Purchase Terms and Conditions
Userās Acknowledgment & Acceptance of Terms TERMS & CONDITIONS
By purchasing from the Company, you are consenting to these posted Terms & Conditions (āTermsā). Please read these Terms carefully before purchasing from us.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT PURCHASE OUR PRODUCT OR SERVICE.
Last Updated: [May 1 2023]
The terms āweā, āusā āourā and āCompanyā refer to [Keri Gavin - dba - Full heart floured hands]. These Terms & Conditions govern your use of and access to our website and/or the hosted platform on which you purchased from us, and any of our social media channels/accounts, blogs, emails or mobile applications (collectively āSiteā) and your use or purchase of our services and/or products.
The term āProductsā shall include but is not limited to materials, resources or information provided to you by us in our digital product, course and/or service or any digital content or information delivered or downloaded via email or other electronic means, webinars, documents, programs, courses, classes, PDFs, live posts and the like.
Clientās Acknowledgement & Acceptance of Terms
By purchasing from the Company, you are consenting to these posted Terms & Conditions (āTermsā). Please read these Terms carefully before purchasing from us.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT PURCHASE OUR PRODUCT OR SERVICE.
We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our platform/course hosting platform/website. It is your responsibility to check the appropriate page periodically for changes. Your continued use of or access to the digital course/product following the posting of any changes constitutes acceptance of those changes.
SECTION 1: REFUND POLICY & PAYMENT TERMS
PURCHASE TERMS & REFUND POLICY
By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. Children under the age of 18 are prohibited from using the Site, Product and/or Service(s).
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree to not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your Services.
Refund Policy
NO REFUND POLICY
Due to the digital nature of our products, we do not offer refunds after purchase. If youāre not satisfied with your purchase, please share your concerns with us via email at keri_gavin@icloud.com and weāll do our best to make things right.
Purchase Policy
We reserve the right to refuse or cancel any order from you, at any time, for any reason, including without limitation: availability of Products and/or services; errors in the Product or service description or price; errors in your order; multiple purchases and/or requests; we suspect you purchased with the intent to seek reimbursement; and if we suspect that your order is fraudulent, unauthorized or otherwise an illegal transaction.
We also reserve the right to change our prices at any time, within our sole discretion, prior to accepting your order. Should the prices change, you will have the right to cancel your order.
Purchase Terms
If you pay for our Product and/or service by credit or debit card, you authorize and provide permission for us and our related third-party vendors to charge your credit or debit card in the amount owed for payment of the products and/or services.
You agree not to dispute any charges made to your credit card under any circumstances (i.e. chargebacks). If you inadvertently do so, you agree to immediately cancel or withdraw such a dispute and we reserve the right to report it to the credit bureaus as a delinquent account and pursue collection. You are responsible for any fees associated with recouping payment on such disputes and any collection costs associated, including attorneyās fees.
When you purchase our Product and/or services, your personal information (i.e. contact and card information) may be collected by a third-party vendor, who may have privacy policies or security practices that are different from ours. We are not responsible for the vendor's independent policies or practices.
Payment Plans
If you have selected a payment plan option, you understand and agree that all payments are to be made on time. If there is delay in payment, we reserve the right to bill you a late fee of 3% each week, based on the remaining balance due under the payment plan. Payment plans are provided for your convenience and are not to be construed as a subscription service. You understand that regardless of any attempt to request a refund or terminate your purchase after accessing the product(s), you remain responsible for any remaining payments in the payment plan.
Future Updates/Promotions
We will periodically update our products and/or services to stay current. You will be provided with these revisions and/or updates and/or edits at no additional charge. Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you.
Order Confirmation
You will receive an email(s) to confirm the placement of your order along with a downloadable Product and/or access to the digital course, which will contain details concerning your purchase. In the event there is an error in this email confirmation or emails concerning your purchase, it is your responsibility to inform us as soon as possible.
SECTION 2: INTELLECTUAL PROPERTY
Our Site, Products and Services are protected by the copyright laws of the United States of America (āU.S.ā) You understand that [Keri Gavin - dba Full heart floured hands] owns the Site and Product(s), which is our intellectual property.
You may download and print certain materials from our Product(s) for your own personal and non-commercial purposes, but you may not copy or use our Product(s) for any other reason. You agree to not use or copy, frame, mirror, in link to or make similar use of any part of our Site, Product(s) or Services without our express written consent.
We may investigate any alleged violations of these Terms and take the appropriate action, in our sole discretion, which may include but is not limited to a warning, suspension of your access, termination of your access and/or legal action.
