Terms and Conditions
How to Story, LLC (“How to Story,” “We,” “Us,” “Our”, “David Sewell McCann”, “Storying with David”) provides various business coaching services, products, and goods through this Website (the “Service”). This Service is offered subject to Your acceptance of these Terms as well as any relevant sections of the How to Story, LLC Privacy Policy. 
Please read these notice, terms and conditions (“Terms”) carefully before using Our Service.

BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU:

   • HAVE READ THESE TERMS,
   • UNDERSTAND THESE TERMS, AND
   • ACCEPT AND AGREE TO BE BOUND BY THEM.

You must be at least 18 years old to access this Website or to purchase products and/or Services from Us.
You agree that you are accessing the Services on Our Websites for business purposes. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and confirming now to How to Story that you have the authority to bind said organization to Our Terms of Service (in which event, “You” and “Your” will refer to that organization).
If you do not agree with these Terms, or are under 18 years old, please do not use the Services or Our Website. If at any time you are not willing to be bound by these Terms, You should:
   • click the “I do not accept” or similar button,
   • terminate any download and/or installation process,
   • immediately cease and refrain from accessing or using the  
      program, and
   • delete any copies you may have.


ACCOUNTS
As part of the registration or account creation process, you will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.
The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio and/or visual presentations, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the “Content”) on this Website, or any part of such Content, or share your rights under these Terms to and with others.
You agree that You will not provide false information to Us in generating Your account. Specifically, you agree that you will not

   • select or use the login credentials of another person or company 
      with the intent to impersonate that person or company; or
   • use login credentials in which another person or company has 
      rights without such person’s or company’s authorization.
Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of your account.

Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not make available or provide any Content, or any license key to any third party, or use the Content, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to you by these Terms.
You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party.
You are responsible for all usage or activity on your account on this Website and related Social Media, including use of the account by any third party authorized by you to use your login credentials.


NO REFUNDS
Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, How to Story abides by a strict, no refund policy. By accepting these Terms, you agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Services offered via this Website.

NO WARRANTIES
By accepting these Terms, You agree and understand that We provides seminars and business coaching services only and guarantee no specific results. You acknowledge that We make no promise or representation that You will make a certain amount of money, or any money, or that you will not lose money, as a result of using these Services.
Any earnings, revenue, or income statements viewable on this Website or our related Social Media are based on actual individual results of our clients and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience. Each person’s results will vary.
There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and services should be based on your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.
In accepting these Terms, you acknowledge that You take full responsibility for your own success. In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages.
As such THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

CONSENT TO USE INFORMATION
By accepting these Terms, you agree that We may collect, use and disclose your identifying information obtained as a result of Your membership, for the following purposes:

   • the processing of this membership application; and
   • the administration of the membership with our organization.

Please visit the Privacy Policy for further details on our data protection policy, including how You may access and correct your personal information or withdraw consent to the collection, use or disclosure of your personal information. 
Additionally, when You communicate with Us, send Us information, or provide Content to Us, you grant Us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.


INTELLECTUAL PROPERTY STATEMENT
The contents of the Services, including the Website, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by How to Story, LLC, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
By accepting these Terms, you further acknowledge and agree that We and Our third party licensors own and shall continue to own all right, title, and interest in and to the Content and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the Content and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us. These Terms do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.


TERMINATION
We may elect to terminate the Services on this Website at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms. You may terminate any account You establish via this website at any time upon written notice to Us.


MISCELLANEOUS
These Terms may not be modified or amended orally, impliedly, or in any manner not set forth in a duly executed writing or otherwise permitted by these Terms.
We reserve the right to modify, terminate, or otherwise amend Services available via this Website and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.
Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
These Terms in all respects shall be governed by and construed according to the laws of the State of Texas. The venue for any dispute shall be in the County of Tarrant.
This Agreement is entered into in Travis County, Texas. You agree and consent to the exclusive jurisdiction and venue of the state of Texas and county of Tarrant for any dispute arising from or related to this Agreement.
Should any part of these Terms be declared void or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms. Correspondence should be sent to info@criscawley.com
PRIVACY POLICY
How to Story, LLC, (“How to Story,” “we,” “us,” “our”, “David Sewell McCann”, “Storyingwithdavid”) is committed to protecting both the personal as well as business information you share and/or store with us. This Privacy Policy applies to transactions and activities and data gathered through the Storyingwithdavid and How to Story Websites and interaction you may have with its related Social Media accounts. Please review this Privacy Policy periodically as we may revise it without notice. 
Generally, we may collect and use personal information for many purposes, including, but not limited to: billing, product and service fulfillment, understanding customer needs, providing a better website, improving products and services, and communicating with customers and potential customers regarding our products and services with third-party products and services.

