Healthy Boundaries for Cycle-Breakers & Therapeutic Art/Coaching Services
Terms of Service & Privacy Policy: Last Updated: March 15, 2026
Terms of Service
Welcome, and thank you for your interest in Healthy Boundaries for Cycle-Breakers and our online community as well as your interest in Therapeutic Art and/or Private Coaching services (AKA "The Community Owner/Provider" "we," “our,” or "us") along with any mobile or other downloadable applications that we make available to enable access to the same (collectively, the "Community" and “Services”). These Terms of Service are a legally binding contract between you and The Community Owner/Provider regarding your use of the Community/Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY ACCEPTING THESE TERMS (EITHER BY CLICKING "I ACCEPT" OR BY OTHERWISE ACCESSING OR USING THE COMMUNITY/SERVICES), YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF AND ACCESS TO THE COMMUNITY/SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE COMMUNITY OWNER’S/PROVIDER’S PRIVACY POLICY (COLLECTIVELY, THESE "TERMS") AND THE ADDITIONAL COMMUNITY/SERVICE TERMS ATTACHED AS EXHIBIT A (THE "ADDITIONAL TERMS") EITHER (A) ON BEHALF OF YOURSELF AS AN INDIVIDUAL, OR (B) IF YOU ARE ACCESSING THE COMMUNITY/SERVICES ON BEHALF OF AN ENTITY, ORGANIZATION, OR COMMUNITY OWNER, ON BEHALF OF SUCH ENTITY, ORGANIZATION OR COMMUNITY OWNER FOR WHICH YOU ACT, AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ORGANIZATION OR COMMUNITY OWNER TO THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE COMMUNITY/SERVICES. YOUR USE OF THE COMMUNITY/SERVICES AND THE COMMUNITY OWNER'S/PROVIDER’S PROVISION OF THE COMMUNITY/SERVICES TO YOU CONSTITUTES AN AGREEMENT BY THE COMMUNITY OWNER/PROVIDER AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND THE COMMUNITY OWNER/PROVIDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1.
Eligibility. You must be at least 18 years old to join the Community/purchase the Services and attend video sessions or have the consent and accompaniment of a parent or legal guardian. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old OR you are at least 13 years old AND have obtained verifiable consent from a parent or legal guardian to join the Community/purchase Services and will be accompanied by them for all online sessions; (b) you have not previously been suspended or removed from the Community/Services; and (c) your registration and your use of the Community/Services is in compliance with any and all applicable laws and regulations.
2.
Enrollment and Registration. To access features of the Community/Services, you must enroll/register. When you do, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. Once enrolled/registered, you are solely responsible for maintaining the confidentiality of sessions attended, and you accept responsibility for all activities that occur under your name and payments that are due to The Community Owner/Provider.
3.
LICENSES
3.1.
Limited License. Subject to your complete and ongoing compliance with these Terms, The Community Owner/Provider grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access and use the Community/Services.
3.2.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the software powering the Community/Services; (b) make modifications to the software powering the Community/Services; or (c) interfere with or circumvent any feature of the Community/Services, including any security or access control mechanism. If you are prohibited under applicable law from using the Community/Services, then you may not use them.
3.3.
Feedback. We respect and appreciate the thoughts and comments from our members and clients. If you choose to provide input and suggestions regarding existing functionalities or problems with/proposed modifications or improvements to the Community/Services (“Submissions”), then you hereby grant The Community Owner/Provider and its Service Provider (defined in Section 16.1 below) an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Submissions in any manner and for any purpose, including to improve the Community/Services and create other products and services. We will have no obligation to provide you with attribution for any Submissions you provide to us.
4.
Ownership; Proprietary Rights. The Community/Services are managed by The Community Owner/Provider using a platform made available by Service Provider. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Community/Services provided by Community Owner/Provider or Service Provider ("Materials") are protected by intellectual property and other laws. All Materials included in the Community/Services are the property of The Community Owner/Provider or its third-party licensors (including Service Provider). Except as expressly authorized by The Community Owner/Provider, you may not make use of the Materials. There are no implied licenses in these Terms and The Community Owner/Provider and Service Provider reserve all rights to the Materials not granted expressly in these Terms.
5.
THIRD-PARTY TERMS
5.1.
Third-Party Services. The Community Owner/Provider may provide tools through the Community/Services that enable integration with third-party platforms, add-ons, services, or products not provided by The Community Owner/Provider ("Third-Party Services"). If you direct us to transmit data to, or receive data from, a Third-Party Service on your behalf (including by enabling the applicable integration in the settings of the Community/Services), then you authorize us and Service Provider to collect, access, use, derive, disclose, generate, transfer, transmit, store, host, or otherwise process ("Process") any such data, including User Content (defined in 6.1 below), in connection with the applicable integration, in a manner consistent with the functionality of the Community/Services requested by you and the permissions granted to The Community Owner/Provider by the relevant integration (which Processing may include, without limitation, performing queries on the data held by the Third-Party Service). You acknowledge and agree that your use of a Third-Party Service is subject to your agreement with the relevant provider of such Third-Party Service, and that The Community Owner/Provider and Service Provider are not a party to such agreement. The Community Owner/Provider and Service Provider do not control and have no liability for Third-Party Services, including their security, functionality, operation, availability, or interoperability with the Community/Services or how the Third-Party Services or their providers use User Content. All data received from Third-Party Services on behalf of you as described herein will be deemed User Content under these Terms.
