These Terms and Conditions (“Terms & Conditions”) will apply to the use of the following products and services (collectively, the “Services”): (i) this website (https://ciarastockeland.com/) (as updated and modified, the “Website”); (ii) any software applications made available by us for use on or through computer and mobile devices; (iii) any educational programs, classes, courses, workshops, worksheets, training materials, guidebooks and other similar related content and materials that we provide (collectively, and as updated and modified, each a “Program”); (iv) any other digital communications or content that we may publish that link to these Terms & Conditions, including any content or advertisements that we may place on third-party websites (e.g., Facebook); (v) any new features, updates or modifications of any of the foregoing; and (vi) any other services that we may provide you in connection with any of the foregoing, including your participation in any of our membership programs. The Services are managed by BellHarr, LLC (“we” and “us”).
YOUR ACCESS OR USE OF ANY PORTION OF THE SERVICES CONSTITUTES YOUR UNCONDITIONAL CONSENT TO FOLLOW AND BE BOUND BY THE TERMS & CONDITIONS AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY US. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS & CONDITIONS, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SERVICES.
All references to “you” or “your” in these Terms & Conditions mean the person who accesses or uses the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms & Conditions.
These Terms & Conditions will describe a number of important provisions in greater detail below, but before we get started, we want you to understand that these Terms & Conditions:
- Describe the rules that everyone must follow to use the Services
- Outline the terms that will apply to any dispute between you and us, including a class action waiver, limitation on damages, and an agreement by you to arbitrate all disputes
USE OF SERVICES
The Services and their contents are intended solely for your own individual use. In addition, you agree not to: (a) use or access the Services for any purpose that is unlawful or prohibited by these Terms & Conditions; (b) use or access the Services in a manner that could damage, disable, overburden, or impair any servers or the networks connected to any servers; (c) interfere with any third party’s use and enjoyment of the Services; or (d) attempt to gain unauthorized access to accounts, computer systems or networks connected to any of our servers through hacking, password mining or any other means.
You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Services.
The Services may direct you to third party websites, software, tools or applications. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party websites, software, tools or applications, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites, software, tools or applications accessible from the Services. Please review carefully the third-party’s privacy policies and terms and conditions and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
CLASSES, COURSES, EVENTS AND PROGRAMS
The Services may allow you to purchase the ability to participate and attend certain Programs offered by us. Each Program will be subject to all prices, restrictions and inclusions specified on the Services at the time you purchase it, but if there is a conflict between any of that information and the information provided in these Terms & Conditions, these Terms & Conditions will govern. Unless otherwise indicated on the Services when you purchase the Program, all payments for Programs are non-refundable and non-transferrable to any other person. Some Programs may also require you to take other intermediate steps to attend and complete the Program, such as utilizing other third-party websites (e.g., Facebook, Kajabi).
BOUTIQUE WORKSHOP MEMBERSHIP
Certain Services, such as the Boutique Workshop Membership, may be offered as a monthly subscription Program that provides members with access to certain membership-only Programs and other products and services, such as participation in a private Facebook group, coaching calls, whiteboard sessions and access to a library of tutorials and tools (a “Membership”).
Your Membership will continue month-to-month and will automatically renew unless and until you cancel your Membership or we terminate it. You must provide us, or our designated third-party, a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Membership. We will bill the monthly membership fee at the then-current rate to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers. We reserve the right to adjust pricing for the Membership or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms & Conditions, any price changes applicable to you will take effect on the next billing period following our email notice to you of the price change.
The membership fee for the Membership will be billed at the beginning of the paying portion of your Membership and each month thereafter unless and until you cancel your membership in the manner described below. We automatically bill your Payment Method each month on or about the calendar day corresponding to the commencement of your Membership. PAYMENTS FOR YOUR MEMBERSHIP ARE FULLY EARNED AND NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS OR UNUSED CONTENT. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your Membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Membership on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership.
We may offer a number of Membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms & Conditions will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered Membership plans.
You may cancel your Membership at any time. To cancel, please email email@example.com with your intent to cancel. Following any cancellation, however, you will continue to have access to the materials provided via the Membership through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our participants in the Membership (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
You acknowledge that, any communication, advice, comments or other correspondence from, or authored by, any third-party, including fellow subscribers to the Boutique Workshop Membership Program, are not endorsed by, or representative or on behalf of, us or our affiliates or our or their owners, agents, employees or representatives. We do not make any guarantees to the accuracy, completeness or timeliness of any third-party content.
PASSWORDS AND ACCOUNTS
Use of certain features of the Services might be limited and/or require registration. Should registration be required for the use of such features, we will review and determine, in our sole discretion, whether to accept your registration. We will have the right, in our sole discretion, to refuse or restrict anyone from access to the Services at any time and for any reason. Upon your registration, you may select your user ID and password (a “Digital Account”) for access to and use of the applicable portion of the Digital Services. When registering for your Digital Account, you must provide accurate and complete information.
