TERMS OF USE

Who We Are

This Privacy Policy governs your access to and use of websites, programs, products, services, functionality, content, videos, videos, webinars, workshops, blog posts, e-newsletters, consultations, e-mails, social media and/or other communication collectively referred to as our “Services”) offered by NEIL WATTIER ENTERPRISES, LLC, an Arizona limited liability company (“Company”, "I", “we”, or “us”). The term “you” refers to the user or viewer and user of products and services, whether as a guest or a registered user.

We respect your privacy and are committed to protecting it through this Privacy Policy. When accessing Services, we will learn certain information about you, both automatically and through voluntary actions you may take during your visit. This Privacy Policy describes how we collect, use, process and distribute your information, including your personal data. This Privacy Policy applies to information we collect on websites, membership areas, social media, and in email, text, or other electronic messages between you and the Company.

Please read this Privacy Policy carefully before using our Services. By using our Services, or by accepting or agreeing to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by this Privacy Policy, whether or not you have read it. If you do not want to agree to the Privacy Policy, you must not access or use our Services.

We reserve the right to change this Privacy Policy on the Website at any time without notice. In the event of a material change, we will notify you via email and/or a prominent notice on the Website.

Children’s Online Privacy Protection Act Compliance

We are committed to protecting the privacy of children under 18 years of age. We do not knowingly collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). The Website and its Content are directed to individuals who are at least 18 years old or older. The Website is not intended for children under 18 years of age.

If you are under 18 years of age, do not use or provide any information on the Website about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 18 years of age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18 years of age, please contact us at neil@neilwattier.com.

Information We May Collect About You

We collect personally identifiable information, including but not limited to your name, address, telephone number and email address (“personal data”), so that we can provide you with a meaningful experience when utilizing our Services. We only collect the minimum amount of information necessary for us to fulfill our obligation to you. We use information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information.

We may collect:
1. A name and an email address so we can deliver our electronic newsletter to you - you would be affirmatively consenting to this by voluntarily providing this information to us.
2. Billing information including name, address and credit card information so that we can process payment to deliver our products or services to you under our contractual obligation.
3. A name and an email address if you make an inquiry about our products or services. We may send you marketing emails with either your consent or if we believe we have a legitimate interest to contact you based on your contact or question.
4. Information from you from an affiliate or co-branded offer. In this case, we will make clear who is collecting and retaining your information and whose privacy policy applies.

Please note that you may give us the above personal data voluntarily, by filling out online forms, communicating with us via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service. By providing this information to us you are giving consent for us to use, collect and process this personal data. You are welcome to opt-out or request for us to delete your personal data at any point by contacting us at neil@neilwattier.com.

If you choose not to provide us with certain personal data, you may not be able to participate in certain aspects of our Services.

Other Information We May Collect

As you navigate through our Services, we may use automatic data collection technologies, including Google Analytics, to maintain the Website’s high quality. This will generally include information about your equipment, your location, your browsing actions and traffic pattern through the Website, and any communications between your computer and the Website. We may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences.

The information we collect automatically is used for statistical data and will not include personally identifiable information. We use this data to improve the Website and our service offerings. This automatic data collection does not follow a user’s activities on any other websites. Anonymous traffic data may also be shared with business affiliates and advertisers on an aggregate basis.

Use of “Cookies” and Pixels

We may use the standard “cookies” feature of major web browsers. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on the Website other than cookies. Information gathered through cookies may include the date and time of visits, the pages viewed, time spent at the Website, and the websites visited just before and just after our own, as well as your IP address. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features may not work as intended.

We reserve the right to use current and future technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites to tailor advertising messages users see while visiting that social media website. We reserve the right to use these pixels in compliance with the policies of the various social media sites.

Email Privacy & Anti-Spam

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We will maintain the information you send via e-mail in accordance with applicable federal law.

We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act by never sending out misleading information. In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender.

We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties.

You may opt-out of our email communications at any time through the “unsubscribe” link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us at neil@neilwattier.com.