5.2.
Third-Party Software. The Community/Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Community/Services are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
6.
USER CONDUCT
6.1.
User Content Generally. Certain features of the Community/Services may permit users to submit, upload, publish, broadcast, or otherwise transmit ("Post") content to the Community/Services, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Community/Services, subject to the licenses granted in these Terms.
6.2.
Limited License Grant to The Community Owner/Provider. By Posting User Content to or via the Community/Services, you grant The Community Owner/Provider and Service Provider a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Community/Services. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from The Community Owner's/Provider’s or Service Provider's exercise of the license set forth in this Section.
6.3.
You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content including in all ambient music and underlying musical works embodied in any sound recording. The Community Owner/Provider disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Community/Services. By providing User Content via the Community/Services, you affirm, represent, and warrant to us that: (a) you are the owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize The Community Owner/Provider and users of the Community/Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by The Community Owner/Provider, Service Provider, the Community/Services, and these Terms; (b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause The Community Owner/Provider or Service Provider to violate any law or regulation or require The Community Owner/Provider or Service Provider to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
6.4.
User Content Disclaimer. The Community Owner/Provider and Service Provider are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. The Community Owner/Provider or Service Provider may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Community/Services, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against The Community Owner/Provider or Service Provider with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, The Community Owner/Provider may (or may permit Service Provider to) investigate the allegation and determine whether to remove the User Content, which The Community Owner/Provider and Service Provider reserve the right to do at any time, without notice, and for any reason. For clarity, The Community Owner/Provider does not permit infringing activities on the Community/Services.
6.5.
Monitoring Content. The Community Owner/Provider and Service Provider do not control and do not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Community/Services by its users. You acknowledge and agree that The Community Owner/Provider and Service Provider reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Community/Services for operational and other purposes. If at any time The Community Owner/Provider or Service Provider chooses to monitor the content, then The Community Owner/Provider and Service Provider still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with The Community Owner’s/Provider’s Privacy Policy. The Community Owner/Provider and Service Provider may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Community/Services without any liability to the user who Posted such User Content to the Community/Services or to any other users of the Community/Services.
6.6.
Child Sexual Abuse and Exploitation. The Community Owner/Provider and Service Provider prohibit any sexual or suggestive content and predatory or inappropriate behavior involving minors (i.e. users under 18 years old) or someone who appears to be a minor. This includes sharing, offering, or asking for child exploitation content, including child sexual abuse material (CSAM). If you are unsure about a piece of content involving a minor, do not share it. When child sexual exploitation content is identified, the violative content is removed as soon as possible and the related account is banned. If The Community Owner/Provider and Service Provider confirm the presence of CSAM, we take the steps required by law to preserve and refer the relevant content to appropriate authorities. In the United States, federal law requires that U.S.-based electronic service providers report instances of apparent CSAM to the National Center for Missing and Exploited Children (NCMEC). NCMEC coordinates reports with global law enforcement agencies in over 120 countries through its partner organization, the International Center for Missing and Exploited Children.
7.
COMMUNICATIONS
7.1.
Email. We may send you emails concerning our products and services, as well as those of third parties via the Provider and Service Provider's platform(s) and/or the personal email of The Community Owner. You may opt out by following the unsubscribe instructions in the email.
8.
PROHIBITED CONDUCT. BY USING THE COMMUNITY/SERVICES, YOU AGREE NOT TO:
8.1.
use the Community/Services for any illegal purpose or in violation of any local, state, national, or international law;
8.2.
harass, threaten, demean, embarrass, bully, sexually bother, or otherwise harm any other user of the Community/Services;
8.3.
violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
8.4.
access, search, or otherwise use any portion of the Community/Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by The Community Owner/Provider or Service Provider;
8.5.
interfere with security-related features of the Community/Services, including by: (a) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Community/Services except to the extent that the activity is expressly permitted by applicable law;
8.6.
interfere with the operation of the Community/Services or any member’s enjoyment of the Community/Services, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Community/Services; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Community/Services;
8.7.
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other member’s account without permission, or falsifying your age or date of birth;
8.8.
sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 4 [Ownership; Proprietary Rights]) or any right or ability to view, access, or use any Materials; or
8.9.
attempt to do any of the acts described in this Section 8 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 8 (Prohibited Conduct).
9.
INTELLECTUAL PROPERTY RIGHTS PROTECTION
9.1.
