Terms & Conditions

Refusal of Service
TWC reserves the right to refuse service to any order, person, or entity without obligation to assign reason for doing so. TWC reserves the right to limit the number of clients or participants in any given service, class, or workshop. TWC may at any time change or discontinue any aspect or feature of the Site or Service.

Order Confirmation
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If you have submitted a deposit or payment in full for a service, TWC has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.

Cancellations, Refunds & Returns
Know you need to cancel, like, six months before our agreed upon start date? I understand. Any cancellations made 30 days prior to the start of work are eligible for a refund in full; anything a little more last minute than that? Sorry, but you’re forfeiting any deposits you might have made. If the project is cancelled for any reason (like you need to wash your hair instead) after work has begun, you will be subject to a kill fee of 15%. Have to make up for my lost time, you know?

What if I need to cancel? Things happen. If I cancel before work has begun, for any reason, I’ll refund you in full. If I cancel after we’ve already started working together? I’ll keep any money paid to date and not send any additional invoices.

Let’s say you’re dissatisfied with my work. Unfortunately, an approval process is built in to the engagement that you must sign off on before work continues. Which mean no refunds in this instance. Drum beat!

If you fail to respond to communication (be it emails, handwritten letters, or smoke signals) regarding the work agreed upon in the contract within 14 days of said communication, the contract will automatically terminate. I will not refund any payments in this instance.

Suppose you have a conflict. You must call 24 hours ahead or you will be charged. Maybe you don’t show up. Three no-shows constitutes a termination of the engagement altogether. If a deposit has been made, you forfeit any deposits. You will receive a credit of 50% toward future services – contact me at talkingwelltoday@gmail.com to claim your credit.

Also, here’s the thing: Once you download a digital product, you really can’t return it. So all digital product sales are final. Thanks for not being one of *those* people! If you’re totally not sure if something would be a good fit for you, absolutely email me at talkingwelltoday@gmail.com anytime and ask all the questions you’d like.

Product Description
We endeavor to describe and display the Services as accurately as possible. While we try to be as clear as possible in explaining the Services, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions, because we might not have drank enough coffee the day we published something. We reserve the right to refuse or cancel any order with an incorrect price listing.

Material You Submit to the Site
You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify TWC from any claim against TWC resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

TWC reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.

Intellectual Property Rights to Your Materials
TWC does not claim ownership of Material you supply to TWC. However, the act of posting Material to the site conveys an irrevocable, worldwide license to TWC to use and distribute the posted Material in connection with TWC's website and any related TWC publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Services. By submitting Material to TWC, you agree to hold TWC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

Our Intellectual Property
All content provided on the Site and in the Services are the intellectual property of TWC. The content of the Site and Services are protected by United States trademark, trade dress, and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, to pursue all available legal remedies against you if you are caught violating this intellectual property policy.

Affiliate Disclaimer
The purpose of this website is to be educational. There are a lot of ideas here, and there are also a lot of suggestions for tools, websites, and advice on accent modification resources for internationals and Deaf Community persons, accent acquisition resources, and accent acquisition processes. Some of the links to these tools and websites are regular links. And some of these links are links that, if you click them and purchase, I might get a commission in exchange. Everyone likes making some extra cash. Rest assured, these are only products or services I actually use and wholeheartedly recommend – you won’t find any affiliate links for any kind of music, food, or clothes...or any kind of campaign for my cousin’s next-door neighbor’s sister-in-law’s film or television or theatre project.

Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Services by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Services. Additionally, TWC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill, or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if TWC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall TWC's cumulative liability to you exceed the total purchase price of the Service you have purchased from TWC, and if no purchase has been made by you, TWC’s cumulative liability to you shall not exceed $100.

Third Party Resources
The Site and the Services contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with TWC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

​

Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
 

​Waiver
No waiver of any of the provisions of this Agreement by TWC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by TWC.
 

​Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

BettyAnn Leeseberg-Lange, Talking Well Consulting, LLC, 133 Southern Oaks Drive, St. Charles, MO 63303

​​

Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Missouri as applied to contracts that are executed and performed entirely in Missouri. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be within the State of Missouri. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
 

​Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
 

​Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.​​

​