You will be exclusively responsible for: (i) maintaining the confidentiality and security of your password(s), including properly logging out of the Digital Account when you are finished using it; (ii) immediately notifying us of any loss or any unauthorized use of your password(s) or Digital Account(s) or any other breach of security that you know or suspect; and (iii) requesting, disclosing and using the passwords solely as required to use the Services in accordance with these Terms & Conditions. You further agree that we are not responsible for your failure to comply with these requirements or any loss or damage arising out of, or related to, your use of your Digital Account by you or anyone other than us.
As a condition of your right to use the Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Services under the laws of the United States or any other country. You represent and warrant that any information you post or provide to us by means of the Services, including as part of any enrollment or application form or to gain access to the Services, is truthful, accurate, not misleading and offered in good faith.
Modifications and Interruptions to Services
We reserve the right to modify or discontinue all or any portion of the Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to the Services, or that operation of the Services will be error free. You understand that usage of the Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Termination of Access
We will have the right to terminate your access to and use of the Services immediately if we believe that your conduct fails to conform with the Terms & Conditions, or for any other reasonable reason, in our sole discretion. We also reserve the right to investigate suspected violations of the Terms & Conditions, including any violation arising from any submission, posting or e-mail you make or send to the Services. Upon notification to you that your access to the Services is terminated, you agree that you will immediately discontinue use of the Services.
Intellectual Property Rights
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services (including any Programs and the materials related thereto) are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us or by third parties who have licensed their materials to us and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on the Services are the exclusive property of ours and are protected by U.S. and international copyright laws. No material from any portion of the Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. The use of any tools, programs, robotic algorithms or products to automatically download or “spider” the Services or any of the pages of the Services infringes on our copyrights. Do not use any such tools or products on or in connection with the Services.
You will not adopt or use any names, slogans, trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search descriptions or the like that are the same as or confusingly similar to the trademarks, trade names, logos, color schemes, service marks, slogans, and similar means of identifying products or services displayed on any of the Services (collectively, the “Marks”). Without our prior written consent, you will not submit or maintain any information submitted to search engines which incorporates any content from the Services, the Marks, our copyrighted materials or any marks that are confusingly similar to the Marks. You acknowledge that you do not acquire any ownership or license rights by virtue of downloading the Marks or copyrighted material from the Services. All rights not expressly granted under these Terms & Conditions are expressly reserved to us.
Changes to Terms & Conditions
We reserve the right to change, modify, amend and/or update the Terms & Conditions at any time with or without prior notice to you. Your use of the Services following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by the Terms & Conditions as so changed, modified, amended and/or updated. You are responsible for reviewing the Terms & Conditions each time you use or access any portion of the Services.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WE NOR any of our AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION INCLUDED ON THE WEBSITE. WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. NEITHER WE NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. NEITHER WE NOR OUR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SERVICES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE IS AT YOUR SOLE RISK.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND ALL OF OUR AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THE SERVICES AND/OR (II) YOUR BREACH OF ANY OF THE PROVISIONS OF THE TERMS & CONDITIONS.
SUBMISSIONS, POSTINGS AND OTHER COMMUNICATIONS
All remarks, suggestions, ideas, graphics, or other information communicated by you through the Services in any way (collectively, the “Submission(s)”) will forever be the property of us and you waive all of your rights therein provided that you will continue to be responsible for the content of any Submission(s) including, without limitation, any indemnification obligations related to such Submission(s). We will not be required to treat any Submission(s) as confidential (unless required by law) and will not incur any liability as a result of any similarities that may appear in future operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission(s) of every kind and nature everywhere and will be entitled to use the Submission(s) for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission(s). We retain the right to review, edit or delete from the Services any Submission(s) which we in our sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate.
You agree that you will not use any of the Services to transmit or make available any content that:
- violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, sexual orientation, or is otherwise tortious or objectionable;
- infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
- contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual;
- you know or have reason to know is false, misleading, or fraudulent;
- you do not have a right to make available under any law or under contractual or fiduciary relationships;
- employs any techniques to disguise the origin of the content submitted;
- contains any unsolicited or unauthorized advertising or promotional materials;
- incorporates within it any software viruses or any other malicious code; or
- contains links to any websites containing content violating any of the foregoing requirements, the law, or other provisions of the Terms & Conditions.
You further agree not to use the Services to:
- engage in any conduct which might be harmful to any individual;
- impersonate or misrepresent your affiliation with any person or entity;
- engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity; or
- engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Without limiting any of the other disclaimers found in these Terms & Conditions in any way, you expressly agree that we are not responsible for, and have made no representations or warranties of any kind about, any Submissions to, on or through the Services.