Respect for Rights. The Community Owner/Provider respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Community/Services to do the same. Infringing activity and/or disrespectful comments and/or behaviors will not be tolerated in the Community/Services or during video sessions. All content, images, text, teaching methods, etc. regarding the Healthy Boundaries for Cycle-Breakers book/curriculum/online group as well as the Therapeutic Art/Private Coaching services and all of their information offered by The Community Owner/Provider are the intellectual property and copyrighted material of The Community Owner/Provider (AKA Tonia Henry) and are not permitted to be copied, resold, saved, or used in any way without written permission from The Community Owner/Provider and due payment to The Community Owner/Provider for usage rights of the intellectual property/copyrighted material.
9.2.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended) and the Community/Services are subject to such.
10.
Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Community/Services. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Community/Services. Except as expressly permitted in this Section 10 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
11.
TERM, TERMINATION, AND MODIFICATION OF THE COMMUNITY/SERVICES
11.1.
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, join, or use the Community/Services and ending when your services are fulfilled/terminated or your round of the curriculum for which you purchased a membership finishes or is terminated as described in Section 11.2 (Termination).
11.2.
Termination. If you violate any provision of these Terms, then your authorization to access the Community/Services and these Terms automatically terminate. In addition, The Community Owner/Provider may, at its sole discretion, terminate these Terms or your membership to the Community/Services or suspend or terminate your access to the Community/Services at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination.
11.3.
Effect of Termination. Upon termination of these Terms: (a) your membership/purchasing/usage rights will terminate and you must immediately cease all use of the Community/Services; (b) you will no longer be authorized to access the Community/Services; (c) you must pay The Community Owner/Provider any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 3.3 (Feedback), 4 (Ownership; Proprietary Rights), 11.3 (Effect of Termination), 12 (Indemnity), 13 (Disclaimers; No Warranties by Community Owner), 14 (Limitation of Liability), 15 (Dispute Resolution and Arbitration), and 16 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Community/Services since upon termination of your membership/purchasing rights, you may lose access rights to any User Content you posted. If your membership/purchasing/usage rights have been terminated for a breach of these Terms, then you are prohibited from creating a new membership on the Community or purchasing/using services by using a different name, email address, or other forms of account verification.
11.4.
Modification of the Community/Services. The Community Owner/Provider reserves the right to modify or discontinue all or any portion of the Community/Services and/or sessions at any time (including by limiting or discontinuing certain features of the Community/Services), temporarily or permanently, without notice to you. The Community Owner/Provider will have no liability for any change to the Community/Services, including any paid-for functionalities of the Community/Services or any suspension or termination of your access to or use of the Community/Services. You should retain copies of any User Content you Post to the Community/Services so that you have permanent copies in the event the Community/Services is modified in such a way that you lose access to User Content you posted.
12.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Community/Services and you will defend and indemnify The Community Owner/Provider, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Specified Entities") and Service Provider from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Community/Services; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
13.
DISCLAIMERS; NO WARRANTIES BY THE COMMUNITY OWNER/PROVIDER
13.1.
THE COMMUNITY/SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE COMMUNITY/SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. THE COMMUNITY OWNER/PROVIDER AND SERVICE PROVIDER DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE COMMUNITY/SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE COMMUNITY/SERVICES, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE COMMUNITY OWNER/PROVIDER AND ITS SERVICE PROVIDER DO NOT WARRANT THAT THE COMMUNITY/SERVICES OR ANY PORTION OF THE COMMUNITY/SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE COMMUNITY/SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THE COMMUNITY OWNER/PROVIDER DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
13.2.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMMUNITY/SERVICES, SPECIFIED ENTITIES, OR SERVICE PROVIDER, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE COMMUNITY/SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE SPECIFIED ENTITIES OR THE COMMUNITY/SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE COMMUNITY/SERVICES AND YOUR DEALING WITH ANY OTHER COMMUNITY/SERVICES USER(S). YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE COMMUNITY/SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE COMMUNITY/SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
13.3.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 13 (DISCLAIMERS; NO WARRANTIES BY THE COMMUNITY OWNER/PROVIDER) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Community Owner/Provider does not disclaim any warranty or other right that The Community Owner/Provider is prohibited from disclaiming under applicable law.
14.
LIMITATION OF LIABILITY
14.1.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SPECIFIED ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE COMMUNITY/SERVICES OR ANY MATERIALS OR CONTENT ON THE COMMUNITY/SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SPECIFIED ENTITY OR SERVICE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
14.2.
EXCEPT AS PROVIDED IN SECTIONS 15.5 (COMMENCING ARBITRATION) AND 15.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SPECIFIED ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE COMMUNITY/SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO THE COMMUNITY OWNER/PROVIDER FOR ACCESS TO AND USE OF THE COMMUNITY/SERVICES PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US $100.
14.3.
WITHOUT LIMITING THE FOREGOING, YOU AND THE COMMUNITY OWNER/PROVIDER AGREE THAT SERVICE PROVIDER IS NOT A PARTY TO THIS AGREEMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, SERVICE PROVIDER WILL HAVE NO LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. YOU AGREE THAT IF YOU BRING A CLAIM AGAINST SERVICE PROVIDER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, SUCH CLAIM IS SUBJECT TO THE DISPUTE RESOLUTION PROCEDURE SET FORTH IN SECTION 15, AND SERVICE PROVIDER WILL BE DEEMED SUBSTITUTED FOR THE COMMUNITY OWNER/PROVIDER THEREUNDER SOLELY FOR THE PURPOSE OF SUCH CLAIM.
