Terms & Privacy
www.sherylguarniero.com is a site operated by Sheryl Senczakiewicz aka Sheryl Guarniero ("we" or “us”). Our email address is firstname.lastname@example.org.
We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.
You must comply with the provisions of our Acceptable Use Policy when using our site.
It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without a license from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.
If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
RELIANCE ON INFORMATION AND LINKS
The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
LINKING TO OUR SITE
You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you.
You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
UPLOADING MATERIAL TO OUR SITE
When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss.
Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
VIRUSES, HACKING AND OTHER OFFENSES
You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
Terms of Website Use
Sheryl Guarniero Coaching ("We") are committed to protecting and respecting your privacy.
This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read this policy carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting sherylguarniero.com (our site) you are accepting and consenting to this policy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Sheryl Guarniero Coaching of 28 Valley Rd. Suite 1, Montclair, NJ.
Our nominated representative for the purpose of the Act is Sheryl Senczakiewicz.
Information we may collect from you :
We may collect and process the following data about you:
Information you give us. You may give us information about you by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you join our email list, subscribe to our service, place an order on our site or enter a competition, promotion or survey and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photographs.
· Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
· technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
· information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
Uses made of the information
We use information held about you in the following ways:
· Information you give to us. We will use this information:
· to carry out our obligations arising from any arrangements entered into between you and us and to provide you with the information, products and services that you request from us;
· to provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about;
· to provide you with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. If you are a new customer we will contact you only if you have consented to this. If you do not want us to use your data in this way, please tick the relevant box situated on the form on which we collect your data (the registration form);
· to notify you about changes to our service;
· to ensure that content from our site is presented in the most effective manner for you and for your computer.
· Information we collect about you. We will use this information:
· to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
· to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
· to allow you to participate in interactive features of our service, when you choose to do so;
· as part of our efforts to keep our site safe and secure;
· to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Disclosure of your information
Storage of your personal data
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of $20 to meet our costs in providing you with details of the information we hold about you.
Coaching, purchases and program terms
Terms referred to in this contract are interpreted to mean the following :
a. “Me, Us or I” Sheryl Guarniero Coaching
b. “You” the client and participant in the Coaching Program
c. “Program” the Limitless Life Coaching Program
d “Session” the coaching calls between us will be referred to as Sessions.
Terms of Engagement
1.1 You are engaging with Sheryl Guarniero, Director and Founder of Sheryl Guarniero Coaching as a Life and Business Coach to provide coaching services to you as per the terms of this agreement.
1.2 This contract between us will commence on the date you sign the agreement continuing to the date that is 6 months hereof or from the date of our first session, whichever is the latter.
1.3 The above duration will be subject to that at all times the client has received 12 “Sessions” of 60 minute duration save for the exception of clause 2.3.
1.4 Your coaching “Sessions” will take place bi-weekly via Skype, phone call or Zoom. Where possible we will attempt to hold “Sessions” on the same day and time of the week. It is hereby agreed that on occasion due to holidays and/or events for either “you” or “us”, “Sessions” may on occasion be closer together (every week) or further apart (three weeks apart).
1.5 You have unlimited email access to me only, this does not include text messages, Facebook messenger or any other social media source. You are of course permitted to use these sources if you need to by way of an emergency.
2. Sessions and Cancellations
2.1 In some circumstances “Sessions” may need to be rescheduled by either party and it is hereby agreed this will be with as much notice as possible with a minimum of 24 hours prior to the session.
2.2 If you need to reschedule one of your coaching sessions, you should provide me with as much notice as possible by emailing Sherylguarniero@gmail.com and we will reschedule the session to a mutually convenient date and time.
2.3 If you provide me with less than 24 hours’ notice or fail to provide me with any notice, your “Session” will be lost and will not be replaced.
2.4 If due to extreme and exceptional circumstances, “You” fail to attend or reschedule your “Session” within 24 hours, it is with “my” discretion that your “Session” be rescheduled. It will be determined by me as the Director of Sheryl Guarniero Coaching as to what circumstances can be deemed to be extreme and exceptional. Some examples are death, serious injury or illness to “You” or anyone close to you.
