No Guarantee of Results: This website may describe results obtained in matters handled for Parisio & Co LLC clients. These descriptions are meant only to provide information about the activities and experience of consultancy, freelance, and contractor work. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by Art & Industry or Parisio & Co; and you should not assume that a similar result can be obtained in a matter of interest to you. The outcome of a particular matter, strategy, or business, marketing, or branding effort can depend on a variety of factors—including the specific circumstances, the market conditions, competitive factors, and, often, unexpected developments beyond the control of any client or consultant.
Disclaimer of Guarantee. Nothing in our statements to you should be construed as a promise or guarantee about the outcome of your matter. We make no such promises or guarantees. Our comments about the outcome of your matter are expressions of opinion only.
We work with those whose word is more powerful than any contract or document; and all compensation is non-refundable.
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, fill out a form, subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number, credit card information, Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
TamaraParisio.com collects and uses Users personal information for the following purposes:
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over an SSL secured communication channel and is encrypted and protected with digital signatures.
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website\’s own terms and policies.
Compliance with children\’s online privacy protection act
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Please refer to your contract for complete terms and conditions. By signing your contract or by engaging freelance consulting services, you are agreeing to the terms and conditions in your contract and on this website as the “Client.” Whereas, Client is desirous of engaging Company for consulting or freelance services, and in consideration for the multiple covenants contained herein, the Parties agree to the following:
1) PAYMENT TERMS. Parties agree that the services to be rendered are in the nature of business consulting, education, and freelance assistance. Client has independently evaluated its ability to pay the Fee and verifies Client’s ability to pay. Client represents such Fee will not be unduly burdensome. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee, regardless of whether Client completes all services offered by Company. Company shall not be obligated to invoice Client for payments. Company will provide Client with payment receipts that will be sent via email to the email address of record. Client’s acceptance of this agreement comprises Client’s authorization of all charges set forth in this Agreement on the dates set forth herein. Even in the event that Client terminates services prior to the completion of the services, Client shall remain responsible for the entire Fee set forth herein, which will become due immediately upon Client’s termination of Company’s services. Client acknowledges that, in the event of non-payment of fees when due, Client shall be responsible for all costs of collection, including reasonable attorney’s fees and costs.
2) CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with Credit Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth herein. Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent and without making alternative arrangements with Company for provision of payment as described in Paragraph 2, herein.
Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees, including any associated attorney’s fees, incurred as a result of chargebacks. Client acknowledges that failure to comply with this paragraph will constitute a material breach of this agreement and Company may, in its sole discretion, terminate services provided hereunder. In such event, Client will not receive a refund for any amounts paid to date and all outstanding amounts will immediately become due and payable by Client.
3) LATE FEES. Company shall charge a 10% (ten-percent) late fee per month for all balances that are not paid in a timely manner by Client.
4) NON-TRANSFERABILITY OF SERVICES AND INTELLECTUAL PROPERTY. Client acknowledges that all services and materials provided pursuant to this agreement are for the benefit of Client only and are not transferable, either expressly or impliedly, without the written consent of Company. Client acknowledges all such documentation and materials are protected by copyright and may not be reproduced, shared, duplicated, copied, sold, traded, disseminated, resold or exploited, electronically or otherwise, for any commercial or non-commercial purpose except with the express, written consent of Company. All such materials shall remain the sole property of Company, whether or not registered at the time of disclosure. Client shall not use Company’s copyrighted materials to create any derivative products/materials. Client agrees that it will not use Company’s trademarks in any manner, whether business or personal. Client agrees that it will not allow use of, or access to, the ScriptYourShift℠ Program by any individual or company, other than Client itself, without the express, written consent of Company.
5) CLIENT COMMITMENTS. Client agrees that it is Client who must commit to implementing Company’s strategies proposed in connection with the Program. Client acknowledges that Company cannot control Client and/or Client’s degree of participation nor results or the outcome. If Client is unwilling/unable to participate in implementation, the contract is terminable at Company’s option without recourse or refund of any kind.
Client agrees that, to the extent that Client interacts with Company or its agents and/or other Company clients, Client will at all times behave professionally, courteously and respectfully. Client will not attempt to contact Company’s agents or clients that Client becomes exposed to by virtue of this agreement for any purpose, including but not limited to mass-distribution of marketing or other materials or for solicitation of Company’s clients. Client agrees to abide by any Rules/Regulations presented by Company. Client agrees that its failure to abide by Rules/Regulations or to interact with Company’s clients in the manner described herein shall be grounds for immediate termination of this agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts due under this agreement. Client agrees that it is responsible for all costs of collection, including reasonable attorneys fees, incurred as a result of Client’s failure to pay amounts when due.
6) TERMINATION. In the event of failure by Client to pay any amounts when they become due or any other default of this agreement by Client, all payments due hereunder shall become immediately due and payable. Company may, in its discretion, immediately terminate providing further services to Client and begin collection measures, as Company sees fit. In the event that Client is in arrears of payments due to Company, Client shall be barred from using any of Company’s services/programs/materials/resources and Client’s participation in all aspects of the ScriptYourShift Program will be suspended until payments are brought current by Client. Client agrees that it is responsible for all costs of collection, including reasonable attorney’s fees, incurred as a result of Client’s failure to pay as described herein.
7) CONFIDENTIALITY. Confidential Information includes but is not limited to, information and materials disclosed or provided in connection with this agreement. Confidential information shall not include information that (a) is now or subsequently becomes generally available to the public; (b) the Company or Client had rightfully in its possession prior to disclosure by the disclosing party; and/or (c) the Company or Client rightfully obtains from a third party. Parties agree not to disclose, reveal or make use of any Confidential Information learned of through provision of services pursuant to this agreement, during discussions, coaching session(s), or otherwise without the express written consent of the disclosing party. Both Client and Company shall keep the Confidential Information of the other in strictest confidence and shall use its best efforts to safeguard the disclosing party’s Confidential Information and to protect it against disclosure, misuse, loss and theft.
To the extent that Client participates in group-coaching programs or interacts with other clients, Client agrees information received by Client about other Company clients’ business or personal matters shall be considered Confidential Information and not be disclosed without the prior written consent of the disclosing party.
8) NON-DISPARAGEMENT. The Parties agree that in no event will either party engage in any conduct or communications, public or private, designed to disparage the other.
9) INDEMNIFICATION. Client shall indemnify, defend and hold harmless Company, Company’s officers, employers, employees, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering sale, the sale, and/or use of the service(s) and/or product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
10) CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this agreement and any marketing materials used by Company or representations by Company’s employees or agents, the provisions contained in this agreement shall be controlling.
11) CHOICE OF LAW/VENUE; ARBITRATION. This agreement shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to any principles or conflicts of law. With the except of matters falling within the jurisdiction of the small claim’s court; the parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of Arizona, Maricopa County, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest.
12) ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
13) SURVIVABILITY. The proprietary rights, non-disparagement, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this agreement shall survive the termination of this agreement, irrespective of the cause of such termination.
14) SEVERABILITY. In the event that any of the provisions contained in this agreement, or any part thereof, are hereafter construed by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
15) OTHER TERMS. Upon execution, of the agreement through signature of your contract or by use of our products, programs, and/or services, the Parties agree that any other employees, associates or assigns of the Parties are likewise bound by the terms of this agreement. Client and Company both warrant that the individual signing this agreement on behalf of each has full and complete authority to execute this agreement on behalf of Client and/or Company.
A facsimile, electronic, or e-mailed copy of this Agreement, with a written or electronic signature shall constitute a legal and binding instrument. Alternatively, your non-refundable deposit and any payment(s) indicates full acceptance, and also will signify acceptance of the terms.