14.4.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15.
DISPUTE RESOLUTION AND ARBITRATION
15.1.
Generally. Except as described in Section 15.2 (Exceptions), you and The Community Owner/Provider agree that every dispute arising in connection with these Terms, the Community/Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMMUNITY OWNER/PROVIDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15.2.
Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
15.3.
Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, "JAMS Rules") as modified by these Terms.
15.4.
Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). The Notice of Arbitration must: (a) identify the name of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly first.
16.
MISCELLANEOUS
16.1.
Third-Party Beneficiary. The Community/Services are powered by technology platforms provided by Zoom, Google Meet, and Stan Store ("Service Provider"). You and we acknowledge and agree that (a) Service Provider is an intended third-party beneficiary to these Terms, (b) is entitled to rights and benefits hereunder, and (c) may enforce these Terms against you as if it were an original party hereto.
16.2.
General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and The Community Owner/Provider regarding your use of the Community/Services. These Terms or any rights under these Terms, may not be assigned either by us or by you in whole or in part, by operation of law or otherwise, without our Service Provider's prior written consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
16.3.
Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and The Community Owner/Provider submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Kings County, New York for resolution of any lawsuit or court proceeding permitted under these Terms. Service Provider operates the service that we use to provide the Community/Services from its offices in New York, and we make no representation that Materials included in the Community/Services are appropriate or available for use in other locations.
16.4.
Privacy Policy. You understand and agree to the processing of your personal data in connection with the Community/Services in accordance with The Community Owner’s/Provider’s Privacy Policy.
16.5.
Precedence. In the event of a conflict between the Additional Terms and these Terms these Terms will control.
16.6.
Consent to Electronic Communications. By using the Community/Services, you consent to receiving certain electronic communications from us as further described in our The Community Owner’s/Provider’s Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
16.7.
Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Community or to receive further information regarding use of the Community/Services.
17.
Notice Regarding Apple. This Section 17 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and The Community Owner/Provider only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Community/Services or the content of them. Apple has no obligation to furnish any maintenance and support services with respect to the Community/Services. If the Community/Services fail to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Community/Services. Apple is not responsible for addressing any claims by you or any third party relating to the Community/Services or your possession and/or use of the Community/Services, including: (1) product liability claims; (2) any claim that the Community/Services fail to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Community/Services and/or your possession and use of the Community/Services infringe a third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Community/Services. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Exhibit A: Additional Terms
User Agreement:
The Community Owner’s/Provider’s goal is to provide education regarding Healthy Boundaries for Cycle-Breakers (and all topics discussed within), Therapeutic Art, and Private Coaching services and provide a safe, supportive environment for members/clients. Because of the sensitive nature of some topics discussed during these services/video sessions, all users must agree to the following terms (“User Agreement”) to maintain membership in the Community/Services and attend the video sessions.
MEMBER PRIVACY
The Community Owner/Provider will require your real name to be provided during your enrollment/registration with the group/services. You are not obligated to use your real name on the group video sessions. To assist you in ensuring your privacy, we offer the option for you to use just your first name and last initial, a nickname, or an alias. We want to ensure that you feel you have privacy to engage in the comments and/or Community/Services in a way that is comfortable for you.
POSTING COMMENTS
Zoom/Google Meet includes a comment section where content may be contributed or uploaded. The following types of contributions will not be tolerated and will be deleted, and/or your membership/access to services may be immediately terminated:
any type of harassment directed toward any other member or The Community Owner/Provider;
spam;
hate speech;
defamatory statements regarding The Community Owner/Provider or any third party;
references to any illegal acts; or,
any contributions that may violate the legal rights of a member or third party.
CONTENT CONTRIBUTED
As a member/client, you will receive the option to contribute. Any content you contribute to comment sections including (but not limited to) text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you, The Community Owner/Provider, or a third party.
The Community Owner/Provider reserves the right to edit or remove: (i) any material submitted; (ii) stored on Zoom’s/Google Meet’s servers; or, (iii) hosted or published. The Community Owner/Provider takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding The Community Owner’s/Provider’s rights under the Terms of Use, The Community Owner/Provider does not undertake to monitor the submission of all content to or the publication of such content on Zoom/Google Meet.
GRANT OF RIGHTS
You grant The Community Owner/Provider a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute. This includes but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant The Community Owner/Provider the right to sub-license these rights and the right to bring an action for infringement of these rights.
This Grant of Rights gives us the ability to host the video sessions and ensure functionality for our members/clients. Unless compelled by law, we will not share your content without your authorization.
CONFIDENTIALITY
Because we understand you (and our other members) may be dealing with sensitive personal situations, we require that all members/clients hold the content of the online group sessions as confidential, including but not limited to, the identity, location, posts, and personal information of members. You may not share anyone else’s content without written authorization from both The Community Owner/Provider and the member who posted the content.