EMAIL AND OTHER COMMUNICATIONS
In connection with your use of the Services, you consent to us recording any communication, electronic or otherwise, between you and us and retaining any information and data you submit while using the Services. In using the Services, you may be permitted to communicate electronically with us by sending email; however, you acknowledge and agree that only general information or inquiries may be submitted to us via email and any other submissions or communications on or through the Services may be submitted only in accordance with the express instructions set forth on the Services for such submissions or communications. Please do not send any time-sensitive communications via email as we are not responsible for responding to any such communications.
We may seek to gather information from you if you are suspected of violating the Terms & Conditions, or for any other reason. If we and believe, in our sole discretion, that a violation of the Terms & Conditions has occurred, we may edit or modify any Submission(s), posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and Digital Accounts, terminate accounts or take other corrective action we deem appropriate. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any emails or publishing or otherwise making available any materials that are believed to violate the Terms & Conditions. YOU WAIVE AND HOLD US AND OUR AFFILIATES HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR OUR AFFILIATES DURING OR AS A RESULT OF OUR OR THEIR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find content posted on one of the Services which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact us at firstname.lastname@example.org. In accordance with the Digital Millennium Copyright Act (“DMCA”), it is our policy to terminate use of the Services by repeat infringers.
If you access the Services on mobile devices, or if you request that we send you text messages regarding availability of Services or otherwise, you understand that your mobile carrier’s standard charges will apply. You will only receive text message alerts from the Services if you request them or otherwise expressly agree to receive them. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier, and we recommend that you review your wireless plan for details. We will not be responsible for any text messaging or other charges incurred by you or by a person that has access to your wireless device or telephone number as a result of any text messages you receive based on requests from your device or account.
SOLELY INTENDED FOR UNITED STATES USERS
Unless otherwise explicitly specified on the Services, the information on all of the Services is intended solely for use and access by persons residing in the United States. We control and operate the Services from offices located in the United States and make no representations or warranties that the information, products or services contained on the Services are appropriate for use or access in other locations. Anyone using or accessing any of the Services from other locations does so on his or her own initiative and is responsible for compliance with local United States laws, if applicable. If, however, you are located in another country, you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any issue with the Services, we encourage you to reach out to us (see “Contacting Us” below). If the issue persists, we want you to fully understand your options and obligations.
CLASS ACTION WAIVER
ALL PROCEEDINGS will be conducted on an individual basis and anY proceeding between any BELLHARR parties AND YOU MAY NOT BE (i) conducted on a class-wide basis, (ii) commenced, conducted or consolidated with any other arbitration proceeding, (iii) joined with any separate claim of an unaffiliated third-party, or (iv) brought on your behalf by any association or agent. Notwithstanding the foregoing, if any court or arbitrator determines that all or any part of the preceding sentence is unenforceable with respect to a dispute, controversy or claim that otherwise would be subject to arbitration as described above, then all parties agree that this arbitration clause shall not apply to that dispute, controversy or claim and that such dispute, controversy or claim shall be resolved in a judicial proceeding subject to the same.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF US OR ANY OF OUR AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL WE AND ALL OF OUR AFFILIATES COLLECTIVELY BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THE TERMS & CONDITIONS AND/OR THE SERVICES. ANY CLAIM YOU MAY HAVE WITH RESPECT TO THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You irrevocably waive trial by jury in any action or proceeding.
ALL MATTERS RELATING TO ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. §§ 1 ET SEQ.). EXCEPT TO THE EXTENT GOVERNED BY THE FEDERAL ARBITRATION ACT, THE UNITED STATES TRADEMARK ACT OF 1946 (LANHAM ACT, 15 U.S.C. SECTIONS 1051 ET SEQ.), OR OTHER FEDERAL LAW, THESE TERMS & CONDITIONS, AND ALL CLAIMS ARISING FROM THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH DAKOTA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES.
Nothing in these Terms & Conditions, including your agreement to arbitrate, bars the BellHarr Parties’ right to obtain specific performance and injunctive relief against any threatened or actual conduct that will cause any BellHarr Parties loss or damage, under customary equity rules, including applicable rules for obtaining restraining orders and temporary or preliminary injunctions. You agree that the BellHarr Parties may seek such relief from any court of competent jurisdiction in addition to such further or other relief as may be available to us at law or in equity. You agree that we will not be required to post a bond to obtain injunctive relief and that your only remedy if an injunction is entered against you will be the dissolution of that injunction, if warranted, upon due hearing (all claims for damages by injunction being hereby expressly waived).
If you have questions or concerns regarding these Terms & Conditions or your rights and obligations relating to the Services, please send an email to email@example.com.