Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS/PRIVACY POLICY RELATING TO YOUR USE OF OUR WEBSITE AND SERVICES CAREFULLY.

By using this site and our services, you have agreed to these terms and conditions of use. We reserve the right to modify them at any time. It is recommended that you check these terms and conditions periodically for changes. By using our website(s) and services after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use our website(s) and services.

Summary of Terms and Conditions
These terms and conditions apply to your use of all services owned or operated by Within Your Reach Consulting Services, LLC. These terms and conditions do not apply to your use of unaffiliated websites to which this website/services links.

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Copyright Restrictions
The contents of our websites are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within our website only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of our website(s). Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, display or commercially exploit any material from our website.

You must abide by all additional copyright notices or other restrictions contained within our website(s).

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External Resources
These terms and conditions apply only to our website(s), and not to the websites of any other companies or organizations, including those that link to our website(s). We are not responsible for the availability of any other website to which any of our website(s) links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website’s administrator or webmaster.

Permission must be granted by us for all types of links to our website. To seek our permission, you may write to Within Your Reach Consulting Services, LLC, P.O. Box 60393, Savannah, GA 31420. We reserve the right, however, at any time, to rescind any permission granted by us to link to our website(s).

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Ownership Rights
We welcome your comments about our website/services. To avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. If you send us any creative idea, suggestion or material, it shall become our property. No submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any submission. Any service(s) designed specifically for you and your group/organization whether it be customized or not, will be used by Within Your Reach Consulting Services, LLC as we see fit. We will exclusively own all known or later-existing rights to the submission worldwide, and will be entitled to the unrestricted use of the submission for any purpose, without compensation to the provider of the submission.

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Disclaimers
The services, products and materials on our website(s) are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Neither we nor any of our respective licensors or suppliers warrant that any functions contained in our website will be uninterrupted or error-free, that defects will be corrected, or that our website or the server that makes them available are free of viruses or other harmful components.

Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products or materials in this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

We do not endorse, warrant or guarantee any products or services offered on our website(s). We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

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Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on our website, or any products or services provided pursuant to our website, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing our website.

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Damages/Substitution of Services
The information contained in or made available through our website cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a medical doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through our website. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. We do not recommend or endorse any specific health care provider.

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Membership Agreement

Each Member, including its employees, officers and directors, agrees to abide by the terms and conditions of Within Your Reach Consulting Services, LLC (herein referred to as WYR) membership (“Terms and Conditions”), as set forth below. WYR may change the Terms and Conditions at any time with or without notice and each Member’s continued participation in the WYR shall be considered acceptance of such changes. Failure to comply with WYR Terms and Conditions may result in the suspension or termination of Company’s WYR membership, such suspension or termination to be determined in the sole and absolute discretion of the WYR. Additionally, WYR may pursue all available legal and equitable remedies.

TERMS AND CONDITIONS

Term
The initial term of WYR membership is an ongoing month-to-month (“Initial Term”). A Member’s membership shall be renewed automatically for each month. under the same membership terms and conditions of such Member’s current WYR membership unless such Member notifies the WYR in writing at least thirty (30) days prior to the expiration of the Initial Term or any Renewal Term of its intent not to renew or of its intent to change its membership category.

Termination Policy
If any Member cancels its membership prior to the expiration of the Initial Term or any Renewal Term, Member shall pay any outstanding amount within five (5) days of cancelling its membership. Member hereby authorizes WYR to charge Member’s credit card or debit Member’s debit card account in the amount of the remaining balance of Member’s membership. WYR may, in its sole and absolute discretion, terminate Member’s membership if Member fails to pay dues or fees, or if Member’s debit/credit card does not authorize automatic deduction within sixty (60) days of invoice. If Member’s membership is so terminated, Member shall be obligated to pay all remaining membership dues. Member hereby authorizes WYR to charge Member’s credit card or debit Member’s debit card account in the amount of the remaining balance of Member’s membership.

Fee Increase:
WYR may increase membership fees upon the expiration of a Member’s Initial Term or Renewal Term.

Content and Copyright Notice
WYR owns all right, title and interest in the WYR Site and all content on the WYR Site, as well as all other content created or otherwise owned by WYR (“WYR Content”). WYR Content is available to Members for their personal and non-commercial use. Any redistribution or reproduction of part or all of the WYR Content in any form is prohibited other than the following:

  • Members may print or download extracts of the WYR Content for personal and non-commercial use only.
  • Members may make copies of WYR Content for individual third parties for their personal and non-commercial use, but only if Members and such third parties acknowledge that the WYR is the source of the material and do not remove or alter any copyright notice in the WYR Content.

