Website Terms & Conditions (“Terms of Use”)
INTRODUCTION
Ina Lukas and Heart Centered Social, LLC (the “COMPANY”) welcomes you to www.TheLiberatedChild.com (the “Website”), and any other websites operated by the Company.
BY VISITING THE WEBSITE, YOU ARE CONSENTING TO THE FOLLOWING TERMS OF USE. THERE ARE PROVISIONS BELOW CONSTITUTING A WAIVER OF CERTAIN LEGAL RIGHTS. PLEASE READ ALL INFORMATION CAREFULLY.
In these terms and conditions, “We/us/our/[d/b/a]” means Ina Lukas and Heart Centered Social, LLC. The “Website” means the website located at www.TheLiberatedChild.com (or any subsequent URL which may replace it) and all associated websites and micro sites of Ina Lukas and Heart Centered Social, LLC. “You/your” means you as a user of the Website.
These Terms & Conditions, together with the Privacy Policy found on the Website, constitute an Agreement. If you do not agree to any of the terms contained herein, then please do not use or access the Website.
ACCESS TO CONTENT
Any user who voluntarily signs up for more information or who purchases a product, service or program through the Website, is agreeing to both the terms of this Agreement and the accompanying Terms and Conditions of Purchase where applicable with respect to such product, service or program.
Visitors are those who visit the Website but do not register with us. No login or personal information is required of our Visitors, who can view all publicly available Website content.
Registered Users can access all publicly available content on the Website, and upon registration for an e-newsletter, product, service or program, may also gain access to exclusive Website content. The Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, the Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use, or the Terms of Use for any particular service, product or program.
INTELLECTUAL PROPERTY / RESTRICTIONS ON USE
The Website contains text, graphics, logos, images, coursework, software, video or audio files, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Content includes the specific arrangement, or design, of all Content. The Company retains all right, title and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You agree not to duplicate, imitate, copy, reproduce, transmit, publish, display, distribute, sell, transfer, assign, license, sublicense, publicly perform, commercially exploit or create derivative works of such material and content, nor to help or assist third parties in doing the same. You are also prohibited from posting any portion of the Content in either print or digital format, included on any other website, social media page, or in a networked computer environment for any purpose. The Content may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or disparages or discredits anyone.
You agree not to use the Website in a way that may cause interruption, or damage, or impact its efficiency or functionality. You agree not to attempt any unauthorized access to any page or portion of the Website. You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations.
In the event that you have any right, claim or action against any User arising out of that User’s use of the Website, you agree to pursue such right, claim or action independently of and without recourse to us.
SUBMISSIONS & USER-GENERATED CONTENT LICENSE
There may be portions of the Website that allow for the posting of reviews, comments, photographs or other content (“User-Generated Content”). You may submit such content via the Website so long as it is not threatening, objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of privacy or intellectual property rights, or otherwise injurious to us or third parties. Any content you submit will not be subject to any expectation of privacy, trust, or confidence between us and no confidential, fiduciary or other relationship is intended or created between you and us. You agree that we shall have unrestricted rights to use the Content for any and all purposes whatsoever, commercial or otherwise, without any further permission from or any payment to you or anyone else. This includes rights to use the name that you submit, along with any other name by which you are known, in connection with the User-Generated Content.
You are responsible for any and all content that you upload, submit, post, email or otherwise transmit via the Website(s). By submitting any User-Generated Content, you represent that you own, have full rights to or otherwise control the information that you submit or send to us, that such submission is accurate and truthful and does not violate any terms of this Agreement (including the terms of our Privacy Policy). You agree to indemnify us, our affiliates and representatives from and against any and all losses, liabilities, claims, or damages suffered or incurred by us arising out of or relating to your content. We have the right, but not the obligation, to review and remove any activity or content involving you or your account. We assume no responsibility and have no liability for any User Generated Content created or posted by you or anyone else.
Each time that you access the Website or create or submit User-Generated Content, you agree to, ratify and confirm the terms of the then-existing User-Generated Content License for that submission and all previous submissions by you to us.
CONTENT LINKED TO THE WEBSITE
You assume all of the risk, responsibilities and consequences resulting from your use of or access to third-party websites. You agree that we are not responsible for the content, availability of, or offerings on any third-party websites, and will not be liable, directly or indirectly for any damages, losses or claims related to your use, access of, or reliance on the content, goods or services available on other sites, including those of affiliates, joint-venture partners, or others to whom we might provide links from time to time.
CHANGES TO THE WEBSITE
We reserve the right to alter or remove, temporarily or permanently, the Website (or any part of it) without providing notice. You agree that we shall not be liable to you or any third party for any changes to or removal of the Website. We will not be liable to you, nor will you be entitled to compensation because you cannot use any part of the Website or because of a failure, suspension or removal of all or any portion of the Website.
We may modify these terms and conditions at any time, and your use of the Website (or any part of it), following such change shall constitute your acceptance of the modified terms and conditions. It is your responsibility to regularly review the Terms of Use to remain updated on any changes. If at any point you do not agree to any portion of the Terms of Use, then you must stop accessing the Website and terminate your use and account, if applicable, immediately.
