USE AGREEMENT

(Terms And Conditions Of Use.)

PLEASE READ THIS USE AGREEMENT CAREFULLY BEFORE USING OUR SERVICES.

  THIS DOCUMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THIS SITE, THE LESSONS PROVIDED BY AND THROUGH THIS SITE, AND THE FORUMS AND BULLETIN BOARD IN THIS SITE. USING OUR SITE, THE LESSONS, THE FORUMS AND OR THE BULLETIN BOARD PROVIDED BY AND THROUGH THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.

1.   INTRODUCTION.
  JoAnna Brandi's Customer Care Coach ® ("Coach") provides its services, as they may exist from time to time ("Services"), to users who pay a subscription fee to use the Services ("Customer"). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.

  If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 9.

2.  PAYMENT OBLIGATIONS
  Payments: All subscription payments shall be made in advance by credit card transaction to JoAnna Brandi & Company, Inc., or by check at it offices in Boca Raton, Florida Refunds: Except as otherwise set forth in the Termination section below, Coach has a thirty (30) day money back guaranty if you are not completely satisfied with the Lessons.

3.  CUSTOMER'S ACCOUNT, PASSWORD, AND SECURITY.
  Upon registration, you the Customer will receive a username and a password to access the member site and use the lessons. This is a single user registration. You (the individual Customer) and only you are authorized to access the Member site, the bulletin board and the forum. If you wish to purchase a multi-user business account, for multiple users, contact Coach at: info@customercarecoach.com. You must keep your password confidential so that no one else may access the Services through your account. You must notify Coach immediately upon discovering any unauthorized use of your account.

  The use of your individual account is for the benefit of you and those people you manage within your organization, multi-manager use or using the account for others not under your immediate supervision is prohibited. Except as herein set forth, these lessons are for individual use only and cannot be resold or distributed without our prior written consent except as may be set forth within the lessons. Coach reserves the right to bill a single use Customer for multiple or general entity use should the foregoing provision be violated. Coach's failure to bill a single use Customer for said multi-manager use shall not be a waiver of its right to do so. These lessons are not intended and are not a substitute for company wide customer or service quality standards nor for proper compliance with any laws regulating you or your company's conduct.

4.  DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
  EXCEPT FOR PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY COACH AND HAVING A WARRANTY, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COACH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR OF VALUE OR APPLICABLE TO CUSTOMER'S SPECIFIC SITUATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OR IMPLIED FROM THE MATERIALS OBTAINED BY YOU FROM COACH OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. COACH SHALL NOT BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT OR TRANSMISSION OF INFORMATION OR MATERIAL, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON. COACH MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY INFORMATION OR SERVICE PROVIDED BY COACH. NO ADVICE OR INFORMATION GIVEN BY COACH OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. COACH AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, COACH'S CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

5.  EXCLUSIONS AND LIMITATIONS
  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

6.    LICENSE.
  Coach grants to each Customer a limited, nonexclusive, nontransferable and non-assignable license to use the Site and its associated documentation, and any updates thereto ("Licensed Lessons") in order to access and utilize the Services. Each Customer agrees to use the Licensed Lessons solely in conjunction with the Services and for no other purpose. Coach may modify the Licensed Lessons at any time, for any reason, and without providing notice of such modification to a Customer. The Licensed Lessons constitute confidential and proprietary information of Coach and embodies trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Lessons, including associated intellectual property rights, are and shall remain with Coach. The Licensed Lessons are automatically revoked upon Termination (defined below).

  Put simply, the site, the lessons and the information contained therein are confidential and are the property of Coach and you are not permitted to use them except as you have agreed in the subscription agreement. Use other than as agreed or copying or sharing any information except as otherwise provided is a violation of this agreement to use the site and may violate Coach's intellectual property rights - all of which are actionable.

7.   WEB SITE USAGE/ ACCEPTABLE USE POLICY.
  Web Site Usage: Our site on the World Wide Web with its home pages in the domain "customercarecoach.com" or any other site operated by Coach (the "Web site") is, except for our subscription Services, a complimentary information service offered by Coach at no charge to users. We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain "customercarecoach.com" is such a Web site. These links are provided for convenience only and are not intended as an endorsement by Coach of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

  Attribution of quoted material is believed to be accurate, should you find any information to be otherwise, please inform Coach and corrective measures will be taken if appropriate.

  Use of Bulletin Board and Forum: The use of the bulletin board and the forum on this Site are open only for current members but must not be used inappropriately. Coach shall be the sole judge of what constitutes inappropriate use or postings. Any inappropriate postings or comments shall be erased or deleted by Coach, however Coach will attempt to keep all objectionable or inappropriate stings, comments or messages off of the forum and or bulletin board, however it is impossible for Coach to review postings, comments or messages. All postings, comments or messages are those of the author posting or making them and are not those of Coach or any of its officers or employees. Inappropriate postings or comments include but are not limited to: foul, blasphemous, lewd, profane, obscene racial or hateful language; sexually oriented comments of any kind, the use of any entity's or corporation's name or sufficient reference to identify a corporation or entity; the posting of any address; the posting of anything containing derogatory remarks or comments about any person or entity; any type of commercial solicitation and any posting or comment that is prohibited by any law or rule governing same.

8.   ARCHIVED INFORMATION.
  Information regarding your use of the site and the lessons is archived for twice the length of your subscription agreement.

9.   TERMINATION.
  You may terminate your account for a full refund within the first thirty (30) days of your subscription if you are not completely satisfied with the Lessons by notifying Coach at refund@customercarecoach.com. You may terminate your account for Services at any time and for any reason by providing notice of intent to terminate to Coach by emailing your request to joanna@customercarecoach.com or by sending your request by certified mail, return receipt requested, postage pre-paid, addressed to JoAnna Brandi & Company, Inc., 7491 N. Federal Hwy. #304 C-5, Boca Raton, FL 33487-1658. Your termination will only be complete upon your receipt of a cancellation confirmation number from Coach. If you have a multi-user business account, charges to your account will stop accruing the day Coach provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation. Without prior notice, Coach may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if Coach, in its sole discretion, believes you have violated this Agreement, including our Acceptable Use Policy. Coach may provide termination notice to you by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service. Sections 3, 4, 5, 6 and 10 of this Agreement shall survive termination of this Agreement.

10.   JURISDICTION.
  You agree that the relationship between you and Coach is governed by Florida law without regard to conflict of law provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the state and federal courts of the State of Florida, County of Palm Beach. The failure of Coach to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Florida law and will be held in Boca Raton, Florida. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

11.   MISCELLANEOUS.
  If any provision of this Agreement 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 this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement, the Acceptable Use Policy, the Privacy Policy, and Coach's other user policies posted on Coach's Web site constitute the entire agreement between you and Coach with respect to your use of the Services.

  The section titles or headings in this Agreement are for convenience only and have no legal or contractual effect.

  Coach may revise, amend, or modify this Agreement, the Acceptable Use Policy and any other user policies and agreements, at any time and in any manner. Notice of any revision, amendment, or modification will be posted on Coach's Web site (http://www.customercarecoach.com) and/or by email and/or by mailings to Customer.

Version 1.1 Effective 09/18/03

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JoAnna Brandi & Company, Inc.
C-5, #304 • 7491 N. Federal Hwy.
Boca Raton, FL 33487-1658
(561) 279-0027 
  www.customercarecoach.com

Copyright 2002-2006, JoAnna Brandi & Company, Inc.