ copyright and other proprietary rights. Additionally, you may not offer any part of the Service for sale or distribute it over any other medium including a computer network or hyperlink framing on the internet without the prior written consent of Caravelle Associates. The Service and the information contained therein may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database Services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by you to any third party. You may not use any of the tradenames, trademarks, and logos displayed on this Site (collectively “Marks”), except as expressly provided in these Terms. Nothing appearing on this Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks. You will not use the Service, the information contained therein or any of Caravelle Associates’ names or Marks in unsolicited mailings or spam material and will not spam or send unsolicited mailings to any person or entity using the Service.

10. No Unlawful or Prohibited Use and Intellectual Property:

As a condition of your use of the Website, you warrant to Caravelle Associates that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Caravelle Associates or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Caravelle Associates’ content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Caravelle Associates and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Caravelle Associates or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Caravelle Associates. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

11. Your Registration Obligations – Accuracy and Personal Responsibility:

You may be required to register with Caravelle Associates in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither Caravelle Associates nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website 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.

12. Member Account, Password and Security:

You may never use another’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Caravelle Associates of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Caravelle Associates will not be liable for any loss or damage arising from your failure to comply with this Section.

13. Modifications to Service:

Caravelle Associates reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Caravelle Associates will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.

14. Email and Other Electronic Communications:

Visiting the Website or sending emails to Caravelle Associates constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

15. Mobile Services:

The Service may include certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted, and not all Mobile Services may work with all devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Caravelle Associates account information to ensure that your messages are not sent to the person that acquires your old number.

16. No Guarantees as to Results:

As set forth more fully in the Disclaimer, you agree that Caravelle Associates has not made any guarantees about the results of taking any action, whether recommended on this Website or not. Caravelle Associates provides educational and informational resources that are intended to help users of this Website 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 Caravelle Associates or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

17. Money Back Guarantee:

Given the nature and access of our products and programs, refunds are not available for customers after a purchase. Refunds are not available for accounts which have violated the terms of service; violations are determined at Caravelle Associate’s sole discretion. If Caravelle Associates determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund.

18. Fees:

To the extent the Service or any portion thereof is made available for any fee, you will be required to provide Caravelle Associates information regarding your credit card or other payment instrument. You represent and warrant to Caravele Associates that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Caravelle Associates the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Caravelle Associates to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate the charges have been paid, and you further agree to pay any charges so incurred. If you dispute any charges you must let Caravelle Associates know within sixty (60) days after the date that Caravelle Associates charges you. We reserve the right to change Caravelle Associates’ prices. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services.

19. Your Privacy:

We respect your right to privacy. For details, see our Company’s Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.

20. Use of Communication Services:

The Website may contain 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.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: 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.

Caravelle Associates has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Caravelle Associates reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves 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 Caravelle Associates sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. Caravelle Associates does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized as Caravelle spokespersons, and their views do not necessarily reflect those of the Company.

Materials 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 the materials.

21. Your Conduct and Responsibility:

You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Caravelle Associates or any other person may incur as a result of your submission of any information on or through this Website. Caravelle Associates reserves the right to refuse to post or to remove any content, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these terms of service.

To the extent that our Website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:
a. is unlawful;
b. includes personal or identifying information about another person without that person’s explicit consent;
c. impersonates any person or entity, including, but not limited to, a Caravelle Associates employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
d. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
e. is harmful, threatening, abusive, harassing, defamatory, pornographic;
f. harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
g. constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or Websites;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupts the normal use of our Website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our Website; or
j. employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our Website.

22. Submissions – User Generated Content:

You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.

Kindly do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us (collectively the “User-Generated Content”). If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment, to you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License”). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.

Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

23. Unsolicited Submission:

If you submit ideas, drawings, videos, photos, suggestions, comments, or similar information to Caravelle Associates, whether through our Website or otherwise, you do so with no expectation of confidentiality and with no expectation that you have any proprietary interest in the content of your submissions. You agree that the content of your submissions will immediately become the property of Caravelle Associates. You also recognize that your submissions may be used or developed by or on behalf of Caravelle Associates or its affiliates without any obligation to you.

24. No Warranties:

Caravelle Associates 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 Website. To the fullest extent permissible under the law, Caravelle Associates disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

25. Limitation of Liability:

You agree to absolve Caravelle Associates 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 website and/or the resources you may download from this website. You agree that Caravelle Associates 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 Website.

The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Caravelle Associates and/or its suppliers may make improvements and/or changes in the Website at any time.

Caravelle Associates 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 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. Caravelle Associates 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 Caravelle Associates 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 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 Caravelle Associates 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 the 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 these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

26. Membership Account:

Certain sections of our Site may only be available to you upon registration for a Website account. By registering, you represent and warrant to Caravelle Associates that: (a) all information provided by you to Caravelle Associates during the registration process is truthful, accurate and complete; and (b) you will comply with these terms of service. As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.

You will be responsible for any and all loss, damage, or additional costs that we and/or our service providers or others may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via our Website.

You acknowledge that you are solely responsible for maintaining the confidentiality of your account password, and that you (and not us) will be responsible for any loss resulting from any unauthorized use of your account or access to your content. You agree to immediately notify us of any unauthorized use of your account.

27. Use and Protection of Password and ID:

Caravelle Associates will assign a password and account ID to you so you can access and use certain areas of the Website. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and Caravelle Associates shall have no obligation to investigate the authorization or source of any such access or use. You acknowledge and agree that as between you and Caravelle Associates, you will be solely responsible for all access to and use of the Website by anyone using the password and ID assigned to you whether or not such access to and use of the Website is actually authorized by you, including all communications and transmissions and all obligations (including financial obligations for purchases through the Website) that may result from such access or use.