Unless compelled by law, we will not share your confidential information with third parties.
Additionally, The Community Owner/Provider is not responsible for verifying the true identities of its members. For this reason, we request that members exercise caution before sharing any/all identifying or private information with other members.
SCREENSHOTS, PHOTOS, AND DOWNLOADS
In order to respect the confidentiality of all members, screenshots of confidential content, photos of confidential content, or any other download of confidential content (including copying and pasting any content) is strictly prohibited.
LEGAL CONCERNS
You or other members may be parties to legal matters, including but not limited to litigation, arbitration or mediated matters. Please do not post sensitive information related to such matters to the group. This includes:
Any statements which are potentially defamatory, libelous, or slanderous;
Confidential information of third parties;
Any privileged communications between you and your attorney; or,
Any other information that you would not want used in your legal matters.
In the event that content you have posted is requested through the discovery process in any litigation in which you are personally involved, please advise your lawyer of the confidentiality of other parties. In the event that any other member’s identity would be exposed through your responses to such discovery requests, we ask that their information be redacted whenever possible; however, this should be discussed with your attorney, who will be able to advise you regarding the particular circumstances.
MEMBER INTERACTIONS
From time to time, members may hold professional degrees or licenses, such as lawyers, accountants, or therapists. Participation in Healthy Boundaries for Cycle-Breakers online group does not create a client relationship with any other member. Any information provided should not replace the advice that you receive from professionals with whom you have established a client relationship.
PAYMENTS FOR THE ONLINE GROUP/SERVICES
Any/all electronic payments made to The Community Owner/Provider for online products/services are due in full at time of purchase unless otherwise stated on the product’s/service’s purchase page or there is a payment plan offered, in which case, the amounts will be due in full at the set times, which you agree to follow in any case. If a customized online product/service is created for you by The Community Owner/Provider via email communication, the price and payment schedule will be set by The Community Owner/Provider in the email, which you agree to follow in any case.
CANCELLATIONS/RESCHEDULING/REFUNDS FOR ONLINE SERVICES
If you need to cancel/reschedule an online service after paying for said service, you agree that you will notify The Community Owner/Provider at least 24 hours before the service start time in order to receive a full refund. Cancellations/rescheduling within 24 hours of the service start time will require full payment of the service, as does a no-show by the client, in which case, the service will not be rescheduled and must be repurchased if the client wishes to receive the service another time.
The Healthy Boundaries for Cycle-Breakers online group cannot be rescheduled; if you need to cancel after paying, you agree that you will notify The Community Owner/Provider at least 24 hours before the first session start time in order to receive a full refund. Any payments made toward the Healthy Boundaries for Cycle-Breakers online group will not be refunded if you don’t/can’t attend any/all sessions for which you have paid/registered, and your payment/registration will not transfer to any future rounds.
Therapeutic Art/video Coaching sessions may be rescheduled for within one week (a 7 day timeframe) of the original date/time scheduled by notifying The Community Owner/Provider. If you are a no-show for your session, attempt to reschedule more than once, or any other terms stated above, you forfeit your payment and will not be refunded, in which case, the service will not be rescheduled and must be repurchased if the client wishes to receive the service another time. Voxer coaching payments are non-refundable after the client sends their first message or once 24 hours have passed since payment was made. Email coaching payments are non-refundable.
In the unlikely event that The Community Owner/Provider needs to cancel or reschedule any online service for a group/individual at any time for any reason, The Community Owner/Provider will make a reasonable effort to provide ample notice via email to members/clients who have already paid for said service. Rescheduling will be the first attempted method and the member/client is expected to make a good-faith effort to reschedule with The Community Owner/Provider before requesting a cancellation/refund. In the highly unlikely event The Community Owner/Provider cancels without an option to reschedule, The Community Owner/Provider will initiate a full refund of any cost paid by the member/client at the time The Community Owner/Provider notifies the member/client of the cancellation.
COMPANY OBLIGATIONS
Our goal is to host and facilitate a safe space; however, we are also bound by the law. In the event that any records are subpoenaed, we will comply with the requests. We are not liable, at any time, if information you have posted becomes public record. We will exercise reasonable efforts to protect all confidential content, but we are unable to make any guarantees regarding this confidentiality.
The Community Owner’s/Provider’s sole discretion will be used to determine if a member is in violation of the policies set forth herein. Any member in violation will be deleted promptly and will no longer be able to access any membership areas. No refund will be due to a member who has been removed for a violation of this policy.
The Community Owner/Provider reserves the right to modify this User Agreement at any time. For any questions regarding this User Agreement, please email us at toniahenrydesign@gmail.com
TERMS OF USE
The following terms ("Terms of Use") constitute an agreement between The Community Owner/Provider and you that governs your use of this curriculum and all of its associated services, content, and functionality. This policy applies to all resources administered by The Community Owner/Provider.
USE OF THE CURRICULUM/SERVICES
Unless otherwise stated, The Community Owner/Provider (AKA Tonia Henry) owns the intellectual property and rights to all content and material in the Healthy Boundaries for Cycle-Breakers workbook/study guide and shared by The Community Owner/Provider with members and clients in the online group and Therapeutic Art/Private Coaching sessions. Subject to the license below, all intellectual property rights and copyrighted materials are reserved.
