These Terms and Conditions, including Acceptable Use policy (the 'Terms'), govern your use of thesamanthajenkins.com and theschoolofthriving.com ('my Websites'), which are owned, and operated by, Samantha Jenkins ('I', 'Me', 'My'). By accessing, and using, my Websites including, and without limitation, flourishacademy.co.uk you acknowledge that you have read, understood, and agree to be legally bound by the following Terms and my Privacy Policy. Please read these Terms, and my Privacy Policy, carefully before using my Websites. If you do not agree to any of these Terms please do not access, or use, my Websites.
My Websites are only intended to be used by people who are 18 years old and above. Any use of my Websites by anyone under the age of 18 years old constitutes a violation of these Terms. By using my Websites you represent that you are 18 years old, or older, and have the mental capacity to enter into these Terms.
I reserve the right, in my sole discretion, to make changes to these Terms at any time, which will be immediately effective when posted to my Websites. The most current version of the Terms will supersede all previous versions and, by continuing, to use my Websites after I post these changes, you accept, and agree to be bound by, the modified policy. Please consult these Terms regularly to make yourself aware of any changes, as they are binding on you. If you do not agree to any of the changed Terms please do not access, or use, my Websites.
INTELLECTUAL PROPERTY RIGHTS
My Websites contain original work, including images, photographs, branding, videos, audio files, program outlines, lesson plans, course material, text, and other materials that are my intellectual property which, under copyright law, prevents any unauthorised use of my content and materials.
My Limited License to You: My Websites and all the content, and materials, available on my Websites, including in my online communities, free content, and purchased programs and services, are my intellectual property and are protected by copyright and other laws that protect intellectual property and proprietary information. You will not use my Websites, online communities, or any of my content for any purpose that is unlawful or prohibited by these Terms.
My Websites are provided solely for your personal, non-public, noncommercial use. Your use of my Websites or any of the paid or free content available on my Websites, does not entitle you to make any unauthorised use of my protected content. You must seek prior written permission to use, publish, or refer to any of my content, information, or materials by emailing me at sam@thesamanthajenkins.com. Permission is not granted until you receive my express written permission.
You will not steal, modify, copy, reproduce, republish, upload, post, transmit, translate, license, sub-license, reverse engineer, distribute, sell, create derivative works, or exploit any of my Website's content, and materials, in whole or part, including resources available for download and that which has been posted by a third party. You will not share any of your purchased content, and materials, with others who have not purchased them. You will not delete, or change, any attribution notices in any of my content and materials. If you violate any part of these Terms, I reserve the right to immediately deny you access to my Websites, and online communities, including any programs you may have purchased, without a refund and you must immediately destroy any copies of my content you have made.
If you believe in good faith that material hosted on my Websites infringe your copyright, you may send me a notice identifying the copyrighted material that has been infringed, with a signed statement that you are the copyright owner (or are authorised to act on their behalf) and a request that this material be removed or for access to it to be blocked.
Your License to Me: By posting or submitting any material (including, and without limitation, comments, photos, and videos) to my Websites you agree that: (i) you own the material, or have the express consent of the owner of the material which you are posting; and (ii) you are 18 years of age or older. I do not claim ownership of the content you provide to my Websites or associated services. However, when you post, or submit content, feedback, questions, suggestions and the like in any format, including via email, you hereby grant me royalty-free permission to copy, edit, translate, reformat, publish, compile, distribute, publicly display, and otherwise exploit (including for profit) any content, including your photograph and name, as part of the operation of my online business and you understand that this does not entitle you to any form of payment, attribution, or favourable treatment. I am not obligated to post, or use, any of your submitted content (including feedback) and I reserve the right to use my sole discretion to remove your content at any time.
WEBSITE ACCESS AND SECURITY
I reserve the right to amend, improve, or discontinue, my Websites, online communities, and any content, product or service, at any time and without notice, using my sole discretion. By using my Websites, including my online communities, you understand, and agree, that they are provided on an 'as is' and 'as available' basis. I will not be liable for any direct, or indirect, damages, harm, losses, or inconvenience sustained by you if for any reason all, or any part, of my Websites, are unavailable to access at any time, or for any period, and you understand that this may occur without explanation.
