Terms & Conditions
COMPANY'S [ A CONSCIOUS MOTHERHOOD LLC ] SERVICES
Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services related to education, seminar, consulting, coaching, and/or business coaching (the "Program"). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. Parties agree that the Program is in the nature of coaching and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company's website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.
Client agrees to compensate Company according to the payment schedule set forth on Company's website, or via email, or Payment Schedule and the payment plan selected by Client (the "Fee") or otherwise noted in this agreement. Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client.
Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels attendance of the Program for any reason whatsoever, Client will receive no refund.Chargebacks and Payment SecurityTo the extent that Client provides Company with credit card(s) information for payment on Client's account, Company shall be authorized to charge Client's credit card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any charge backs to Company's account or cancel the credit card that is provided as security without Company's prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
NO RESALE OF SERVICES PERMITTED
Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferable or assignable without the Company's prior written consent.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company's copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company's intellectual property for Client's business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company's copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company's materials is granted or implied.
LIMITATION OF LIABILITY
By using Company's services and enrolling in the Program, Client releases Company, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. Regardless of the previous paragraph, if Company is found to be liable, Company's liability to Client or to any third party is limited to the lesser of: (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $1000. All claims against Company must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company's services or enrollment in the Program. Client agrees that use of Company's services is at Client's own risk.
DISCLAIMER OF GUARANTEE
Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. The client agrees and accepts that the Company cannot and does not guarantee your success, income level, or ability to earn revenue. Client accepts and agrees that she/he is the one vital element to the Program's success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client's requirements or that all clients will achieve the same results.
To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Course Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
USE OF COURSE MATERIALS
Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
NO SUBSTITUTE FOR MEDICAL TREATMENT
Client agrees to be mindful of his/her own well-being during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company's services.
The term "Confidential Information" shall mean information which is not generally known to the public relating to the Client's business or personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client's Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
Client shall defend, indemnify, and hold harmless Company, Company's shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company's shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company's representatives, or employees, the provisions in this Agreement shall be controlling.
CHOICE OF LAW/VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of Washington, King County, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
Upon execution by clicking "I agree," or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.
IN SHORT, PLAY NICE.
A Conscious Motherhood LLC
DATA WE COLLECT AND HOW WE USE IT
We collect the personal information you voluntarily provide to us, which includes your name and email address, in order to subscribe to our newsletter, receive our content, comment on our blog, and/or purchase services or online products. There is also other personal data we may collect detailed herein.
We collect data from you directly when you fill out a form, purchase a product, or communicate with us via email or social media. We also collect data from you when you use our Website. We may collect personal data from third parties such as our payment processors, advertising networks, and/or analytics providers. Your data is stored in a secure platform. We use your personal data for processing as outlined below or a reasonably compatible purpose.
Usage Data. We may process data about your use of our Website and services. This may include your IP address, browser type, operating system, geographical location, page views, website navigation paths, and frequency and/or pattern of your use of our website. This data is collected through our analytics tracking systems, including google analytics. This data is used to analyze the use of our Website, to deliver relevant content and advertising, and understand our users. The legal basis for processing is our legitimate interest, namely monitoring and improving our website, marketing, and services.
Customer Data. We may process user data, such as name, email address, address, telephone, credit-card number, and other relevant data as related to purchases of our products and/or services. We process this data to supply products and/or services to you, as well as to market other relevant goods and services to you. The legal basis for processing is consent and your affirmative action to enter into such contract with us and/or the purchase and delivery of the contract between you and us.
User Data. We may process personal information you provide us for the purpose of subscribing to our email notifications, free content, and/or newsletters, as well as communication data that you send to us either through email, social media, or other posting and/or communication methods. We process this data for the purposes of communicating with you, to deliver relevant website content, and for the purposes of sending you marketing, content and/or emails. The legal basis for this process is consent or our legitimate interests, which is to grow our business and keep records which may be needed to pursue or defend a legal action.
MARKETING AND ADVERTISING
The above Data may be used to send you marketing communications about our business or products. The legal basis for this type of processing is either consent or our legitimate interests in growing our business. We may send you such communications if you requested it and/or if you agreed to receive such communications. You may opt-out of such communications at any time through the ‘unsubscribe’ button in each email or contacting us at email@example.com.
Any of the above Data may be used to deliver advertisements to you, including Facebook Ads, Instagram, and/or other similar advertisements. We may also use such Data to understand the effectiveness of our advertising. The legal basis for this type of processing is our legitimate interest to grow our business through marketing and advertising.
SHARING YOUR PERSONAL DATA
We do share your information with trusted third parties who provide support in running this Website including any blog or newsletter, as well as those parties and services that help administer our business. Your data will never be shared with unrelated third parties. We may disclose your information to payment service providers, administrative and marketing providers, business advisors, or third parties if we sell or transfer parts of our Company. Third parties we share your data with will keep it secure and respect your privacy under the law and we take steps to ensure they companies we work with also comply with the GDPR.
THIRD PARTY LINKS
DATA SECURITY AND BREACH RESPONSE
We do our best to protect your information for any unauthorized access, misuse, or disclosure. We may allow access to your personal data to our employees, contractors, and service providers that need to know such data to perform necessary business services. Personal data will be kept confidential and employees and/or contractors will only have access to it when necessary.
Should there be a potential breach of personal data, we have procedures in place to respond. The breach will be identified, the scope will be determined, and we will make reports and/or notification if we are legally required to do so.
You acknowledge that the personal information you voluntarily share could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner. You agree to notify us for any breach of security or unauthorized use of your information.
DATA RETENTION AND DESTRUCTION
Personal data that we process for any purpose shall not be kept for longer than is necessary to fulfill its collection purpose or to satisfy a legal or accounting purpose. In some cases, your data may be anonymized for research purposes and used indefinitely. If your data no longer meets any of the above criteria, personal data will be deleted or otherwise disposed of in a safe and secure manner.
Your data may be transferred to other countries and by using the Website, you consent to the transfer of information to countries outside your country of residence. If you are located in the European Union, we may store and share your personal data with companies located outside of the European Economic Area. We will always do our best to ensure security of your data. We aim to use US-based providers that are part of the EU-US Privacy Shield. You may always request information on how and where your data is processed and stored.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE
We do not knowingly collect or solicit data online from or market online to children under the age of 13 in compliance with the Children’s Online Privacy Protection Act (COPPA).
CHANGES TO THIS POLICY
Your rights under data protection laws include the right to access, erase, correct, restrict, and/or object to our use and processing of your personal data, as well as the right to portability of the data. You have the right to confirmation as to how and where we process your data. To the extent that the legal basis for our processing consent, you have the right to withdraw at any time. If you consider our processing to infringe data protection laws, you have the right to lodge a complaint with a supervisory authority.
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A Conscious Motherhood LLC