Effective from July 1, 2023

Thank you for visiting. These terms of use (“Terms”) apply to the website of Yancey Consulting, LLC (“YC,” we,” “us,” or “our”), located at www.yanceyconsulting.com, and any other website under our name and/or control, including thedashx.com and www.theycway.com (individually and collectively, the “Site”), regardless of how the Site is accessed and/or used. These Terms include our Privacy Statement and govern your use of the Site. These Terms apply to any content and functionality on the Site (“Content”), products, offerings, and services provided on or through the Site (“Services”), and any live events, online communities, and social media channels that YC hosts or operates. Additional terms, rules, or policies may be provided and apply to specific Services and shall be made a part of the Terms and incorporated herein. To the extent any such terms, rules or policies conflict with the Terms, the Terms shall control.

By accessing and using our Site, you accept these Terms. YC may revise these Terms at any time, and your continued use of the Site following any such changes will mean you accept the Terms as revised. Please do not continue to access the Site if you disagree with the Terms. 

Use of the Site and Content 

You agree that when using the Site, you will not violate or facilitate the violation of any applicable law, rule or regulation, or the intellectual property rights or other rights of any person or entity. You will not interfere with the functioning of the Site or restrict or inhibit others from using the Site.

Subject to these Terms, YC grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and access, download, and use the Content for lawful personal, non-commercial purposes, subject to any third-party rights in such Content. Except as otherwise provided in these Terms, or provided by YC’s prior written consent, you may not (a) access, download, copy, use, or sell the Content for commercial purposes, (b) download, copy, or use the Content for the benefit of a third party, or (c) otherwise reproduce, modify, frame, reverse engineer, distribute, transmit, or post the Content. Content that you print, download, reproduce, or otherwise use must retain all copyright and other applicable proprietary notices. Except as permitted by law, you are responsible for obtaining permission to use any Content that is not owned by YC.

Intellectual Property 

All Content is the property of YC, or its owners, licensors, or providers. To the extent applicable, all Content is subject to copyright, trademark, and other applicable laws. YC retains all rights it may hold with respect to the Content.  

You may not, nor cause others to, copy, reproduce, republish, upload, post, frame, transmit, display, modify, alter, prepare derivative works based thereupon, or distribute the Site or Content except for as provided for under these Terms. 

All trade names, logos, designs, trademarks and service marks that appear on the Site (collectively, the Trademarks”) are the property of YC or the Trademarks’ respective owners or licensors. You agree that you will not use, copy, reproduce, republish, upload, post, transmit, distribute, modify, or alter the Trademarks in any way without the Trademarks’ respective owner or licensor written permission. 

Third-party websites and providers

Our Site may contain links to, or may be linked from, other websites that are owned, operated, maintained, or controlled by third parties (“third-party sites”). These Terms do not cover any third-party sites. YC is not responsible for, nor do we make any representations or warranties regarding, third-party sites, including the content, products, or services offered on those sites. The existence of a link to or from a third-party site on our Site should not be interpreted as YC’s guarantee or endorsement thereof. We encourage you to review the terms of use and privacy policy of any website that you visit.

Submission of Information

You agree that any information you post to or otherwise submit to us by way of the Site, whether on your own behalf or on behalf of a third party, will be in accordance with our policies and any applicable laws and regulations. In any such instance where you submit information on behalf of a third party, the third party shall be bound by these Terms.

Disclaimer

Our Site, Services, and Content are offered and provided “as-is” and “as available.” YC makes no representations or warranties of any kind, either express or implied, regarding the Site, Content or Services. Thus, we specifically disclaim any and all representations or warranties of any kind, including those concerning the completeness, accuracy, timeliness, reliability, performance, or suitability of the Site, Content, or Services for any particular purpose. While we make good faith efforts to provide substantially accurate information on our Site, errors or omissions may occur, and we reserve the right to make any corrections. We assume no liability for errors or omissions, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Site, Content, or Services at any time. Your use of or reliance on our Site, Services or Content is solely at your own risk. 

Limitation of liability

In no event shall YC or any of our directors, officers, employees, agents, representatives, successors or assigns be liable to you or anyone else for any claims, liabilities, losses, costs or damages under any theory, including any direct, indirect, punitive, special, incidental, consequential or other damages arising out of or in connection with any access to, performance, use, inability to use, or distribution of the Site, Services, or Content; any information or services provided by third parties; or breach of these Terms. 

Indemnity 

You agree to indemnify, defend, and hold YC and our directors, officers, employees, contractors, agents, and representatives (“Releasees”) harmless from and against all claims, suits, liabilities, demands, losses, damages, and costs (including reasonable attorneys’ fees) arising out of or related to your access to and use of the Site, Content, or Services, or your violation of these Terms. We may, in our sole discretion, participate in the defense of any claim or action at your expense and any negotiations for settlement. We also reserve the right to assume the exclusive defense and control of any matter subject to your indemnification of us or any Releasee, without relieving you of your indemnification obligations. You agree to provide us with all cooperation we reasonably request.

Assumption of Risk COVID-19 

Covid-19 is still with us and YC cannot guarantee that when we provide any Services to you in person that you will not be exposed to and infected by Covid-19. As a condition of participation in live, in-person events hosted or operated by YC, you hereby expressly waive any rights against and agree to release, defend, indemnify, and hold harmless YC and its Releases against any and all claims, suits, liabilities, demands, losses, damages, expenses, and costs (including reasonable attorney’s fees) that may arise as a result of your participation in any live, in-person Services, including any such liability related to or arising from infection of Covid-19.

Termination

We reserve the right to terminate these Terms, our Site, and the Services or Content offered through our Site at any time, without notice, and for any reason. The “Disclaimer,” “Limitation of Liability”, “Indemnification,” “Assumption of risk of Covid-19,” “Governing Law and Venue,” provisions, and any other provision that by its nature extends beyond the expiration or earlier termination of the Terms, will survive any termination. 

Governing Law and Venue 

These Terms, including any amendments or revisions thereto, shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of law. Any dispute regarding these Terms or your use of the Site shall be resolved solely in the state or federal courts located in New York County and the State of New York.

If you choose to access our Site from outside of the United States, you do so at your own risk, and are responsible for complying with any applicable laws and regulations. 

Severance and Waiver 

You may not assign or transfer these Terms without our prior written consent.  If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, the remaining provisions shall remain enforceable and in full effect. No failure or delay in exercising any right or enforcing any provision under these Terms shall constitute a waiver of that right or provision unless agreed to in writing.  

Changes to Terms 

We may, in our sole discretion, change our Terms and will indicate the date of the last update at the top of the website page for the Terms. The most current version of the Terms will supersede all previous versions. Your use of the Site following any revision will constitute your acceptance of the Terms as revised.

Miscellaneous

These Terms comprise the complete agreement between you and YC regarding your use of the Site, Content and Services, and supersede all prior understandings, agreements, or communications (whether written or oral) between you and YC.

All rights not expressly granted by YC under these Terms are specifically and completely reserved. Nothing  on the Site or in these Terms grants any right or license to use any content or property of any third party.

The word “including” in these Terms is intended to be illustrative and means “including without limitation.”

Paragraph headings used in these Terms are for reference only and shall not affect the interpretation or effect of these Terms. 

Questions

Any questions or comments about our Terms? Please contact us at info@yanceyconsulting.com, or by mail at: 

Yancey Consulting, LLC

60 Broad St. West, 2K

Mt. Vernon, NY 10552