I make no representation about the accuracy, availability, suitability, reliability, or timelessness of the information contained in my Websites, products, and services and I will not be held liable, or responsible, for any technical or pricing errors listed on my Websites.
By accessing, and using, my Websites you understand, and agree, that you will not take any action that will interfere, damage, disable, impair or overburden the proper, and technical, operation of my Websites, online communities, or any other of my resources. You also understand, and agree, that I do not offer any guarantee that my Websites, or any documents, images, or files that you download from my Websites, will be free of destructive features, like computer viruses, and that you access, and use, my Websites and any features at your own risk.
External Links: My Website may contain links to external websites. These links are not owned, controlled, or sponsored by me and I am not responsible for the availability, accuracy, or content of these external websites. When you leave my Website, you are subject to the Terms of the external website, so please make yourself aware of these before you access, and use, their website. The inclusion of any external links does not imply any recommendation, endorsement, or sponsorship by me. External links are provided only for your convenience. If you decide to access, use, or download files from these external websites you do so at your own risk.
Links to My Website: You can link to my Websites in a way that is legal, does not damage my reputation, and does not imply any association with, or endorsement by, me where none exists.
Your Information: To access my Websites, and any free or paid resources, you may be required to provide registration details, including your name and email address. In order to purchase a product, or service, you will also be required to provide a billing address, and payment information.
It is a condition of your use of my Websites that information you provide to me through my Websites, online communities, or third-party payment processing company is true, current, and complete, and belongs to you. You understand, and agree, that any information provided to me, by you, is done so voluntarily. You agree that all information you provide, including through any interactive features on my Websites, is governed by my Privacy Policy.
User name and password: You may be asked to create an account with a username and password as a security procedure to access your purchases. You understand, and agree, that the information you provide is true, accurate, current, and personal to you, and that you must treat it as confidential. It is a material breach of these Terms to disclose, or share, this secure information, or give access to any portions of my website, to another person or entity. You understand, and agree, that it is your responsibility to keep this information secure from theft and you agree to immediately notify me of any unauthorised use of your username or password, and of any other security breach that comes to your attention. I reserve the right to amend, or delete, your username or password any time, and for any reason, and you understand, and agree, that I will have no liability to you for any loss or damage caused by such action.
Access Restriction and Termination: I reserve the right, in my sole discretion, to restrict, suspend, deactivate, or immediately terminate your access to my Websites, and any personal account you have with me at any time, for any reason, without limitation, notice, or explanation. This includes, but is not limited to, disabling any user name, password, or other identifier chosen by you, or provided by me, at any time and for any reason, including violation of these Terms. If you made any purchases from me, you understand, and agree, that I will use my sole discretion to determine what you are entitled to receive, or can continue to use, following this termination.
COMMUNITY GUIDELINES:
The online communities I host (be that via social media, a webinar chat, or otherwise) are intended to provide a forum in which to share information and discussion. By accessing, browsing, or participating in any of the communities associated with me and my Websites, you agree to comply with the following Community Guidelines.
You understand, and agree, that you are entirely responsible for all content that you post, upload, email, or otherwise share to my online communities (including, but not limited to, any and all social media and webinar platforms). You understand, and agree, that your submitted content will be accessible to others, and that this content is not wholly private or confidential.
You agree that you will use my online communities for lawful purposes only and you will not upload, post, email, or otherwise make available inappropriate content that could harm me, or another user, including comments or material that:
I am in no way obligated to monitor content or posts made in my online communities. However, I reserve the right to monitor, and administer, my online communities and, in my sole and absolute discretion, to edit, refuse to post, or remove any content posted in these groups, or to deny you access to my Websites and online communities for any reason, without notice, explanation, or ramifications.
You understand that information, content, and posts can be made to my online communities by a third-party who is either connected or unconnected to me. You understand, and agree, that I make no representation as to the accuracy, validity, reliability, or timeliness of any information, content, opinion, advice, or statement posted by these third-parties. You understand, and agree that I am not held responsible, or liable, for any errors or omissions in these posts or for any loss, damage, or harm you may suffer, or perceive to suffer, from your reliance on any information, content, opinion, advice, or statement made in my online communities.