You may view, download, and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
Republication, redistribution, sale, rental, or sub-licensing of any content from the Healthy Boundaries for Cycle-Breakers workbook/study guide;
Reproduction or duplication of any content on Zoom/Google Meet or Stan Store for commercial purposes;
Modification of any content shared by The Community Owner/Provider.
PROHIBITED USES OF THIS PROGRAM
You must not use the online study/sessions in a way that causes, or may cause, damage to Zoom/Google Meet or impair the availability of member access. You must not use the platform to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting without The Community Owner’s/Provider’s express written permission.
You must not use the platform to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments.
You must not use the platform for any third-party marketing without The Community Owner’s/Provider’s express written permission.
You must not use the platform to engage in any behavior that will violate the rights of any third parties.
COPYRIGHT
Unless otherwise noted, the design, content, and all components of Healthy Boundaries for Cycle-Breakers are copyrights owned by The Community Owner/Provider or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
Company's trademarks and trade dress may not be used in connection with any product or service that is not The Community Owner’s/Provider’s in any manner likely to cause confusion among consumers or in any manner that disparages or discredits The Community Owner/Provider or the curriculum.
CONTENT CONTRIBUTED
In limited circumstances, you may contribute content including (but not limited to) comments, posts, or submissions. Any content you contribute including (but not limited to) text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you, The Community Owner/Provider, or a third party.
The Community Owner/Provider reserves the right to edit or remove: (i) any material submitted; (ii) stored; or, (iii) hosted or published. The Community Owner/Provider takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding The Community Owner’s/Provider’s rights under the Terms of Use, The Community Owner/Provider does not undertake to monitor the submission of all content to, or the publication of such content.
GRANT OF RIGHTS
You grant The Community Owner/Provider a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute. This includes but is not limited to text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant The Community Owner/Provider the right to sub-license these rights and the right to bring an action for infringement of these rights.
GENERAL DISCLAIMER
We make no guarantees regarding the results that you will see from using the information provided in the Healthy Boundaries for Cycle-Breakers workbook/study guide and/or the online group and/or the Therapeutic Art/Private Coaching services. The Community Owner/Provider disclaims liability for incidental or consequential damages and assumes or undertakes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the Healthy Boundaries for Cycle-Breakers workbook/study guide and/or online group and/or the Therapeutic Art/Private Coaching services.
FINANCIAL INFORMATION DISCLAIMER
From time to time, The Community Owner/Provider may discuss topics related to finance. This information is not advice and should not be treated as financial advice. The financial information provided is provided "as is" without any representations or warranties, express or implied. The Community Owner/Provider makes no representations or warranties in relation to the financial information discussed.
You must not rely on the information discussed as an alternative to advice from a certified public accountant or licensed financial planner. There is no accountant-client relationship created from the publication of financial information in the group. You should never delay seeking financial advice, disregard financial advice, or discontinue professional financial services as a result of any information discussed.
LEGAL INFORMATION DISCLAIMER
From time to time, The Community Owner/Provider may discuss legal topics, including divorce. This information is not advice and should not be treated as legal advice. The legal information discussed is provided for informational purposes only. The legal information discussed is provided "as is" without any representations or warranties, express or implied.
You must not rely on the legal information discussed as an alternative to advice from your attorney or professional legal services provider. There is no attorney-client relationship created from the publication of legal information in the group. You should never delay seeking legal advice, disregard legal advice, or discontinue legal services as a result of any information discussed.
MEDICAL INFORMATION DISCLAIMER
From time to time, The Community Owner/Provider may discuss topics related to health, mental health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information discussed is provided "as is" without any representations or warranties, express or implied.
You must not rely on the information discussed as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information discussed. All medical information discussed is for informational purposes only.
All information regarding mental health is intended to be used for informational purposes only. Although The Community Owner/Provider may discuss therapeutic and/or mental health issues, The Community Owner/Provider does not provide any type of clinical therapy and/or mental health services.
From time to time, The Community Owner/Provider may discuss topics of a sensitive nature. If you feel triggered by any content, please seek help from a medical professional or mental health professional.
YOUR RESPONSIBILITY IN USING THE INFORMATION DISCUSSED
The Community/Services were developed strictly for educational/informational/personal development purposes only. You understand and agree that you are fully responsible for your use of the information provided and your participation in any/all coaching services, courses, and resources is 100% voluntary. Any/all information is not intended to replace professional counseling/therapy, medical care, legal advice, or other licensed professional services. The Community Owner/Provider makes no representations, warranties, or guarantees. You understand that results may vary from person to person and you are solely responsible for your own decisions, actions, and outcomes. We assume no responsibility for errors or omissions that may be made, or any/all misunderstandings (whether intentional or unintentional) of the material, services, content, and/or discussions.