INDEMNIFICATION
You agree to fully indemnify, defend and hold us (including our agents, representatives, and assigns, collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses, including, without limitation settlement costs and attorney’s fees or other expenses, incurred by us and arising out of, or in connection with or related to any breach of these terms and conditions, or any use by you of the Website or Services, or the use by any other person accessing the Website using your password, personal computer or other electronic device, or internet access account. You shall cooperate with us in the defense of any claim including provide us with assistance, without charge, in connection with any such defense, including, without limitation, providing us with information, documents, records, and reasonable access to you as we may request. We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third party claim or waive any defense without our prior written consent.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY CONTENT HEREIN IS AT YOUR OWN RISK.
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS.” WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE.
THE WEBSITE AND ANY INFORMATION CONTAINED HEREIN ARE NOT SUBSTITUTES FOR PROFESSIONAL OR MEDICAL ADVICE OR TREATMENT. YOU ARE SOLELY RESPONSIBLE FOR ANY OUTCOME OR ACTION FOLLOWING THE USE OR IMPLEMENTATION OF ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR SEEKING AND FOLLOWING THE ADVICE OF PROFESSIONALS FOR SPECIFIC CONCERNS, QUESTIONS OR SITUATIONS REQUIRING PROFESSIONAL OR MEDICAL ADVICE. YOU SHOULD NEVER DISREGARD THE ADVICE OF A PROFESSIONAL OR SPECIALIST, SUCH AS A LICENSED PHYSICIAN, PSYCHOLOGIST, OR OTHER HEALTH PROFESSIONAL OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU HEREBY RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED ABOVE) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTIONS, KNOWN OR UNKNOWN, AND YOU AGREE TO VOLUNTARILY GIVE UP AND FOREVER WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE SUFFERED, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM YOUR USE OF OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS HEREIN; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL LIABILITY FOR ANY CAUSE, LOSS, OR DAMAGE WHATSOEVER THAT YOU MAY INCUR INCLUDING ATTORNEY FEES ANC COSTS, AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU FOR SERVICES OR INFORMATION CONTAINED ON THE WEBSITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER INCURRED OR SUFFERED BY YOU OR ANY THIRD PARTY RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, NATURAL DISASTERS, CIVIL DISORDER, ELECTRONIC OR TECHNICAL FAILURES, POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, OR LABOR OR MATERIAL SHORTAGES, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. WE SHALL NOT BE RESPONSIBLE FOR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE DURING YOUR USE OF TRANSACTIONS THROUGH THE WEBSITE.
THIS DISCLAIMER, AND THE LIMITATIONS AND EXCLUSIONS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WHERE CERTAIN STATE LAWS DO NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
COMPLIANCE WITH APPLICABLE LAW
The Website is based in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction.
CONTROLLING LAW
This Agreement and any action related thereto will be governed by the laws of the State of CALIFORNIA.
CALIFORNIA CONSUMER RIGHTS NOTICE
California users of the Website are entitled to the following information pursuant to California Civil Code Section 1789.3:
For any questions or complaints about the Company, our products, services or the Website, please contact us via e-mail at Support (at) theliberatedchild (dot) com. The Company is engaged in the sale of services worldwide and within the USA. Currently there are no charges to the consumer for the use of the Website, other than the cost of any products, programs or services purchased through the Website, and any applicable fees associated with such purchases. Unless otherwise stated, these charges appear for each purchase on an Order Confirmation page or in an Order Confirmation sent via email to the consumer following their purchase. The Company reserves the right to change pricing related to any products, programs or services offered through the Website at any time. Those changes will be reflected in the terms and conditions accompanying the sale, and on the Order page.
The Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs in CA, Consumer Information Center may be contacted in writing at 1625 North Market Blvd, Suite N-112, Sacramento, CA 95834 or by calling 1-800-952-5210.
DISPUTE RESOLUTION & BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), the parties agree to first submit the matter to mediation to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in SAN DIEGO, CALIFORNIA, which mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate. Should mediation fail to resolve the dispute, either party may request that the dispute be resolved by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). An election by either part to arbitrate shall be final and binding on the other party. IF ARBITRATION IS ELECTED, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes between the parties will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in [COUNTY, STATE] may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in SAN DIEGO, CALIFORNIA. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
CLASS ACTION WAIVER
You agree that any legal claims or proceeding shall be limited to the Dispute between us and you, individually. You agree, where permitted by law, that (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT IN THE EVENT THAT ANY CLAIMS ARISE BETWEEN US AND YOU PURSUE THOSE CLAIMS, YOU WILL ONLY DO SO IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
ELECTRONIC COMMUNICATION
When you visit our Website or send email correspondence, you are communicating electronically. Via your use of the Website, you consent to receive communications from us electronically. We will post notices or other important information on the Website and/or send it via email. You agree that any information, notices, agreements, disclosures, updates, terms & conditions and other communications that we provide electronically through our website or via email satisfy any legal requirement that such communications be in writing.
ENTIRE AGREEMENT
These Terms & Conditions and any other policies or documents referred to herein (as amended from time to time) constitute the entire Agreement between us relating to the Website and any matter covered and any and all prior agreements, understandings and representations, whether express or implied, written or oral, are hereby terminated and are of no further force and effect.
MISCELLANEOUS LEGAL PROVISIONS
No waiver of any of the provisions herein by the Company shall constitute a waiver of any other provisions, nor shall any waiver constitute a continuing waiver.
The subject headings in this Agreement are provided for convenience only and shall not alter the construction or interpretation of any of its terms or provisions.
If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.