Legal

Copyright

All graphic information contained in this Web site are property of Diana Bertoldo. Except as specifically permitted herein, no portion of the information on this Web site may be reproduced in any form or by any means without the prior written permission from Diana Bertoldo. This Web site contains links to other Web sites, which are not under the control of Diana Bertoldo. Diana Bertoldo makes no representations whatsoever about any other Web site to which you may have access through the Diana Bertoldo site. When you access a non- Diana Bertoldo website, you do so at your own risk and Diana Bertoldo is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Diana Bertoldo provides these links merely as a convenience and the inclusion of such links does not imply that Diana Bertoldo endorses or accepts any responsibility for the content or uses of such Web sites.

Terms of Use & Disclaimer

Every effort has been made to accurately represent our live events, training, consulting, and coaching programs and its potential. We don’t believe in get rich programs – only in hard work, adding value and serving others.

Our programs are intended to help you transform your life and achieve your personal and professional goals. As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our curriculum, ideas, information, tools or strategies. We don’t know you and, besides, your results in life are up to you. Agreed? We just want to help by giving great content, direction and strategies that move you forward, faster.

Please read this entire disclaimer notice before using this website, making a purchase on this site, or relying on the content published within it or within any of our products. For privacy information regarding this website please see Privacy Policy on this page. If you make a purchase from Dianabertoldo.com. we will assume that you have read and understand this disclaimer notice.

Earnings Disclaimer

The income statements, testimonials, and examples on this website are exceptional results, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Every effort has been made to accurately represent our products and services and their possible potential. Any examples of actual results can be verified upon request.

Each individual’s success depends on his or her desire, dedication, background, service, effort and motivation to work and follow programs and advice. There is no guarantee you will duplicate any of the results stated here. You recognize any personal or business endeavor has inherent risk for loss of capital.

In fact, as with any product or service, we know that some customers purchase our products or services but never use them, and therefore get no results from their purchase whatsoever. Therefore, the customer stories we are sharing can neither represent nor guarantee the current or future experience of other past, current or future Dianabertoldo.com customers.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else; in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

Federal Trade Commission Required Affiliate Notice

From time to time, we will promote, endorse, or suggest products and/or services for sale. These recommendations are always based on a belief that the product and its author will provide excellent and valuable information or service based on a review of that product, our relationship with that person, and or previous positive experience with the person or company who’s product we are recommending. In some cases, we will be compensated if you decide to purchase that product based on our recommendation. We may also receive the product for free for review purposes. Always do your own due-diligence before making any purchases and never purchase anything that you cannot afford.

Limitation Of Liability

Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from us, or a guest speaker or author on our website or at one of our events.

We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers or authors in connection with the display of their photo, name, or biography posted on our websites or in our marketing materials.

Warranty Information

The information, services, products, claims, seminar topics, and materials on this site are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events.

The only exception is the guarantees of satisfaction and graduation that are clearly labeled guarantees within our websites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the websites will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes them available are free of viruses or other harmful components.

Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Link Information

We try to only link to other reputable websites that do not engage in improper business practices, and when you are on our website you may have the opportunity to visit, or “click-through”, to other websites, blogs, or other electronic media not operated by Dianabertoldo.com. These sites may collect personal information about you or be a security risk. Dianabertoldo.com does not control websites that are operated by these entities and is not responsible for the practices of the other websites. The privacy practices and policies of any linked websites are the sole responsibility of the other websites. We recommend that you review the privacy policy of any website that you visit from a link on this site.

Explicit Language & Mature Content

On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language. Users who are uncomfortable with such topics or language should not use our Sites.

Disclaimer Notice Changes

Diana Bertoldo reserves the right to change or update this disclaimer notice, or any other of our policies or practices, at any time without notice. Any changes or updates will be effective immediately upon posting to this website. Under certain circumstances, we may also elect to notify you of changes or updates to our disclaimer notice by additional means, such as posting a notice on the front page of our website to sending you an e-mail. We encourage you to review this disclaimer notice often for changes.

If you have any questions or comments regarding our disclaimer notice, you may contact us at:

Dianabertoldo.com

3586 Caminito El Rincon, #114

San Diego, California 92130

(858) 369-0499

diana@dianabertoldo.com

Privacy Policy

Diana Bertoldo (“Company,”) respects your privacy and is committed to protecting it through this Privacy Policy.