COMMENT POLICY
The Community Owner/Provider offers the option for you to leave comments on Zoom/Google Meet engaging with other members. The following types of comments will not be tolerated and will be deleted, and your membership may be immediately terminated:
any harassment directed toward any content creator or The Community Owner/Provider;
spam;
hate speech;
defamatory statements regarding The Community Owner/Provider or any third party;
any references to illegal acts; or,
any comments that may violate the legal rights of a third party.
The Community Owner/Provider sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
COMMUNICATION
If you send The Community Owner/Provider an email, register as a member, or provide your email to The Community Owner/Provider in any other way, you consent to receive communications from The Community Owner/Provider electronically. You agree that all legal notices provided via electronic means from The Community Owner/Provider satisfy any requirement for written notice.
THIRD PARTIES
Websites used may contain links to third-party websites that are not governed or controlled by The Community Owner/Provider. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the online group/services. The Community Owner/Provider assumes no control or liability over the content of any third-party sites. You expressly hold The Community Owner/Provider harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered, you expressly hold The Community Owner/Provider harmless from any and all liability in any dispute.
NO WARRANTIES
The online group/services are provided on an "as is" and "as available" basis without any representations or warranties, express or implied. The Community Owner/Provider makes no representations or warranties in relation to the online group/services or the information and materials provided therein.
The Community Owner/Provider makes no guarantee that the Healthy Boundaries for Cycle-Breakers online group and/or Therapeutic Art/Private Coaching services will meet your requirements, will be available uninterrupted, timely and free of viruses or bugs, or represents the full functionality, accuracy, and reliability of the workbook/study guide material. The Community Owner/Provider is not responsible to you for the loss of any content or material uploaded or transmitted during video sessions.
LIMITATION OF LIABILITY
THE COMMUNITY OWNER/PROVIDER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify and hold The Community Owner/Provider, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which The Community Owner/Provider suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Solano County, California. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without The Community Owner’s/Provider’s prior written consent; however, the Terms of Use may be assigned by The Community Owner/Provider in its sole discretion.
The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the online curriculum/services offered by The Community Owner/Provider.
Privacy Policy
This privacy policy ("Privacy Policy") explains how The Community Owner/Provider ("we," "us," and/or "our") collects, uses, and discloses information from individuals ("you" and/or "your") who access and use our online Community/Services or other resources (collectively, the "Community/Services"). Beyond the Privacy Policy, your use of the Community/Services is also subject to our Terms of Service.
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases (for example if we plan to use your information in a way that materially differs from this Privacy Policy), we will provide you with additional notice (such as sending you a notification).
We encourage you to review the Privacy Policy whenever you access the Community/Services or otherwise interact with us to stay informed about our information practices and the choices available to you.
PERSONAL INFORMATION WE COLLECT
(Personal Information You Provide to Us)
Enrollment/registration and profile information. When you enroll/register with us through the Community/Services, we may ask you to provide us with identifiers and contact information such as your name, email address, and any other information you may provide.
Communications. We may also collect identifiers, such as your name, email address, and other information you choose to provide, when you participate in any interactive features of the Community/Services, fill out a form, publish comments, participate in any way, communicate with us via third-party social media sites, request customer support, or otherwise communicate with us.
Messages Between Members. When you communicate with other members through the Community/Services, we and our third-party partners receive the content of the messages you send and receive and information about those messages, such as when it was sent or received.
Content. We may collect other content and information you share through the Community/Services when you submit information or content, such as by commenting or participating during video sessions or when you otherwise interact with the Community/Services.
Payment Information. If you make a purchase, your payment-related information, such as credit card or other financial information, is collected by our third-party payment processor on our behalf.
Personal Information That May Be Collected Automatically Through the Community/Services.
When you access or use the Community/Services or transact business with us, we and our third-party partners may automatically collect information you provide to us, information about how you access and use the Community/Services and information about the device you use to access the Community/Services, including:
Device Identifiers. Identifiers, such as your IP address, internet service provider, the type of mobile device you use, the temporary or persistent unique device identifiers (sometimes called UDID), and identifiers associated with browser cookies, web beacons and similar technologies we deploy on the Community/Services.
Internet or Other Electronic Network Activity Information. We and our third-party partners may collect information about the devices and computers you use to access our Community/Services, such as browser type, language, operating system, the referring web page, pages visited, and hyperlinks clicked. When you use our Community/Services, we may collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Community/Services and other information about your internet activity ("Usage Information"), including the pages you visit, the links you click, the ads you view and click on, videos you watch, purchase information and your checkout process, your location when you access or interact with our Community/Services, and other similar actions. We may also use third-party tools to collect Usage Information you provide to us or information about how you use the Community/Services and may record your mouse movements, scrolling, clicks and keystroke activity and other browsing, search or purchasing behavior. These tools may also record Usage Information you enter when you interact with the Community/Services or engage in chat features through the Community/Services.
Geolocation Information. We may derive the approximate location of your device from your IP address. We may combine this information with other location-based information, such as your billing or postal code. You have the ability to stop the collection of precise location information at any time (see "Your Choices" below for details).