You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify Caravelle Associates of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.

28. Infringement Claims:

If any content posted on Caravelle Assocites’ Site infringes on your copyright, please notify our designated agent as follows: by mail at Caravelle Associates, LLC. 1278 Glenneyre 158, Laguna Beach, CA or by email: Info@VictoriaWintersAuthor.com. Caravelle Associates investigates notices of alleged infringement and takes appropriate actions under applicable law.

29. Notice of Claim:

Your notice of claimed infringement must include: (a) physical or electronic signature of the copyright owner of authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and that is to be removed from the site, as well as information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address; (e) a 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 applicable law; and (f) 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 copyright owner. Claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and lawyer’s fees.

30. Professional Information Disclaimer:

This Website may make available, reference or link to certain information related to professional fields including, without limitation, finance, business, health, marketing, advertising, sales, personal growth and development, and related matters. This information is provided for educational, informational, and entertainment purposes only and should not be interpreted as a recommendation for a specific financial, medical, business plan or course of action. Use of this information does not replace consultations with a qualified expert or other relevant professional for your unique life and business needs and circumstances. In addition, this professional information changes rapidly and therefore, some of it may be out of date.

You agree that all risk associated with the use of, or reliance on, any of this professional information rests with you. You further agree that Caravelle Associates, including its respective suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such professional information.

31. Professional Information Disclaimer:

This Website may offer access to third party Sites and content available over the Internet. Caravelle Associates generally exercises no control over such third-party Sites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the Terms of Service and privacy policies posted at these third-party Sites. Inclusion of a link to third party content does not imply endorsement by Caravelle Associates of such content. You further agree that Caravelle Associates shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third-party Sites or content.

32. Warranties and Liability Disclaimer:

This Website, including its content, is provided on an “As Is” and “As Available” basis without any warranty or condition of any kind, either expressed or implied. Caravelle Associates does not warrant the accuracy or completeness of the Content. Caravelle Associates and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers, shall not be liable for any (i) direct damages in excess of USD$100; or (ii) special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the Content or this Website. Caravelle Associates may make changes to this Website, or to the products described therein, at any time without notice. Caravelle Associates makes no commitment to update the information contained herein.

33. Disclaimer of Warranties:

Caravelle Associates makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

We do not warrant that the functions contained in any content (including, without limitation, User-Generated Content) will be uninterrupted or error-free, that defects will be corrected, or that the site or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, products or services contained on or offered, made available through, or otherwise related in any way to the site including, without limitation, any third-party site or service linked to from the site (and specifically no representation or warranty of correctness, accuracy, completeness, reliability or safety).

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Website. We cannot ensure that you will be satisfied with any product or service that you purchase from a third-party site that links to or from the Website or third-party information, content or materials contained on our Website. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the Website (including, without limitation, User-Generated Content), on third-party sites, and any information, content and materials you provide to or through any such third-party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third-party.

The Website and products/services contained thereon are not substitutes for the advice and treatment of a licensed financial expert professional. Not all products and services are suited for everyone. the creators of any products/services do not assume, and shall not have any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any information or any action following the information offered or provided within or through the site. If you have specific concerns or a situation in which you require professional or financial advice, you should consult with an appropriately trained and qualified specialist, such as a licensed accountant, financial adviser, financial planner, or other financial professional. Never disregard the financial advice of a professional, or delay in seeking such advice because of the information offered or provided within or through the Website.

34. Social Networking Services:

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the sites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Caravelle Associates use, storage and disclosure of information related to you and your use of such services within Caravelle Associates (including your friend lists and the like), please reference our Privacy Policy.

However, remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Caravelle Associates shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

In addition, Caravelle Associates is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Caravelle Associates is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Caravelle Associates enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

35. Release of Liability:

You acknowledge that you have carefully read this “waiver” section and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined below) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.

36. Termination:

Either you or Caravelle Associates may terminate these Terms with or without cause at any time and effective immediately. You may terminate by discontinuing use of the Service and destroying all materials obtained from the Service. These terms will terminate immediately without notice from Caravelle Associates if Caravelle Associates determines, in its sole discretion, that you have failed to comply with any provision of these Terms. Upon termination by you or upon notice of termination by Caravelle Associates, you must promptly cease all use and access to the Website and the Service, and destroy all materials obtained from the Service and any copies thereof. All Sections shall survive any termination of these Terms.

37. Disputes Between Users:

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Caravelle Associates will have no liability or responsibility with respect thereto. Caravelle Associates reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

38. Offers:

All offers made on our WebSite are void where prohibited, and are subject to posted rules pertaining to such offers.

39. Governing Law:

These Terms constitute the entire agreement between you and Caravelle Associates regarding your use of our Website, superseding any prior agreements between you and Caravelle Associates. These Terms shall be governed and construed in accordance with the laws of the United States of America and State of California, (and the federal laws of the United States of America applicable therein) without giving effect to conflicts of law principles thereof. You agree to submit to the jurisdiction of the State of California, federal courts located California, in the City of Santa Ana, and the Superior Court in the city of Santa Ana. with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts. The failure of Caravelle Associates to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

40. Questions, Concerns, Suggestions:

To report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service, kindly write to:

Caravelle Associates, LLC
1278 Glenneyre 158
Laguna Beach, CA 92651

Email: Support@VictoriaWintersAuthor.com

Effective as of December, 2021