This Privacy Policy governs your access to and use of dianabertoldo.com, including any content, functionality and services offered on or through dianabertoldo.com (the “Website”), whether as a guest or a registered user.

When accessing the Website, the Company will learn certain information about you, both automatically and through voluntary actions you may take, during your visit. This policy applies to information we collect on the Website and in email, text, or other electronic messages between you and the Website.

Please read the Privacy Policy carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Privacy Policy. If you do not want to agree to the Privacy Policy, you must not access or use the Website.

Children Under The Age Of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at diana@dianabertoldo.com.

Information We Collect About You

When you access the Website, the Company will learn certain information about you during your visit.

Information You Provide To Us. The Website provides various places for users to provide information. We collect information that users provide by filling out forms on the Website, 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 via the Website.

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.

Information We Collect Through Automatic Data Collection Technology. As you navigate through our Website, we may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type.

The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.

Use of Cookies And Pixels

Similar to other commercial websites, our website utilizes a standard technology called “cookies” and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the websites visited just before and just after our own, as well as your IP address.

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.

The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.

Third Party Use Of Cookies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Email Information

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 provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.

Email Policies

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 except as allowed in the section titled Disclosure of Your Information.

We will maintain the information you send via e-mail in accordance with applicable federal law.

In compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.

Our emails provide users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.

Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.

How And Why We Collect Information

The Company collects your information in order 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 from us, we collect your information. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services. As a visitor to this Website, 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 sold by the Company on this Website, we will automatically enroll you to receive our free email newsletter. 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 diana@dianabertoldo.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 the Company on this Website, we will only 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 diana@dianabertoldo.com requesting to unsubscribe from future emails.

How Do We Use the Information That You Provide to Us?

We use personal information for purposes of presenting our Website and its contents to you, providing you with information, providing you with offers for products and services, providing you with information about your subscriptions and products, carrying out any contract between you and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.

From time-to-time, we may use the information you provide to us to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, the third parties will receive your information.

From time-to-time, we may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.

Disclosure Of Your Information

As a general rule, we do not sell, rent, lease or otherwise transfer any information collected whether automatically or through your voluntary action.

We may disclose your personal information to our subsidiaries, affiliates, and service providers for the purpose of providing our services to you.

We may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company.

We may provide your information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s asserts and/or business.

We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights or when compelled by a court or other governmental entity to do so.

How Do We Protect Your Information and Secure Information Transmissions?

We employ commercially reasonable methods to ensure the security of the information you provide to us and the information we collect automatically. This includes using standard security protocols and working only with reputable third-party vendors.

Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information is never transmitted via email.

The Company may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

For site security purposes and to ensure that this service remains available to all users, the Company uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

Policy Changes

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Visitors’ GDPR Rights

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.

You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data.

To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

Contact Us

The Company welcomes your questions or comments regarding the Privacy Policy:

Diana Bertoldo
3586 Caminito El Rincon
#114
San Diego, CA 92130

Email Address: diana@dianabertoldo.com

Consulting and Training Services Terms and Conditions

Please refer to your contract for complete terms and conditions. By signing your contract 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 training 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 and education. 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 5% (five-percent) late fee for all balances that are not paid in a timely manner by Client.

4) NON-TRANSFERRABILITY 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 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. Client commits to accepting assignments/exercises/sessions presented by Company and, to the extent that assignments/exercises/sessions require group participation, Client agrees to participate fully for the benefit of all members. If Client is unwilling/unable to participate in exercises/ assignments/sessions, the contract is terminable at Company’s option without recourse or refund of any kind. Company reserves the right, at Company’s sole discretion, to terminate further coaching sessions/callus unless and until such instructions/assignments are completed. Terminated coaching sessions/calls because of non-performance shall not be refundable. All outstanding amounts due at the time of termination in this event will become due and payable immediately.

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 attend Company’s seminars/workshops. Client will not attempt to contact Company’s 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 Course Rules/Regulations presented by Company. Client agrees that its failure to abide by Course 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 and Client’s participation in all aspects of the Program will be suspended until payments are brought current by Client. Client may only be suspended for late payments for two (2) consecutive payments or three (3) times during the course of the Program before forfeiting its benefits hereunder and being terminated from the Program. In the event of such termination, Client shall not be entitled to recoup any amounts paid and all outstanding amounts due hereunder become due and payable immediately. 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) INDEMNIICATION. 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 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 California 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 California, San Diego 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 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 indicates full acceptance, and also will signify acceptance of the terms.