Email Subscriber Policy

If you choose to volunteer your information to us for email and marketing purposes, including your name and email, we may retain your information to record and support your participation in the activities you select. If you register to download a book or resources, sign up for our newsletter, and/or purchase a product or service from us, we collect your information. As a user of our services and visitor to this Website and social media equivalents, you can engage in most activities without providing any personal information. It is only when you seek to download resources and/or register for services that you are required to provide information.

If you are outside the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products or services sold by us, we may automatically subscribe you to our email list and enroll you to receive our free email newsletter. If you do not wish to receive email communications or our newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to neil@neilwattier.com requesting to unsubscribe from future emails.

If you are in the European Union and opt to receive any free resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by us, we will only add you to our email list and enroll you to receive our free email newsletter if you affirmatively consent to it. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to neil@neilwattier.com requesting to unsubscribe from future emails.

What We Do with Information We Collect

1. Contact You.
We may contact you with information that you provide to us based on these lawful grounds for processing:
a) Consent. We may contact you if you give us your clear, unambiguous, affirmative consent to contact you.
b) Contract. We will contact you under our contractual obligation to deliver goods or services you purchase from us.
c) Legitimate Interest. We may contact you if we feel you have a legitimate interest in hearing from us. For example, if you sign up for a webinar, we may send you marketing emails based on the content of that webinar. You will always have the option to opt out of any of our emails.

2. Process Payments.
We will use the Personal data you give to us in order to process your payment for the purchase of goods or services under a contract. We only use third party payment processors that take the utmost care in securing data and comply with the GDPR.

3. Targeted Social Media Advertisements.
We may use the data you provide to us to run social media advertisements and/or create look-alike audiences for advertisements.

4. Share with Third Parties.
We may share your information with trusted third parties such as our newsletter provider in order to contact you via email, or our merchant accounts to process payments, and Google/social media accounts in order to run advertisements and our affiliates.

Viewing by Others

Note that whenever you voluntarily make your personal data available for viewing by others online, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the information that you voluntarily share (i.e., sharing a comment on a blog post, posting in a Facebook group that we manage, sharing details on a group coaching call, etc.).

Submission, Storage, Sharing and Transferring of Personal Data

Personal data that you provide to us is stored internally or through a data management system. Your Personal data will only be accessed by those who help to obtain, manage, or store that information, or who have a legitimate need to know such Personal data (i.e., our hosting provider, newsletter provider, payment processors or team members).

It is important to note that we may transfer data internationally. For users in the European Union, please be aware that we transfer personal data outside of the European Union. By using the Website and providing us with your personal data, you consent to these transfers in accordance with this Privacy Policy.

Data Retention

We retain your Personal data for the minimum amount of time necessary to provide you with the information and/or services that you requested from us. We may include certain Personal data for longer periods of time if necessary for legal, contractual and accounting obligations.

Confidentiality

We aim to keep the Personal data that you share with us confidential. Please note that we may disclose such information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us.

Passwords

To use certain features of the Website or its Content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personal data at your own risk.

You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.

We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

How You Can Access, Update or Delete Your Personal Data

You have the right to:
1. Request information about how your Personal data is being used and request a copy of what Personal data we use.
2. Restrict processing if you think the Personal data is not accurate, unlawful, or no longer needed.
3. Rectify or erase Personal data and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”).
4. Withdraw your consent at any time to the processing of your Personal data.
5. Lodge a complaint with a supervisory authority if you feel we are using your Personal data unlawfully.
6. Receive Personal data portability and transference to another controller without our hindrance.
7. Object to our use of your Personal data.
8. Not be subject to an automated decision based solely on automatic processing, including profiling, which legally or significantly affects you.

Security

We take commercially reasonable steps to protect the Personal data you provide to us from misuse, disclosure or unauthorized access. We only share your Personal data with trusted third parties who use the same level of care in processing your Personal data as we do. That being said, we cannot guarantee that your Personal data will always be secure due to technology or security breaches. Should there be a data breach of which we are aware, we will inform you immediately.

Third Party Websites

We may link to other websites and content within our Services. We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to the Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal data.

