Terms

Last updated on 18, Aug 2020

OVERVIEW OF TERMS

Annemeixner.com website provides descriptions of Anne Meixner’s consulting engineering services and provides resources for engineers to further their professional development. It provides users with access to articles, career development guides and information regarding upcoming training.

This website is operated by The Engineers’ Daughter LLC. Throughout the site, the terms “we”, “us” and “our” refer to The Engineers’ Daughter LLC, a sole proprietorship of Anne Meixner. The Engineers’ Daughter LLC offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the terms and conditions (“Terms of Service”, “Terms”) referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We use several e-commerce and service platforms that enable us to provide products and services to you.  We use GetReponse to provide webinars, we use MemberPress for our subscription program and we use Stripe as our payment processor.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are not of the age of legal consent, you are advised to either obtain permission from a parent or guardian, or otherwise terminate use of this Website.

You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature, or for any other reason or purpose.

A breach or violation of any of the Terms will result in an immediate termination of your services.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. ​

We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Use of Free Downloadable Content

We provide some resources on this Website, which users may access by providing an e-mail address. We grant you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (this will be referred to as “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold, re-used, republished, or redistributed without the express written consent of the Company.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us or any association with its operators.

Third-party links on this website may direct you to third-party websites which are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Eligibility and Registration for Membership

We offer “Traveling the Technical Trail” as a Membership product. To use this product, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. To become a Member you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction.

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Upon completing the Membership registration process you will receive a password which will allow access to Membership services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments or unsolicited materials of any kind; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are, for example but not limited to, content that we determine is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware which could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy and legality. We take no responsibility and assume no liability for any comments posted by you or any third-party.

If you believe that any content on the Website is violates your rights, or the rights, including copyright, trademark, privacy, publicity or other intellectual property rights, please contact the Website administrator to file a formal notice. We shall review all such complaints, including copyright infringement claims under the Digital Millennium Copyright Act (DMCA), and take appropriate actions upon review of any such claims.

Guidelines For International Users

The Service is operated and administered by us from our offices within the USA. Recognizing the global nature of the Internet, you agree to comply with all local laws regarding online conduct and acceptable Content in the country in which you reside. Specifically, you agree that you will not use the Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnify

You agree to indemnify, defend and hold harmless The Engineers’ Daughter LLC and, without limitation or exception, our affiliates, partners, agents, contractors, licensors, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Changes to Terms of Service

We may revise and update these Terms of Use from time to time in our sole discretion by posting updates and changes to our Website. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. It is your responsibility to check our Website periodically for changes.

Prices for our products are subject to change without notice.

You can review the most current version of the Terms at any time at this page.

Privacy Policy

Your submission of personal information and certain other information about you is governed by our Privacy Policy. You can view our full privacy policy at this LINK. Your agreement to the Privacy Policy is incorporated into these Terms.

Termination

The obligations and liabilities of Website users and us incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate your use of the Website at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Disclaimer of Warranties; Limitations of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall The Engineers’ Daughter LLC, our affiliates, partners, agents, contractors, licensors, service providers, suppliers, or employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of any other such right or provision.

These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Oregon (USA). Venue for the resolution of any disputes or issues will be exclusively in the state or federal courts of Multnomah County, Portland, Oregon, United States.

Serviceability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Contact Information

Questions about the Terms of Service should be sent to us at info@annemeixner.com

The Engineers’ Daughter LLC, 3203 NE 33rd Ave, Portland, OR 97212

Last updated- 18 Aug 2020