2.5 If you arrive late for an agreed session, the time in your session will be lost and not replaced save for the same extreme and exceptional circumstances as highlighted above.
2.6 Please note in extremely rare circumstances if deemed that an extreme or exceptional circumstance has taken place and is impacting you on a longer term basis, it may be possible to defer your sessions for between one to three months. This will be a decision made at my discretion.
2.7 Please note however in all the above circumstances I will not be obliged to refund you any amounts paid in relation to such “Sessions” lost.
2.8 Where Sessions are held in third party venues, you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). You will be required to leave the venue if you do not comply with such policies and rules (and I shall not be obliged to refund you any amounts paid in relation to such Session).
2.9 You are responsible for your own belongings that you take to a Session and neither I nor any third party venue will be liable for any loss, damage, theft or destruction of any of your belongings.
2.10 You agree to reimburse me in full and indemnify us against any claim from any third party and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a third party venue.
3. My Duties and Obligations
3.1 I shall provide all coaching services and “Sessions” with due care, skill and ability.
3.2 Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law.
3.3 Due to the nature of coaching, success is dependant on a number of factors, I do not guarantee any particular results. Please note coaching works best when both parties are 100% committed, therefore I expect you to come fully prepared to your “Sessions” with a list of topics, intentions and help you want to receive during our “Session” together.
3.4 I shall respond to all email inquiries and support requests within 24 hours Monday to Friday between 8.30 am and 4.30 pm EST US time.
3.5 I will ensure that all information that I provide is accurate and up-to-date but I shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
3.6 I acknowledge that in the course of the “Program” I will have access to your confidential information and we agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information.
This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law;
(b) any use or disclosure which I in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
(c) any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.
3.7 You acknowledge and agree that your personal data will be processed by and on behalf of me as part of us providing the “Program” to you.
3.8 I acknowledge that in the course of providing the Services I will have access to Confidential Information.
3.8.1 I agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:
. (a) any use or disclosure authorised by you or required by law;
. (b) any use or disclosure which I in my absolute discretion consider necessary or
advisable in order to prevent illegal acts or harm to you or to others; or
. (c) any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.
3.8.2 As is good practice in coaching, I undertake coaching myself and help my clients become better coaches. You agree that I may disclose any issues which arise out of our “Sessions” with my own coach, other clients, group and so forth but I only agree to disclose such issues on a general basis and without disclosing any names.
3.7.3 You may disclose to third parties such information about the Sessions as you wish.
4. FEES & PAYMENT
4.1 Total payment due if paid in full on registration.
4.2 Total payment due if paid in instalments
4.3 The total price payable for the Program is as set out in the summary of key terms above.
4.4 Payment is to be made by any method as agreed between us or that is detailed on my site, which may vary from time to time.
4.5 Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to
(i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of Santander from time to time in force and/or
(ii) suspend the availability of the Program until such time as payment is made or the Contract is terminated.
4.6 The total price payable as set out in the summary of key terms is inclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.
4.7 Please note due to business services being provided, save for extreme circumstances all payments are non-refundable.
5. INTELLECTUAL PROPERTY
5.1. I am the owner or the licensee of all Intellectual Property Rights and all other rights in the Program and all content within the Program and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Program or the content of the Program to you or to any other person.
5.2. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the Program.
5.3. I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Program for the purposes for which the Program were provided only.
5.4. Except as set out in paragraph 6.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
5.5. You may not without our prior written consent make any audio or visual recordings of any part of my Program.
5.6. I may from time to time record the Program being delivered during your attendance. You authorize me to use your image and voice in any such recordings without payment, other condition or need for further consent.
5.7. You acknowledge that certain information contained in the Program and Program materials is already in the public domain.
5.8. You are not permitted to sell or promote products or services to other participants in the Programme at or during any part of our Programme without our prior written permission.
5.9.The provisions of this paragraph 7 shall survive termination of the Contract.