Information From Cookies and Similar Technologies. We and our third-party partners collect information using cookies, pixel tags, or similar technologies. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Community/Services.
Please review your web browser's "Help" file to learn how you may modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Community/Services, you may not be able to utilize the features of the Community/Services to their fullest potential.
Personal Information Collected from Third Parties.
Information from Third-Party Sources. When you interact with our members in the Community/Services, we may collect from them any content or information you choose to share or provide. We may also obtain information about you from other sources, including but not limited to social media platforms, marketing partners, and other third parties. For example, if you connect your social media account or create or log in through a social media site, certain information from your social media account will be shared with us, which may include information that is part of your profile or your friends' profiles.
PERSONAL INFORMATION USAGE
We use the information we collect about you to:
provide, maintain, and improve the Community/Services and to enhance and personalize your experience;
process, complete, and maintain records on transactions;
send you technical notices, updates, security alerts, and support and administrative messages;
respond to your comments, questions, and requests, and to provide customer service;
communicate with you about products, services, offers, promotions, rewards, and events offered by The Community Owner/Provider and others, and provide news and information we think will be of interest to you;
monitor and analyze trends, usage, effectiveness and activities in connection with the Community/Services, including our offers, advertising, communications features, and customer service;
detect, investigate and prevent fraudulent transactions and other illegal activities and protect Community/Services rights;
facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
link or combine with information we get from the Community/Services and from others to help understand your needs and provide you with better service;
maintain appropriate records for internal administrative purposes; and
carry out any other purpose described to you at the time the information was collected or permitted by law.
PERSONAL INFORMATION DISCLOSURE
With Partners and Affiliates. We may disclose any information we receive to our partners, corporate affiliates, parents, or subsidiaries for any purpose described in this Privacy Policy.
With Service Providers and Vendors. We may disclose your information to other vendors, consultants, and service providers retained in connection with the provision of the Community/Services.
With Other Members of the Community/Services. If you provide or share information with other members of the Community/Services, they may use it for their own purposes. If you post information or content, such as by posting photos, commenting on a blog, or participating in the Community/Services, or when you interact with the Community/Services through social media sites, plug-ins or other applications, depending upon your privacy settings, this information may become public on the internet. We cannot prevent further use of this information. You can control what data you share through privacy settings available on some social media sites. Please refer to those third-party sites' privacy policies and terms of use to learn more about their privacy practices, which we do not control.
With Analytics Partners. We may use analytics services to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources.
With Legal and Law Enforcement. We may share information collected about you with law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Community/Services member to legal liability or if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
With Emergency Response Services. In rare circumstances, if we reasonably believe that another member may be at imminent risk of serious physical harm or self-harm, we may access or disclose limited personal information to appropriate emergency response services. We will limit such disclosures to the minimum amount of personal information necessary and use this information solely to protect life or physical safety.
With AI providers or Large Language Models (LLMs). We may use certain AI-powered features to help us operate this community. We may process your personal data to generate responses and enhance your experience. However, we will never use your personal data to train, fine-tune, or improve any external AI models. All data processed by AI models is handled securely and no information is stored, retained, or logged by the AI model provider.
With your Consent. Where applicable, we may share your information with your consent or at your specific direction.
In Connection with a Change of Control. We may transfer or disclose your information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company.
CHILDREN’S PRIVACY
The Community/Services are not intended for individuals under the age of 18. No one under the age of 18 is authorized to provide any personal information through the Community/Services. We do not knowingly collect personal information from the Community/Services from members in this age group. If we learn that we have collected or received personal information from a child under the age of 18, we will take reasonable steps to delete that information. If you believe we might have any information from or about a child under 18, please contact us at the email address below.
SOCIAL SHARING FEATURES
The Community/Services may offer social sharing features and other integrated tools, which let you share actions you take on the Community/Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
THIRD-PARTIES
The Community/Services may contain links to other websites, including our affiliated or co-branded websites and communities. Other websites and communities may also reference or link to the Community/Services. These other websites and communities may not be controlled by us. We encourage our members to read the privacy policies of every website, community, or mobile application that collects personal information. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of other websites, communities, or mobile applications. Visiting these other websites is at your own risk.
SECURITY
We make reasonable efforts to protect your information by using security measures designed to safeguard the information we maintain. However, because no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your information.
TRANSFER OF INFORMATION FROM THE U.S. TO OTHER COUNTRIES
The Community/Services are hosted in the United States and intended for visitors located within the U.S. If you choose to use the Community/Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the U.S. for storage and processing. We may also transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Community/Services. By providing any information, including personal information, on or to the Community/Services, you consent to such transfer, storage, and processing.
YOUR CHOICES
Location Information. If you initially consent to our collection of this location information through the Community/Services, you can subsequently stop the collection of this information at any time through your device's operating system settings. If you do so, certain features may no longer function properly.
Marketing Communications. You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us.
Mobile Push Notifications/Alerts. With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Do Not Track. There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.
CONTACT US
If you have any questions, comments or concerns about our Privacy Policy, you may email us at toniahenrydesign@gmail.com