If you believe that our Site or Product(s) infringes a copyright of yours, please contact us at the email address below, and our designated agent under the Digital Millennium Copyright Act (17 U.S.C. §512) will address your concerns. However, you will be held accountable for any and all damages (including without limitation attorneyās fees and costs) should you misrepresent that our Site or Product(s) infringes on your copyright.
License to Use. By purchasing our Product(s) and/or Services, you are hereby granted one revocable, limited, non-assignable, non-exclusive license to the Product and/or Service that you purchased. You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of our purchased Products and/or services.
You are not permitted to share your purchased Product, course and/or service with anyone.
If you violate these Terms, such as giving or selling a copy of our Products and/or services to others, you agree to pay for the license of the purchased goods or services that you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our goods or services, temporarily or permanently.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Site, Products or Service provided or the information contained therein, or any content on the Site through which the Products are provided, without express written permission by us.
SECTION 3: GENERAL PROVISIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your personal information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You represent that you are at least the age of majority in your state, jurisdiction, or province of residence. Children under the age of 18 are prohibited from using our Site, Products and/or Service(s).
The headings or subheadings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Informational & Educational Purposes Only. The information provided is for general educational and informational purposes only. It should not be relied upon or used as the sole basis for decision making related to your personal life or business, without consulting primary, more accurate, more complete or more timely sources of information.
You understand and acknowledge that the information provided to you by us is not legal, financial, therapeutic, mental health, or medical advice and that the Company is not a professional service provider. Again, all of the information, including without limitation, resources provided via phone or video conference, e-mail, an online forum, live events such as webinars or lives, video/audio recordings, courses, materials provided in our digital products and the like about business, laws, health, wellness and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that the Company does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice.
Assumption of Risk. Any reliance on our Site, Products, and/or Services and the information contained therein or provided to you is at your own risk and you do so voluntarily. You use the information provided and our Site, Products, and/or Services at your own risk.
You accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site, Products, and/or Services, including any actions you choose to make, or not make, as a result of using our information and/or resources.
You should consult with a professional for any and all individual questions or concerns.
Non-Disparagement. You agree to refrain from making any statements or comments of a defamatory, derogatory or disparaging nature, either publicly or privately, to any third-party regarding the Company, or any of Companyās officers, directors, employees, personnel, agents, policies, Products or services, other than to comply with law. This also includes directing others to do so. This provision in no way restricts your ability to communicate reviews or performance assessments about our products and/or services to us.This section survives termination.
No Guarantees. We cannot guarantee any outcome of using, consuming, participating or applying our Product(s) and/or Services. We make no guarantees other than that the Product(s) and/or Services shall be reasonably provided to you in accordance with these Terms. You acknowledge that Company cannot guarantee any results of the Products and/or Services as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by the Company. Clients not achieving his or her desired results is not grounds for a refund, partial or otherwise.
Maximum Damages. The sole remedy for any actions or claims by you against [Keri Gavin - dba Full heart floured hands] shall be limited to and shall not exceed $100.00.
Severability. If any term or provisions in this Agreement is found to be unlawful in any way, void or unenforceable, then that term or provision will be deemed severable from this Agreement and will not have any effect on the validity or enforceability of the Agreement and any remaining terms and provisions.
Prompt Enforcement. The failure of either party to promptly enforce this Agreement or any of its terms shall not be deemed to be a waiver of enforcement or implied modification of the Agreement regardless of the number of times or the frequency with which any such term is violated.
Attorneyās Fees. In the event of any controversy, claim or dispute between us, arising out of or related to this Agreement or the breach of this Agreement, the prevailing party shall be entitled to recover from the other party all costs incurred including attorneyās fees.
Governing Law. Unless otherwise specified, the Site, Products, and/or Services are provided by Keri Gavin - dba Full heart floured hands and are controlled and operated by us from its her Massachusetts location. Thus, any disputes arising out of or related to these Terms, including our Site, Products, and/or Services, shall be resolved exclusively by Massachusetts's state or federal courts, apply Massachusetts law, regardless of principles or conflicts of law.
Jurisdiction/Venue. Further, any disputes arising out of or related to these Terms, including without limitation our Site, Products, and/or Services, shall be brought within the State of Massachusetts, County of [Essex], City of [Essex].
Entire Agreement. The Terms constitute the entire agreement between us and you as it relates to your use and access to our Site, Products and Services.
SECTION 4: INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Keri Gavin - dba Full heart floured hands on its affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorneyās fees), arising from: your activities in connection with our Site, Products, and/or Services; your violations of these Terms; your improper or unauthorized use of our Site, Products, and/or Services; any claims or allegations that you transmit through or in connection with our Site, Product(s), and/or Services that infringes or violates intellectual property, privacy or other third-party rights; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site, Product(s), and/or Services.
