Terms of use

 

Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services.

Our Programs, Products, and Services are owned and operated by Chloë Forbes-Kindlen (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services.

These Terms of Use (“Terms of Use”) state how you may use our Programs, Products and Services and Program Materials, and their content. Please read these Terms of Use carefully.  We reserve the right to change these Terms of Use from time to time.

By using any of our Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Programs, Products and Services.

 

 

Acceptance of Terms

By accessing, downloading, installing, or using our products and/or services, you agree to abide by these Terms of Use as well as our DisclaimerTerms and Conditions and Privacy Policy and any other terms and conditions that may apply, and are you are required to act in accordance with them.

Accessing, purchasing or using our Programs, Products, Services or Program Materials, in any manner constitutes use of the Program, Products, Services and Program Materials, and your agreement to be bound by these Terms of Use.

 

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.

 

Changes To the Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

Privacy

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

 

Age Restrictions

All of our Programs, Products, Services and Program Materials are intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to any Program, Product, Service or Program Materials by anyone under age 13 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Programs, Products, or Services or our Program Materials, you represent and warrant that you are at least 13 years old.

 

Disclaimer

Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

 

Accessing The Website And Account Security

 

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Disclaimer

Our Software, Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.

 

Medical Disclaimer

 

Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.  We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

 

Legal and Financial Disclaimer

 

Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.

 

Earnings Disclaimer

You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

 

Warranties Disclaimer

The company makes no warranties regarding the performance or operation of this website. The company further makes no representation or warranties of any kind express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, the company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

 

Technology Disclaimer

We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.

 

Errors and Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

 

Links to Other Websites

We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services or Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Programs, Products, Services or Program Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

 

By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to the Companies full disclaimer. 

 

Intellectual Property Rights

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.

 

Our Limited License to You

 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.

This means that when you purchase a Program, Product or Service from our Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these Terms of Use.

As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

You are permitted to use our Programs, Products, Services and Program Materials as follows:

You may download and/or print Program Materials for your own personal use in your business. However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own business use.  

Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

 

All rights not expressly granted in these terms or any express written license, are reserved by us.

 

Information You Are Prohibited from Sharing with Others

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.

The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

 

When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:

  • You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.  

 

  • You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.

 

  • You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.

 

  • You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.

 

  • You will not violate our intellectual property rights, including copyright and trademark rights.Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.

 

  • You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.  

 

  • You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.

 

  • You may not engage in improper and/or unauthorised use of our Program Materials or any other information related to our Programs, Products, or Services. Unless otherwise explicitly authorised in these Terms of Use, improper and/or unauthorised use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through our Programs, Products or Services or any other communications provided by us to you promoting or relating to the Programs, Products or Services.

 

Limitations on Linking and Framing

You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
 

You understand and agree that engaging in the prohibited use or the improper and/or unauthorised use of our Programs, Products or Services or Program Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.

You agree and understand that prohibited use, improper and/or unauthorised use may give rise to a civil claim for damages and/or be a criminal offence.

 

 

Your License To Us

By posting or submitting any material on or through our Programs, Products, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 13 years old.

When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Program Materials at any time for any reason whatsoever. 

 

Media Release

By participating in our Programs, Products and Services, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness.

At our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.  

 

Content Permission Request

 

Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to chloeforbeskindlen@gmail.com.

We very clearly state that you may not use our Programs, Products, Services or Program Materials, in whole or in part, in any way that is contrary to these Terms of Use unless we have given you specific written permission to do so.

If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.

If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Programs, Products, Services or Program Materials.

 

Security

 

When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).

By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information.  We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both online and offline.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

 

Personal Responsibility and Assumption of Risk

As a Licensee, you agree that you are using your own judgment in using our Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. Our Programs, Products, Services and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Products, Services and Program Materials. Our Programs, Products, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Products, Services and Program Materials.

We take every precaution to protect our Programs, Products, Services and Program Materials. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Programs, Products, Services and Program Materials or the contributions or information transmitted to us on or through our Website or our Programs, Products, Services and Program Materials. Submitting contributions or information on our through our Programs, Products, Services and Program Materials is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Programs, Products, Services and Program Materials and you agree that you are assuming such risks.

 

 

 

Indemnification, Limitation of Liability and Release of Claims

 

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

 

Limitation of Liability

You agree to absolve the company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. 

We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Software, Programs, Products, Services or Program Materials. The information, Software, Products, Services and Programs included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The company and/or its suppliers may make improvements and/or changes in the website at any time.

The company and/or its suppliers  make no representations about the suitability, reliability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. 

To the maximum extent permitted by applicable law, all such information, Software, Products, Services, Programs, Program Materials and related graphics are provided 'as it' without warranty or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, Software, Products, Services, Programs, Program Materials and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. 

 

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected to the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, Software, Products, Services, Programs, Program Materials and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages. 

 

Arbitration

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Scotland. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

 

Release of Claims

 

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.  


Your Conduct

 

You are agreeing that you will not use our Programs, Products, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

You must use the Programs, Products, Services or Program Materials for lawful purposes only.  You agree that you will not use our Programs, Products, Services or Program Materials in any of the following ways:

  • For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
  • To send, negatively impact, or infect our Programs, Products, Services or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
  • To cause annoyance, inconvenience or needless anxiety
  • To impersonate any third party or otherwise mislead as to the origin of your contributions
  • To reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms of Use or any other agreement with us.

 

No Joint Venture Or Other Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

 

Purchases and Online Commerce

 

Use Of Free Downloadable Content

 

The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

By downloading the Freemium Content, you agree that the Fremium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

 

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

 

Use of Paid Products, Services, Programs and Associated Materials

 

If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.  

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.  

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Software, Programs, Program Materials, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Program Materials, Products and/or Services.


All information obtained during your purchase or transaction for our Software Programs, Program Materials Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. 

 

Chargeback

The Refund Policy in these Terms of Use are agreed by you to prior to completing the purchase of any Software, Programs, Program Materials, Products, or Services. The Company does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company.

In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

 

Warranties

The company makes no warranties regarding the performance or operation of this website. The company further makes no representation or warranties of any kind express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, the company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

 

Refund Policy

Due to the extensive time, effort, preparation and care that goes into creating and/or providing our Software, Programs, Products, Services and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Software, Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.

 

Termination of Contract

 

You have the right to terminate your use of or participation in our Software, Programs, Products or Services at any time by sending an e-mail to chloeforbeskindlen@gmail.com.

We reserve the right in our sole discretion to refuse or terminate your access to our Software Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product or Service.

In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.

All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.

 

Viewing by Others

When you make your Confidential Information or Other Information available for viewing by others such as through Company Software, Programs, Products, Services, or Program Materials, our Website or Social Media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

 

Passwords

To use certain features of our Software, Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing.

You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. 

You are not permitted to share your username and/or password with anyone. If  the Company learns you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Product, Service, Program Materials, Website, private forum, Facebook group or any other related communication.

It is your responsibility to protect your own password from disclosure to others. The Company cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. 

You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. 

You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. 

By using the Company's Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account.

The Company will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

 

 

 

Entire Agreement

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

 

Contact

If you have any questions about any term of these Terms of Use, please contact us at chloeforbeskindlen@gmail.com.

Thank you.