Notification of Changes

We may use your Personal data, such as your contact information, to inform you of changes to our Services or its content, or, if requested, to send you additional information about us. We reserve the right, at our sole discretion, to change, modify or otherwise alter our Services, its content and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting our updated Privacy Policy. Please review this Privacy Policy periodically. Continued use of any of information obtained through or on the Website or its content following the posting of changes and/or modifications constituted acceptance of the revised Privacy Policy. Should there be a material change to our Privacy Policy, we will contact you via email or by a prominent note on the Website.

Data Controller and Processors

We are the data controllers as we are collecting and using your Personal data. We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR-compliant.

If you have any questions about this Privacy Policy, please contact us at neil@neilwattier.com.

Disclaimer

The Website is owned by NEIL WATTIER ENTERPRISES, LLC, an Arizona limited liability company (“Company”, “I” “we”, or “us”). The term “you” refers to the user or viewer and user of products and services, whether as a guest or a registered user.

By viewing or using our Services, including but not limited to websites, programs, products, services, functionality, content, videos, videos, webinars, workshops, blog posts, e-newsletters, consultations, e-mails, social media and/or other communication (collectively referred to as our “Services”), you are agreeing that you have read, understand, and fully consent to all parts of this Disclaimer. Thus, if you do not agree to the Disclaimer, STOP now, and do not access or use our Services. We reserve the right to change this Disclaimer on this Website at any time without notice.

For Educational and Informational Purposes Only

The information provided in or through our Services is for educational and informational purposes only.

Not Medical, Mental Health, or Religious Advice

I am not, nor am I holding myself out to be a doctor/physician, nurse, physician’s assistant, advance practice nurse, or any other medical professional (“Medical Provider”), psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), registered dietician or licensed nutritionist, or member of the clergy. Although I am a coach and strategist, in the role of a Resilience Trainer and Performance Consultant, I am not holding myself out to be a Mental Health Provider, providing health care, mental health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or “cure” any physical, mental or emotional issue, disease or condition. The information provided in or through our Services pertaining to your health or wellness, or any other aspect of your life, is not intended to be a substitute for the professional medical advice, diagnosis, or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that I am not providing medical advice or mental health advice. Do not disregard medical advice or delay seeking medical advice because of information you have received from our Services. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. The information contained in our Services has not been evaluated by the Food and Drug Administration.

Not Legal, Financial, or Tax Advice

I am not an attorney, accountant or financial advisor, nor am I holding myself out to be. The information contained in our Services is not intended to be a substitute for legal, financial, or tax advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, I cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage you may incur. Always seek legal, financial, and/or tax advice relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information in our Services is not legal, financial, or tax advice.

Personal Responsibility

You aim to accurately represent the information provided to us on or through our Services. You acknowledge that you are participating voluntarily in using our Services and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through our Services, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from our Services to your life, family or business.

No Guarantees

Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot predict and I do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through our Services.

Testimonials

I present real world experiences, testimonials, and insights about other people’s experiences with our Services for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to my character and/or the quality of my work. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.

Assumption of Risk

As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of our Services that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through our Services is to be taken at your own risk, with no liability on our part, recognizing that there is a rare chance that illness, injury or even death could result, and you agree to assume all risks.

Limitation of Liability

By using our Services, you agree to release us, our agents, consultants, affiliates, joint venture partners, employees, associates, representatives, independent contractors and related entities, from any and all risks, liability, or loss, foreseeable or unforeseeable, that you or any other any other individual, company or entity may incur from use of the information, service, or materials that you request or receive through our Services. You agree that we will not be liable to you, or to any other individual, company, or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for use of or reliance on our Services. You agree that I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by me or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, associate, representative, independent contractor, or anyone otherwise affiliated with our business or me, who is engaged in delivering content through our Services.

Indemnification and Release of Claims

You agree to fully and completely hold harmless, indemnify and release us and our agents, employees, assistants, attorneys and other representatives, as well as any predecessors, successors and affiliates, from any and all causes of action, allegations, suits, claims, damages, demands, or losses whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to our Services.