Personally Identifiable Information that You Provide to Us
We do not collect personally identifiable information e.g., name, e-mail address, contact or similar information unless you choose to provide it to us. If you voluntarily provide us with personal information, for example by sending an e-mail or by filling out a form and submitting it through our Website, we may use that information only to respond to your message and to help us provide you with the information or services that you request. To the extent that we process your personal information based on your consent, you may withdraw your consent at any time as stated below.


Account Registration Information
In some instances, use of the How to Story and Storyingwithdavid Websites and Services may require that you disclose certain personal information for identification, including a unique email address and demographic information (including, for example, ZIP code, age, sex, job industry, job title, and income) to register.


Billing and Credit Card Information
Our Services comprise, generally business coaching Webinars, Seminars and materials distributed on a subscription basis. To enable payment, we collect and store name, address, telephone number, email address, credit card information, and other billing information. This information will only be shared with third parties who facilitate completion of the purchase transaction, such as by fulfilling orders and processing credit card payments.

We will not disclose your billing and/or credit card information unless required by law or a court order, or unless disclosure is required to address an issue implicated by the financial transaction. For instance, if you claim that your billing and/or credit card information was used to make a purchase you did not authorize, details about the transaction may be disclosed to law enforcement and any party we deem necessary to address the matter.


How this Information is Used
The information we collect is used for a variety of purposes, such as:

   • to enable your use of our services and fulfill your requests for 
      certain features, such as enabling you to participate in and renew 
      paid services, polls, and message boards;
   • by performing statistical, demographic and marketing analyses of 
      users of our services to improve our relationship with our 
      customers
   • for product development purposes and to generally inform 
      advertisers about the nature of our subscriber base to improve 
      our relationship with our customers;
   • to customize your experience by allowing advertising to be 
      targeted to the users for whom such advertising is most 
      pertinent 


Direct Communication
An important aspect of our services includes direct communication with our customers. As a result, we will periodically send you communications to your email, text, or voice mailbox, via telephone, fax, cell phone, email, paper mail, or any other delivery method regarding the products or services you may have purchased through this Website. We may also send you information about product or service updates, new features, or information we believe you may find interesting. We may send you information regarding other products and services we offer.

How to access, correct, delete or exercise other rights regarding your Personal Information: If you would like to request to access, correct, object to the use, restrict or delete personal information that you have previously provided to us, or if you would like to request to receive an electronic copy of your personal information for purposes of transmitting it to another company, you may contact us at info@criscawley.com with the subject line “Data Subject Request.” We will attempt to comply with your request. However, the nature of our business, along with the applicable law governing our business, requires us to retain your information for several years. Please also note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the personal information provided until after the completion of such purchase or promotion). There may also be residual information that will remain within our databases and other records, which will not be removed.

As a result, we cannot guarantee the deletion of all your information. But, when we receive a deletion request, we will remove your applicable information from our marketing and billing systems accordingly. This will ensure that there are no further mailings or billings directed towards you.

As we continue to refine our systems, we will establish a method for the complete removal of all user information from the system without compromising our legal and ethical duties. This document will evolve as these new methods are defined and tested for permanent account deletion.

For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Your choices regarding our use and disclosure of information
We may use the information you provide for marketing purposes such as promotional emailing, direct mail, and sales contacts. We give you many choices regarding our use and disclosure of your personal information for marketing purposes. You may opt-out from receiving electronic communications from us if you are a user of products or services and no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by sending a request for list removal to info@criscawley.com. If you have provided your information to us, and opt-out, we will put in place processes to honor your request. This may entail keeping some information for the purpose of remembering that you have opted-out.

We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the products or services, and you cannot opt-out from receiving those messages.


Data Retention
We will retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

   • The length of time we have an ongoing relationship with you and 
      provide the Services to you (for example, for as long as you have 
      an account with us or keep using the Services);
   • Whether there is a legal obligation to which we are subject (for 
      example, certain laws require us to keep records of your 
      transactions for a certain period of time before we can delete 
      them); or
   • Whether retention is advisable in light of our legal position (such 
      as in regard to applicable statutes of limitations, litigation or 
      regulatory investigations).

Security of Your Information
The security of personal information is a high priority for us. We seek to use reasonable technical, administrative and physical safeguards to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. You transmit and receive all such information at your own risk.
WE PROVIDE ANY AND ALL SERVICES AND INFORMATION ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
If you have any questions about the security of your interaction with us please contact us at info@criscawley.com

Social Media Features
Our products and services may use social media features provided by third parties, such as the Facebook Like button. These features may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites. Your interactions with these features are governed by the privacy policy of the company providing it.

Third Party Payment Processor
We currently use third-party payment processors. When making payment, your personal information may be collected by such processors directly and not by us and will be subject to the third-party’s privacy policy. We have no control over and are not responsible for, third parties’ collection, use, and disclosure of your personal information.