You will let me know of any inappropriate content, or material, that you become aware of so that I can review it. You understand, and agree, that I am not responsible for, and you will not take action against me based on, any comments, content, or material posted by a third party.
You understand that I may be obligated to take legal action based on information you post, and I reserve my right to do so. Should a third party take legal action against you, as a result of something you post in my online communities, you agree to hold me harmless and fully indemnify me of any legal ramifications or actions.
PAID PRODUCTS AND SERVICES
If you purchase a course, product, program, or service ('Products') from me I grant you a limited, personal, non-exclusive, and non-transferable license to use my Products, and any associated material, for your own personal, educational, and informational use. You understand, and agree, that you have no right to edit, copy, modify, reproduce, create derivative works of, sell, distribute, or in any way exploit any of my Products, and any associated material. You also agree that you will not offer any competing resources, or Products, based on any information contained in my Products.
Third-Party Information: Some of my paid Products may contain information provided by a third party. You understand, and agree, that I am not responsible for the accuracy, timeliness, reliability, validity, or any other measure of quality assurance of their information. You agree that I am not to be held responsible, or liable, for any loss, damage, or other matters arising from your voluntary decision to access, or use, any third-party information offered in any of my paid Products.
Your Responsibility: You understand, and agree, that your decision to purchase Products from me is purely voluntary and that you alone are financially responsible for any and all purchases that you, or someone acting on your behalf, makes through my Websites. When making a purchase on someone's behalf you represent that you have gained the express consent of the person to use their personal information.
Payment Processing: You understand, and agree, that your name, address, credit card information, payment method, and other personally identifiable information may be collected by me, or my third-party payment processing company ('Payment Processor'), such as Paypal. You hereby consent that when you make a purchase, my Payment Processor shall authorise your credit card, bank account, or other approved payment facility for the full payment of fees and, if applicable, any foreign transaction fees, related charges, or taxes. I do not store, or have access to, any whole credit card numbers or payment information.
You must provide true, accurate, current, and complete billing and credit card information. You must promptly update all billing information (including your billing address and credit card information) to keep your account current, complete, and active. Should your payment fail to process, I reserve the right to withhold the purchased Products from you until payment is properly secured, and you hereby agree to pay all amounts due on demand. You also agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.
When you make a purchase from my Websites using a Payment Processor you indemnify me and assume any, and all, risk or liability for the security of the payment details. You understand, and agree, to be bound by the Payment Processor’s Terms and Conditions of use and understand that it is your responsibility to read these Terms and Conditions before you make a payment.
DISCLAIMER
The purpose of my Websites, online communities, Products, and any downloadable resources (herein known as my "Websites and Services") is provided solely for educational and informational purposes. I have done my best to ensure that the information I provide via all of these formats is valuable and accurate, but I cannot guarantee the value or accuracy of this information.
No Guarantees As To Results: By using my Websites and Services you understand, and agree, that I do not guarantee you any type of specific, or typical, results, changes, or gains from taking any advice, or action, recommended on, or through, my Websites or any third-party websites. You understand, and agree, that your results are determined by your own efforts, unique situation, and many other factors (like your family history and health status) that are beyond my awareness or control.
My Websites may feature testimonials from real people's experiences of using my Websites and Services. By reading these testimonials, you understand that the opinions of, and results achieved by, these people do not offer any type of guarantee that you will have the same results or experiences.
Your responsibility: You understand, and agree, that your use of any information provided on, or through, my Websites and Services (including the use of any information provided by, or though, a third party) is purely voluntary, is used solely at your own risk, and that you will take personal responsibility for the result of any use, or non-use, of the information herein. You understand, and agree, that I shall not be held responsible, or liable, for any errors contained in my Websites or Services, or for any direct, indirect, incidental, or consequential harm or damage that you may suffer, or perceive to suffer, as a result of the use, or non-use, of you using my Websites or Services and you will not make any claims against me or my business herein.
The information contained in my Websites and Services is not intended to offer medical, psychiatric, psycho-therapeutic, financial, health, or any other type of professional advice. Nothing contained in my Websites or Services should replace, prevent, or delay you from seeking any kind of professional advice, diagnosis, or treatment given to you by a doctor, psychiatrist, nurse, therapist, counsellor, or financial advisor who knows you and your situation. You understand, and agree, that you are solely responsible for your own finances and your own mental, emotional, and physical health.