No Warranties

I MAKE NO WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF OUR SERVICES. I MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED THROUGH OUR SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLES, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Technology Disclaimer

We try to ensure that the availability and delivery of our Services is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.

Errors and Omissions

Although every effort is made to ensure the accuracy of information shared on or through our Services, the information may inadvertently contain inaccuracies or typographical errors. You agree that I am not responsible for the views, opinions, or accuracy of facts referenced on or through our Services, or of those of any other individual or company affiliated with my business or me in any way. Because scientific, technology and business practices are constantly evolving, you agree that I am not responsible for the accuracy of our Services, or for any errors or omissions that may occur.

No Endorsement

References or links in our Services to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute my formal endorsement. I am merely sharing information for your own self-help only. I am not responsible for their website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in our Services. Conversely, should this Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website either.

Affiliates

From time to time, I may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with mine. In the spirit of transparency, I want you to be aware that there may be instances when I promote, market, share or sell programs, products or services for other partners and in exchange I may receive financial compensation or other rewards. Please note that I am highly selective and I only promote the partners whose programs, products and/or services I respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that I am not liable in any way for any program, product or service that I may promote, market, share or sell on or through our Services.

Contact Me

By using this Website you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact us atneil@neilwattier.com.

MEDIA RELEASE AND LIABILITY WAIVER

By participating in any and all events (the "Event") coordinated, facilitated, or hosted by NEIL WATTIER ENTERPRISES, LLC (the "Company"), I , hereby authorize the Company permission to use media, including photographs, video and/or audio recordings that may contain me, my name, my voice, my image and/or likeness (the “Media”) for print and/or digital publicity, educational and/or advertising purposes. My participation designated my agreement and consent to the following:

1. I grant the Company permission to use my image, including in photographs, video and/or audio, from the Event in their advertisements, marketing materials and/or publications, without any restriction as to edits (including cropping and retouching), changes, modifications, and/or alterations.

2. I waive any right to inspect and/or approve the Media, in whole or in part. I further waive any right, title to, or interest in any derivative work, which results from any repurposing of the Media.

3. I understand and agree that the Company is the sole owner of the Media and only the Company may sell, distribute, use, copy, assign rights to, or otherwise transfer the Media, in its sole discretion.

4. I assign to the Company any and all right, title and interest I may have in and to the Media or any derivations in any and all formats or media and all channels, whether now known or hereafter created. I agree to execute any documents necessary to protect the Company’s ownership in the Media.

5. I understand that I will not be compensated for any use of the Media.

6. I acknowledge and agree that I have no right to or interest in any of the Media. In the event I use the Media for any purpose without the Company’s written consent, I understand that the Company is entitled to remedies for my breach of this Agreement.

7. I further understand and agree that I am not permitted to take my own video and/or audio recording during the Event.

8. I release and hold harmless and forever discharge the Company from any claims, demands and causes of action for liability or damages of any kind arising out of the use, publication, or processing of the Media or any derivations which I, my heirs, representatives, administrators, or any other persons acting on my behalf of my estate, have or may have by reason of this authorization, including any reasonable expectations of privacy or confidentiality with respect to the Media.

9. The Company is not responsible for any indirect, incidental, special, consequential or other damages in any form that may arise, in whole or in part, in connection with the Media, the Event, or otherwise. In the event there is a dispute, I agree that any action will be jointly submitted to mediation before a certified mediator and member of the American Arbitration Association with each party bearing their own fees and costs. If mediation is unsuccessful, any action will be submitted to binding arbitration in the State of Nebraska in accordance with the laws of the State of Nebraska without regard to conflict of laws principles pursuant to the rules of the American Arbitration Association. A mutually agreed upon arbitrator will administer the arbitration. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions herein.

10. I am over the age of 19 years and fully competent to sign this Agreement. I have thoroughly read, fully understand and agree to be bound by the terms of this Agreement.

My participation in the Event constitutes my agreement to these terms. I warrant that I have fully read and understand this Agreement, I enter into this Agreement freely and voluntarily, and I have complete authority to enter into this Agreement.

Last Updated: May 26, 2021

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NEIL WATTIER

Mental Performance Coach
Resilience Trainer

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