SECTION 5: ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on or in our Site, Products, or Services that contains typographical errors, inaccuracies, or omissions that may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in that information.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website, platform, Products, Services, and the like. It is your responsibility to check the appropriate Terms periodically for changes. Your continued access and/or use of the digital products/courses following the posting of changes constitutes your acceptances of those changes.
We also reserve the right to modify the contents and/or information on or in our Site, Products, and/or Services at any time, but we have no obligation to update any information or notify you of those changes. You agree that it is your responsibility to monitor changes to our Products, and/or Services.
SECTION 6: DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
Limitation of Liability. IN NO EVENT SHALL KERI GAVIN - DBA FULL HEART FLOURED HANDS, ITS PROVIDERS OR OTHER THIRD-PARTIES MENTIONED ON THIS SITE, OUR PRODUCT AND/OR SERVICES BE LIABLE FOR ANY DAMAGE WHATSOEVER RESULTING FROM OR RELATED TO YOUR USE OF OR ACCESS TO OUR SITE, PRODUCTS AND/OR SERVICES. YOU AGREE TO ABSOLVE US, OUR PROVIDERS AND OTHER RELATED THIRD-PARTIES FROM ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGE ARISING OUT OF OR RELATED TO YOUR USE AND/OR ACCESS TO OUR SITE, PRODUCTS AND/OR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR INFORMATION PROVIDED IN OUR PRODUCTS AND/OR SERVICES IS TO STOP USING THIS SITE OR OUR PRODUCTS AND/OR SERVICES.
Disclaimer of Warranties. Without limiting the foregoing āLimitation of Liabilityā provision, this Site and Content is provided to you āAS ISā and KERI GAVIN - DBA FULL HEART FLOURED HANDS specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, PRODUCTS AND/OR SERVICES. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE, PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. No advice or information, whether oral or written, provided to you from us or any related third-parties shall create a warranty not expressly stated in these Terms.
We also reserve the right to modify or discontinue, either temporarily or permanently, our Site, Products, and/or Services, at any time, without notice. We may also impose limits on your use or restrict access to you to any part of the Site, Products, and/or Services without notice or liability. You consent and agree that we will not be liable to you or third-parties for any such modification, termination or suspension of us, or discontinuance of the same.
SECTION 7: RULES OF CONDUCT
You may not use our Site, Products and/or Services for any illegal or unauthorized purpose. You agree to adhere to all relevant laws, rules and regulations in accessing or using our Site, Products and/or Services (including without limitation copyright, trademark, and rights to privacy).
You may not modify, reverse engineer, frame, mirror, or adapt any portion of the Site or Products. You may not interfere with the Siteās or Productsā operations or make connection to the Site or our Products/Services inoperable or transmit any viruses, worms, or harmful code.
You may not use the Site, Products and/or Service in a manner that is hurtful, harmful, abusive, harassing or offensive to others.
You may not create a false identity or user account, impersonate another person or entity, or misrepresent yourself in any way to us.
A breach or violation of any of these Terms will result in an immediate termination of our Services and license to use our Products.
SECTION 8: THIRD-PARTY LINKS
Affiliate Links. Our Site or Products may use affiliate links to promote certain Content, Companies, third-parties, and products or services. We use affiliate marketing to receive a commission, service and/or complimentary product for purchases made by you on the affiliate website using such links from our Site and/or Products. You accept liability for any and all harm or damages or benefits of clicking on the affiliate links contained on our Site and/or Products. We in no way guarantee the quality of the affiliate product or service provided by any third-party and bear no liability with respect to such product, service or experience.
Keri Gavin is also a participant in the Amazon Services LLC Associates Program. As an Amazon Associate, we may earn a commission from qualifying purchases when you buy through links on our Site.]
Links to Other Sites/Information. Our Site or Products may contain links to other websites, which are not affiliate links. These links are only provided for the userās convenience. We do not endorse or verify the accuracy of the information contained on third-party websites accessed through these links. We in no way guarantee the quality of the third-party product or service and bear no liability with respect to such product, service or experience. If you use the link on our Site or Product and access a third-party website, you are no longer covered by our Privacy Policy and Terms & Conditions. Any questions or concerns regarding a third-party website or resources should be directed to the third-party. We bear no responsibility for any action or non-action you take associated with the third-party.
SECTION 9: TESTIMONIALS
Our Site, Products, and/or Services may contain testimonials by users of our Site or former customers or our Products and/or Services. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. We do not pay or compensate these individuals or businesses for their testimonials and are not affiliated with them. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences, and may not represent a typical userās experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary.