6. TERM AND TERMINATION
6.1. The Contract shall continue until the end of the Program when the Contract shall expire. All Terms will expire other than for the Terms that are specifically stated to remain in force.
6.2. Notwithstanding the provisions of paragraph 6.1 or 6.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
6.2.1. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
6.2.2. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
6.2.3. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
6.3. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
6.4. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
6.5. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
6.6. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
6.7. This paragraph 8 shall survive termination of the Contract.
6.8. Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.7 and all other paragraphs that refer to “termination”.
7.1. Nothing in this paragraph 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
7.2. We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Programme.
7.3. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Programme.
7.4. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
7.5. We shall not be not liable for additional costs incurred by you as a result of changes in (i) the Program, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) trainers, instructors or coaches.
7.6. The provisions of this paragraph 8 shall survive termination of the Contract.
7.7. You acknowledge and agree that:
7.7.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Program (which shall be deemed to have been terminated by mutual consent);
7.7.2. in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Programme other than as expressly set out in the Contract.
8.1. By registering for our Program you warrant that:
8.1.1. You are legally capable of entering into binding contracts; and
8.1.2. You are at least 18 years old; and
8.1.3. That all information you provide us with is materially true and accurate at all times and not misleading in any way.
8.2. You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
8.3. We may vary these Terms (other than the price payable by you for the Program) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Program will be deemed to be your acceptance of any new Terms.
8.4. The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
8.5. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
8.6. If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
8.7. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
8.8. A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
8.9. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
8.10. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
8.11. We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
8.12. Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.
Please note terms and conditions may vary depending on length and pricing of programmes you’ve purchased but the general terms shall apply above in all contracts and working with me.
Terms of Contract
Please read the terms of this policy carefully, as by using our site you indicate that you agree to comply with and be bound by them.
PROHIBITED USES OF OUR SITE
In particular, you must not use our site for the uses listed (without limitation) below:-
• any fraudulent activity;
• any activity which breaches any applicable law or regulation, whether national or international;
• any activity which may cause or result in harm to a child under 18 years of age;
• sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;
• reproducing, selling or otherwise handling our site or its contents in breach of our terms of website use;
• knowingly introducing to our site, or transmit or attempt to transmit to any other site, computer or network, viruses, trojans,
• worms, logic bombs or other material, code or program which is malicious or technologically harmful;
• attempting to gain unauthorised access to our site, our software, our server, or any server, computer or database connected to our site; or
• attacking our site via a denial-of-service attack or a distributed denial-of service attack.
CONTRIBUTING AND INTERACTING
Our site may offer users the facilities to upload or contribute content or other material, or to interact with other users.
When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.
In addition, any contribution or interaction must not include any material which (without limitation):-
• is defamatory, obscene, offensive, hateful or inflammatory;
• is, or refers to material which is, sexually explicit;
• promotes violence, illegal activity or any form of discrimination;
• infringes any other person’s copyright, database right or trade mark;
• threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;
• advocates, promotes or assists any illegal activity;
• is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);
• invades another’s privacy or cause inconvenience or anxiety to any person;
• is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
• gives the impression that the material emanates from us, if this is not the case.
If we at any time use our site to provide users with any interactive service, the following moderation provisions will apply:-
• we will notify users if moderation is in place, and, if so, whether the moderation is provided by a person or is automated;
• if moderation is in place, we will give you a means to contact the moderator;
• although we will do our best to assess any risks which such interactive service may pose, we will be under no obligation to moderate it, and we expressly exclude any liability for any loss or damage to any person caused by use of it; and
• children should at all times be supervised when using the interactive services on our site, whether such services are moderated or not.
BREACHES OF THIS POLICY
Please check this page regularly, as we may revise this acceptable use policy at any time. We may also change or update our acceptable use policy at any time by means of notices published anywhere on our site.
Cookies are used on this website to make the site easier to use and to track the traffic patterns of visitors. We are operating an ‘implied consent’ policy which means that we assume you are happy with this usage. If you are not happy with this, then you should adjust your web browser settings to disallow cookies.