Links To Other Websites
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third-party site or service used in connection with our products and services. The inclusion of a link does not imply endorsement of the linked site or service by us.
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Zoho, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any personal information you disclose to other organizations through or in connection with our products and services, including our social media pages.

Third-Party Vendors
In providing our products and services, we use various third-party vendors who may either directly or indirectly collect information from you, including, but not limited to, Facebook, Twitter, Google, and Microsoft. You should review the relevant privacy policies (for further information on how each third party handles your personal information. If you would like a list of all third-party vendors who we currently use, please request the “current third-party vendor list” by emailing us at info@criscawley.com

Cross-Border Transfer; Governing Law; Jurisdiction
The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information. By using our services, including our website, you acknowledge and agree that (1) this Privacy Policy and any other agreement between you and us shall be governed in accordance with the laws of the State of Texas, USA, notwithstanding any conflict-of-law provisions to the contrary; and (2) all disputes and claims relating to this Privacy Policy and any other agreement between you and us shall be litigated in the courts located in the County of Tarrant County, TX, and you expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such court in any action or proceeding.

Non-Personal Information Collected Through Technology and Third-Parties
During your visit as you browse through the website, read pages, or download information, we automatically collect and store the following anonymous information about your visit:

   • the date and time you access our site;
   • the pages You visit on our site;
   • if You navigate to our site by clicking a link, the location of that 
      link;
   • the technical capabilities of the computer you use to access our 
      site;
   • the internet service provider You use to connect to our site (for 
      example “companyX.com” if You have a commercial internet     
      account, or “universityX.edu” if You connect from a university); 
      and
   • the IP address (a number automatically assigned to 
      Your computer whenever You are surfing the internet) from which 
      You access our site. 

We use this information, in the aggregate, to make our website more useful to visitors — to learn about the number of visitors to our site and the types of technology used, to detect operational problems, and to improve the website’s overall security.
Cookies, Beacons, Local Storage, and Other Similar Technologies
We use “cookies,” Web beacons, HTML5 local storage, and other similar technologies. These technologies allow us to manage access to and use of the Services, recognize you and provide personalization, and help us understand how people use our Services. You may not be able to access certain areas of our websites, including www.storyingwithdavid.com and www.davidsewellmccann.com, www.howtostory.education, if your computer does not accept cookies from us.

We do not respond to browser-based “do not track” signals.
We may transmit non-personally identifiable website usage information to third parties in order to show you advertising for How to Story when you visit other sites.

Analytics, Log Files and Reading History
We gather certain information automatically and store it in log files. This information may include IP addresses, browser type, operating system and other useful information about the use of our Services, including a history of the pages you view.

We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, including customized recommendations, advertising, to improve marketing, and to track access and use of our Services across the devices that you may use to access our Services.
We have hired third parties to provide us information, reports, and analysis about the usage, browsing patterns of our users. They may independently record the type of device and operating system you are using, general location information, as well as events that occur on our Website, such as how often you use our Website.
Third-party Persons or Entities with Whom We Share Personally Identifiable Information
Unless stated otherwise in this Privacy Policy, we will not sell, rent, swap or authorize any third party to use your email address. 

Third Parties
We may share information about our audience in aggregate or de-identified form. Nothing in this Privacy Policy is intended to indicate a restriction of our use or sharing of aggregated or de-identified information in any way.

Disclosure by Necessity
We may occasionally access, preserve, and/or disclose personal information as required by law, for example, to comply with a court order or subpoena or we have a good faith belief that such action is necessary to

   • comply with the law or with legal process;
   • protect and defend our rights and property;
   • protect against misuse or unauthorized use of Our Services; or
   • protect the personal safety or property of our users or the public        (among other things, this means that if you provide false          
      information or attempt to pose as someone else, information 
      about you may be disclosed as part of any investigation into your 
      actions). 

As we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be among the transferred assets.  

Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our Website, your personal information may be transferred outside of your country of use and/or residence.

When your account becomes inactive, your information may remain in our computers, electronic databases, and archives, and may not be reasonably capable of expungement.

Miscellaneous

Children’s Guidelines
COPPA Compliance. We do not knowingly collect or store any personal information about children under the age of 13. If you are under 18 years of age you are not authorized to provide us any personal information and should not use or access this Website.

Your Texas Privacy Rights: Notice to Texas Customers and Opt-Out Information-
We do not share your personal information with third parties for the purpose of direct marketing if you have exercised an option to opt-out.

Amendments
This Privacy Policy may be amended by us at any time and without notice, but only by amending this Policy as posted on this Website. Any amendments will become effective 30 days after being posted on the website unless circumstances require that a change is immediately implemented.

Copyright 2020 David Sewell McCann
All Rights Reserved.