SECTION 10: FEEDBACK/REVIEWS
Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties, subject to the Stan Storeās Privacy Policy https://assets.stanwith.me/legal/privacy-policy.pdf). We own such communication from you and any such communication displayed on our Site, Products and/or Services, including without limitation social media posts, direct messages and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose.
We own such communication from you and any such communication displayed on our Site, Products and/or Services, including without limitation social media posts, direct messages and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose.
SECTION 11: EARNINGS DISCLAIMER
Any earnings or income/financial claims or examples shown on our Site, Product and/or Services are only estimates of what is possible now or in the future. We make no income/financial claims or guarantees of any kind regarding financial outcomes or potential income based on your use of our Site, Products and/or Services (or our affiliate program). We make no guarantees that you will earn any money using any of our Content and your income or earnings are solely dependent on your actions or non-actions.
SECTION 12: HEALTH DISCLAIMER
The information contained on our Site, Products and/or Services do not constitute therapy, mental health, or medical advice or care and is not intended to be substituted for professional medical advice, diagnosis or treatment. Always seek help from your doctor or other qualified healthcare professional with any questions you have about your physical and mental health or medical condition. Never disregard the advice of your doctor, mental health provider or other qualified healthcare professional, or delay in seeking it because of information you read on Site, Products and/or Services.
You acknowledge and agree that when participating in any health regimen, training, program, activity, or the like, and/or undertaking any advice found on our Site, Products and/or Services, that there is a possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.
The information contained in our Site, Products and/or Services have not been evaluated by the Food and Drug Administration.
OTHER MEDICAL CONDITIONS: If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical, psychological, emotional or medical condition, it is imperative that you seek the advice of your doctor or other professional care provider prior to using our Site, Products and/or Services. If you experience any discomfort or pain during an activity found on our Site, Products and/or Services, you must immediately cease the activity and seek the assistance of a physician or other applicable professional care provider.
NOT A MEDICAL PROVIDER: We are not a medical professional (including without limitation doctor/physician, nurse, physicianās assistant), mental health provider (including without limitation psychiatrist, psychologist, therapist, counselor or drug addiction specialist), registered dietitian or licensed nutritionist and do not hold ourselves out in that capacity. We are not attempting to nor do we represent that we can diagnose, treat, prevent, or cure any physical, mental or emotional issues. We are a self-help tool, trainer, educator, coach, mentor or guide who provides education and information to our clients.
CONTACT A MEDICAL PROVIDER: Always seek the advice from or consult with your doctor, mental health provider or other qualified healthcare provider before participating in any exercise program, using any advice, products or services made accessible by us, and/or undertaking any health protocol or regimen found on our Site, Products and/or Services. Do not start or stop any medications without speaking to your medical or mental health provider. In connection with our Site, Products and/or Services, we are not creating a doctor-patient or therapist-patient relationship of any kind.
By using our Site, Products and/or Services, it does not mean that you are receiving treatment from or have a therapeutic relationship, of any kind, with us. You are solely responsible for any action or non-action that you take as a consequence of your use of or reliance on information contained in the Site or Content.
If you think you are having a medical emergency, call your doctor or emergency services, or go to the nearest hospital emergency department immediately.
All information on this Site and in our Content is solely for informational and educational purposes and does not constitute medical advice or establish any kind of patient-client relationship.
SECTION 13: CONTACT US
Questions or concerns about these Terms should be sent to us at: keri_gavin@icloud.com
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additional - Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING
By using the website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by (Keri Gavin dba Full Heart FLoured Hands) (collectively the āSiteā) is subject to the following terms and conditions (āTerms of Useā) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the āContentā) are maintained for your personal use and information by (Keri Gavin dba Full heart floured hands) (the āCompanyā) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partyās intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at (Keri Gavin dba Full heart floured hands.) Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Companyās Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED āAS ISā WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USERāS NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USERāS EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANYāS TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANYāS CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. DUE TO THE NATURE OF THE DIGITAL PRODUCT, THERE ARE NO REFUNDS OFFERED.
You agree that you will pay for all products you purchase through the Company. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING THE COMPANY WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. ALL SALES OF PRODUCTS ARE FINAL. Prices for products offered by the Company may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering. If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by the Company.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
If your purchase includes calls with the Company, you are responsible for scheduling them. All bookings are non-refundable. If you have to cancel your call, please email keri_gavin@icloud.com with the subject "CALL CANCELLATION- [date & time of your call]" no less than 48 hours before your call. If you do not show up to your call or reschedule within 48 hours, you forfeit your call.
You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorneyās fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, Florida. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms