Last Updated: August 21, 2018
The Services are offered and available to users who are at least 18 years of age or older (“Users” or “Company Users”). By using these Services, you represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Basic Terms and Rules of Conduct
- Unless otherwise noted, the Services as a whole or in part, and all materials that are part of the Services or Courses (defined below), including without limitation, the Company name, logos, processes, methods, teachings, principles/tenets, and other proprietary information (collectively, “Company Content”) are copyrights, trademarks, trade secrets, trade dress or other intellectual property owned, controlled, or licensed by Company or its subsidiaries and affiliates. You may only use Company Content for your personal, non-commercial use; any other use of the Company Content without Company’s express written consent is strictly prohibited. No right, title, or interest in any Company Content is granted or transferred to You as a result of your access or use. Unless otherwise noted herein, You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any part of the Services, including without limitation, the Company Content (including books) or Courses, or sharing material with others, posting excerpts of material on any social media, blogging about the material, or using such in any other way that would reasonably appear to share the Services or Service information with a non-member. Company reserves the right to immediately remove You from the Service, without refund, if Company determines You have violated this policy in its sole discretion. Further, unauthorized use of the Company Content is expressly prohibited by law and may result in severe civil and criminal penalties.
- You may not participate in any activity that is in violation of any federal, state, or local law.
- You are responsible for any activity that occurs in the real world and through your account and You agree You will not sell, transfer, license or assign your account, followers, username, or any account rights. Company prohibits the creation of and You agree that You will not create an account for anyone other than yourself. You also represent that all information You provide(d) to or were provided by the Company upon registration and at all other times will be true, accurate, current, complete, and confidential, and You agree to update your information as necessary to maintain its truth, accuracy, and confidentiality.
- You agree that You will not solicit, collect, or use the login credentials or other confidential information of other Company Users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local, and provincial) applicable to your use of the Services and your Comments, including but not limited to, copyright laws.
- You must not change, modify, adapt, or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or Company.
- You must not create or submit unwanted email, comments, or other forms of commercial or harassing communications (a/k/a “spam”) to any Company Users.
- You must not use domain names or web URLs in your username, if applicable, without prior written consent from Company.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Company page is rendered or displayed in a user’s browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, using an automated device, script, bot, spider, crawler, or scraper.
- You can request the deactivation of your Company account by emailing us at firstname.lastname@example.org. If We terminate your access to the Service or You request that We deactivate your account, your photos, Comments, and all other data may no longer be accessible through your account.
- We reserve the right to refuse access to the Service to anyone for any reason at any time, without the obligation to assigning a reason for doing so. Any Services, Courses, or products that required payment are offered subject to the Company’s acceptance of your order or requests. No order is deemed accepted by the Company until payment has been processed. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to You and subject to us fulfilling our previous responsibilities to You based on acceptance of your payment.
- We reserve the right to force forfeiture of any username for any reason.
- You are solely responsible for your interaction with other Users of the Service, whether online or offline. You agree that Company is not responsible or liable for the conduct of any User. Company reserves the right but has no obligation, to monitor or become involved in disputes between you and other Users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
The Services may include links to other internet sites maintained by other Users or third parties (“Linked Sites”). Company provides Linked Sites to You solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Company of such Linked Sites. You access Linked Sites at your own risk and by accessing them, You may leave the Services. Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Sites.
Service and Product Specific Conditions
In addition to the foregoing terms and conditions, You agree to abide by the following terms and conditions based on your use of specific Company Services and products as relevant. Any Company Content provided to You in connection with your use of the Services is for individual noncommercial use only, subject to the limited license granted with each Service License (defined below), or other product offerings:
- Company Social Media Platforms and Related Pages:
- Paid subscriptions, products, or other offerings (each a “Course,” collectively, “Courses”):
1. Products Available for Purchase
Books and other merchandise (collectively, “Products”) may be purchased subject to the following:
a. Don’t Feel Stuck!
b. Don’t Feel Stuck in Love!:
c. Don’t Feel Stuck with Money!
d. My Manifesting Journal and My Affirmation Journal
e. All products in The Affirmation Store on Redbubble’s website
- Some of the Services may be supported by advertising revenue and may display advertisements and promotions, and You hereby agree that Company may place such advertising and promotions in connection with the Service or on, about, or in conjunction with your Comments. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice, or compensation of any kind, to You.
- If the User uses the Service through Company’s mobile application, User grants Company the right to use the processor, bandwidth, and storage hardware on User’s device in order to facilitate the operation of the Service.
Claims of Infringement
- If a User believes that any content appearing on the Service infringes the User’s copyright rights, Company wants to hear from the User. Please forward the following information in writing at the address listed below:
a) The User’s name, address, telephone number, and e-mail address;
b) A description of the copyrighted work(s) that the User claims has been infringed;
c) The exact description of each place where alleged infringing material is located;
d) A statement by the User that the User has a good faith belief that the disputed use has not been authorized by the User, its agent, or the law;
e) The User’s electronic or physical signature or the electronic or physical signature of the person authorized to act on the User’s behalf; and
f) A statement by the User made under penalty of perjury, that the information in the User’s notice is accurate, that the User is the copyright owner or authorized to act on the copyright owner’s behalf.Please provide any feedback or claims of infringement to the following address via email:email@example.com
Disclaimer of WarrantiesTHE SERVICES, INCLUDING, WITHOUT LIMITATION, COMPANY CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY, JACLYN NICOLE JOHNSTON (JACLYN JOHNSTON), NOR THEIR PARENT COMPANY, ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES (INCLUDING THE COURSES AND PRODUCTS); (B) THE COMPANY CONTENT; (C) USER CONTENT (INCLUDING COMMENTS); OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE SERVICEs. IN ADDITION, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WAR-RANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE COMPANY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RE-LATED TO: (A) THE SERVICE; (B) THE COMPANY CONTENT; (C) USER CONTENT (IN-CLUDING COMMENTS); (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOOD-WILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE EVENTS, ACTIVITIES OR ACTIONS TAKEN BY YOU WHETHER IN CONNECTION WITH THE SERVICE OR OTHERWISE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF SERVICE DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF COMPANY OR BY THE ACTION, IN ACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT COMPANY DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PUR-CHASED FROM COMPANY, AND IF NO PURCHASE HAS BEEN MADE BY YOU, COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, SERVICE, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UN-KNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Our Customer Service specialists are ready to assist you and address your concerns: email firstname.lastname@example.org
Time Limitation on Claims.
You agree that any claim you may have arising out of or related to your relationship with Company must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred. This provision expressly survives the termination of your relationship with Company.
Order Confirmation and Product Availability.
Product or Course availability on our Website or via the Services is not guaranteed as it may be low or out of stock. We will email You to confirm the placement of your order and with details concerning product delivery. In the event there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. You can always verify availability by emailing our Customer Services at email@example.com.
Service and Product Information
The prices displayed on the Website are quoted in U.S. dollars unless otherwise indicated. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor, display, or device and may not be accurate.
- DISCLAIMER: If applicable, taxes that appear in your online order confirmation are estimated. Because orders may be fulfilled from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated based on the applicable state and local state taxes when your order is shipped. Since the taxation of online transactions is continually evolving, the terms contained herein are subject to change. The Company strives to comply with state and local tax laws as they currently exist and continues to monitor and update its taxation policies as those laws change.
Returns and Refunds.
Please refer to your respective Service License for the return policy related to your Course or Product purchase.
Amazon Return Policy – https://www.amazon.com/gp/help/customer/display.html/ref=hp_left_v4_sib?ie=UTF8&nodeId=202075170
Redbubble Return Policy – https://help.redbubble.com/hc/en-us/articles/201250609
For any questions about your specific order please email firstname.lastname@example.org.