Members may not, except with WYR’s express written permission, distribute or commercially exploit the WYR Content nor transmit it or store it in any other website or other form of electronic retrieval system.

Confidential Information 
Certain WYR Content may be marked “Confidential” or “Proprietary.” In that event, Member agrees to maintain the confidentiality of such content and not disclose or make it available to any third parties.

Contributions to WYR
Members may contribute to WYR Content, in various forms including, but not limited to, submitting ideas, participating in committees, and making presentations. Member hereby fully and irrevocably grants, assigns and conveys to WYR all right, title and interest worldwide in and to all Content conceived, reduced to practice, authored, developed or delivered by Member, Member’s officers, directors, employees, agents and independent contractors acting on Member’s behalf, either solely or jointly with others, including, but not limited to (i) any Content expressly labeled as “Content” or provided with an express statement that it is a contribution to WYR; (ii) any Content provided to WYR to be included in WYR standards, specifications, policies, guidance, reports, analyses, procedures that are published by the WYR or as part of a larger compilation or identified as a WYR publication, whether in written or electronic form; or (iii) any Content that is developed in connection with Member’s membership in WYR, developed in connection with Member’s participation in a WYR working group or committee, or developed by Member in connection with Member making a presentation at a WYR event. For purposes of this provision, “Content” means images, text, written works, standards, designs, graphics, pictures, business and product names, domain names, corporate names, logos, slogans, inventions (whether or not patentable), processes, formulae, industrial models, specifications, data, databases and data collections, technology, methodologies, computer programs (including all source codes, object codes, firmware, software, development tools, files, records and data and improvements thereof), software and any and all other copyrightable material. Content shall be the exclusive property of WYR (becoming WYR Content) and WYR shall have the right to use the Content, or any part or parts thereof, as it sees fit. Member will not seek, and will require its officers, directors, employees, agents and independent contractors acting on its behalf, not to seek, patent, copyright, trademark, registered design or other protection for any rights in any such Content. Member agrees that it shall require its personnel, at WYR’s expense, to take any actions and execute all documents as WYR may reasonably require to vest in WYR or its nominees the rights referred to herein and to secure for WYR or its nominees all right, title and interest in and to the Content.

WYR Trademark Use & Conditions

  1. WYR is the owner of the Marks (as hereinafter defined) and desires to allow Member to utilize the Marks only in accordance with the terms and conditions set forth herein. “Marks” shall include the name “Within Your Reach Consulting Services, LLC” or “Within Your Reach” the abbreviation “WYR” and any and all related designs and logos and any modifications or derivations thereof.
  2. WYR grants to Member the non-exclusive, revocable right to use the Marks on Member’s presentations, web site, correspondence, business cards and other documents or media, solely for the purpose of identifying itself as a member of WYR. Member shall not use the Marks for any other purpose.
  3. Any reference by Member to the WYR Site, including but not limited to www.withinyourreach.org, shall include a link to such website and any reference by Member to statistics, reports or other materials produced and/or owned by WYR shall include a reference to any and all of WYR’s copyright or other ownership interest in the same.
  4. Member shall not have the right to sublicense, authorize or enter into agreements with other persons, firms, entities or corporations granting to any of them the right to use the Marks or any other property owned by WYR.
  5. Unless terminated as provided below, Member’s right to use the Marks in accordance herewith shall terminate upon termination of Member’s membership in WYR for whatever reason.
  6. Member’s right to use the Marks in accordance herewith may be terminated by WYR in the event WYR determines, in its sole and absolute discretion, that Member has failed to comply with the terms and conditions set forth herein.  In the event of termination, Member shall discontinue use of the Marks within three (3) days of the date of such termination.
  7. Member acknowledges and agrees that WYR is the sole owner of the Marks and Member is stopped from claiming any ownership rights in the Marks or otherwise use any trademarks or service marks that are the same or similar to the Marks.
  8. In the event Member becomes aware of (i) any use by third parties that infringes on the Marks, or (ii) any claims by third parties against Member’s use of the Marks, Member shall notify WYR of such infringement, claim, suit or demand.
  9. Member agrees to defend, indemnify and hold WYR, its officers, directors, employees, agents, representatives, successors and assigns, harmless against all losses, damages or expenses of whatever form or nature, including reasonable attorney’s fees and other costs of legal defense, whether direct or indirect, which they, or any of them, may sustain or incur as a result of Member’s use of the Marks.
  10. If any legal action is initiated by either Member or WYR related to Member’s use of the Marks, the prevailing party shall be entitled to recover from the other party reasonable costs and attorneys’ fees in addition to any other relief that may be awarded.

Online Payment Center Terms and Conditions

By accessing or using WYR’s online payment service, Member agrees to be bound by all applicable terms and conditions. WYR may modify the terms and conditions at any time, with or without notice.

The WYR online payment service is provided to Member to facilitate payment of dues, sponsorships and other products and services. Member will receive a confirmation once payment has been received. PayPal Payflow Gateway and WooCommerce a third party service, processes payments.

WYR will not be liable for any deficiencies in the accuracy, completeness, availability, privacy, security or timeliness of payment information sent via this online payment service. WYR will not be liable for any damages of any kind arising from the use of this online payment site, including, but not limited to, direct, indirect, incidental, consequential, exemplary, and punitive damages. WYR will not be liable for any breach of Member’s personal or credit card information resulting from the interception of such information during its transmission to WYR. Member expressly agrees that its use of this service is at Member’s sole risk. Member agrees that it will not intentionally provide false information when accessing or using the WYR’s online payment service.
WYR is committed to Member’s privacy and will not distribute information sent via this service to third parties. WYR’s finance and membership departments alone have access to data collected and will not store any personally identifiable information, including credit card information.

For questions regarding using this online payment service, please contact withinyourreach.org

Recurring Payment Authorization (Credit Card/Debit Card)
By applying for recurring payments, Member accepts these terms and conditions authorizing WYR to charge the credit card or debit the debit card account that Member has specified in the amount of the balance due as part of Member’s WYR membership. Member agrees that the payment card specified by Member for automatic bill payments to WYR is, and will continue to be, an account that Member owns, and that Member will maintain sufficient availability under Member’s credit card limit, or sufficient funds in the account linked to Member’s debit card or credit card, as applicable, to pay Member’s WYR bill. The automatic charge to Member’s credit card or debit to Member’s debit card account will occur on or after the first day of the applicable month. Once the payment has been processed, Member will receive an electronic (email) notification that payment has been applied to Member’s card for the sum of Member’s partial membership dues from the WYR’s finance department.

These terms and conditions will constitute Member’s copy of Member’s recurring payment authorization to WYR. Member should print and retain a copy of this recurring payment authorization for Member’s records.

Recurring Payment Authorization Cancellation
Member may cancel its recurring payment authorization to WYR at any time. However, Member acknowledges and agrees that it must pay in total any remaining balance of Member’s membership fees for Member’s Initial Term or any Renewal Term via credit or debit card, check or wire transfer at time of such cancellation. If WYR does not receive full payment within five (5) business days of such cancellation, Member hereby authorizes WYR to charge Member’s credit card or debit Member’s debit card account in the amount of the remaining balance of Member’s membership.

Disclaimers; Limitation of Liability

THE WYR SITE, WYR CONTENT AND ANY OTHER GOODS OR SERVICES PROVIDED BY WYR ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS MADE BY WYR WITH RESPECT TO THE FOREGOING, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. FURTHERMORE: (a) WYR MAKES NO WARRANTY THAT THE WYR SITE OR WYR CONTENT, AND ACCESS THERETO, WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; (b) MEMBER’S USE OF THE WYR SITE AND WYR CONTENT, AND MEMBER’S RELIANCE THEREON, IS AT MEMBER’S OWN RISK; (c) WYR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ADEQUACY, TRUTH, COMPLETENESS, ACCURACY OR TIMELINESS OF WYR CONTENT, AND; (d) WYR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

UNDER NO CIRCUMSTANCES SHALL WYR OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF MEMBER’S MEMBERSHIP IN WYR, THE USE OF, OR INABILITY TO USE, THE WYR SITE OR WYR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WYR OR ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WYR’S MAXIMUM LIABILITY TO ANY MEMBER SHALL BE THE AMOUNT OF THE MEMBERSHIP DUES PAID BY MEMBER TO WYR IN THE TWELVE MONTHS PRECEDING THE MEMBER’S CAUSE OF ACTION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WYR AND ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED BY THE LAW OF SUCH JURISDICTION.

OPTING IN / OUT OF OUR EMAIL NOTIFICATION SYSTEM

We may use your personal information to contact you with information, newsletters, marketing or promotional materials and other forms of information that may be of interest to you. You may opt out receiving any or all of these communications by simply following the unsubscribe link or instructions we provide in your correspondence. Please note, should you unsubscribe, you agree to be solely responsible for not receiving necessary information required to fully participate in any program, products or services you subscribe to.

Governing Law and Venue

These Terms and Conditions shall be construed, enforced and performed in accordance with the laws of the State of Georgia, without reference to its principals of conflicts of laws, to the extent not pre-empted by federal law. The United States District Court or any State Court located in Georgia shall have exclusive jurisdiction over the parties to enforce these Terms and Conditions.

If you have any questions in regards to the information in this document, please contact  customerservice@withinyourreach.org

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