LIMITATION OF LIABILITY
I shall not be held responsible for any loss, or damage, of any kind that arises from, or in any way relates to, the access, use, or inability to use, any information offered on, or through, my Websites or Services. You understand, and agree, that all information offered via my Websites and Services (including any information provided by, or though, a third-party) is intended to be educational and informational and may not be suited to your individual situation. You understand that your decision to access, and use, my information is purely voluntary and that I do not know whether the information is right for you specifically. You understand, and agree, that I am not held liable for any type of direct, indirect, incidental, or consequential harm, loss, or damages (including, but not limited to, any punitive or special damages) that you, or any person or entity associated with you, may suffer as a result of you using, and implementing, the information contained in my Websites and Services.
Your Information: I take reasonable precautions to keep your information safe and confidential. By using my Websites, and any of my Products, online communities, and downloadable resources, you understand, and agree, that I am not liable for any unauthorised access to, or use, of your information regardless of negligence, breach of either express or implied contract, failures, tort, or any other courses of action, even if I was made aware of such a possibility.
Technical Use: You understand, and agree, that I am not liable, in any way, for any loss of data nor any technical defect, failure, or computer virus that you encounter when using any of my Websites. Your decision to use my Websites is wholly at your own risk and any ramifications resulting from this use belong to you.
No Warranties: By using my Websites you understand, and agree, that I make no express, or implied, representations, warranties, or guarantees (and hereby disclaim any, and all, express, or implied, representations, warranties, or guarantees) regarding any portion of my Websites, including any information, content, materials, programs, services, books, social media, email lists, online communities, or documents included on, or provided through, my Websites. I also make no representations, warranties, or guarantees regarding the performance, or operation, of my Websites, or the accuracy, fitness for purpose, timeliness, reliability, or otherwise of my information, content, and Products.
By using my Websites you understand, and agree, that all information, content, material, and Products are to be accessed, and used, at your own risk. If you are dissatisfied with any portion of my Websites, including my online communities, your sole remedy is to discontinue using my Websites immediately.
*THE BINDING ARBITRATION SECTION BELOW AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT*
BINDING ARBITRATION
If you have any issues, or potentials disputes or claims regarding these Terms, my Products, or Websites you agree to give me an opportunity to resolve those issues. If, together, we cannot, negotiate a satisfactory resolution then either party may elect to resolve the dispute through Binding Arbitration. You hereby expressly agree that under no circumstances, now or in the future, will I be liable to any party for any type of damages or claims that results, or are perceived to result, from your use of my Websites, and any and all of my Products, and any and all contracts that you enter into with me. You hereby expressly agree to resolve any claim, or controversy, that arises by Arbitration and/ or suitable Alternative Dispute Resolution in England, United Kingdom, regardless of your location, and you agree to be bound by the decision of the chosen Mediator. You shall participate in good faith in any exchanges relevant to the mediation process. You further agree that you, and/ or any entity related to you, can only bring claims against me, or resolve disputes with me, on an individual basis, and not as a plaintiff or class member, and you hereby waive any right, to any class arbitration or to use class action procedures. To the full extent permissible by law, you further agree that you will be responsible for all costs associated with initiating the arbitration and for the administration costs of the arbitration.
INDEMNIFICATION:
You agree, at all times, to defend, fully indemnify, and hold harmless my Company, any team members, or third parties associated with me from, and against, any losses, liabilities, costs, damages, actions, claims, causes, or expenses (including, and without limitation legal and accounting fees) incurred as a result of: i) your use of my Websites and Services contained therein; ii) your breach of any obligation, Terms, relevant laws, rules, or regulations, including misuse of my intellectual property iii) your violation of any third party rights. If I am required to defend myself against any action involving you, or where your help will assist my defense, you agree to cooperate with any reasonable requests, free of charge.
ENTIRE AGREEMENT
Unless otherwise specified herein, these Terms and Conditions, along with the Privacy Policy, constitutes the entire agreement between us with respect to your use of my Websites and Services, and it supersedes any other agreements entered into with me, by you, and any prior, or current, communications (be they written, verbal, or electronic). Nothing on my Websites, or in any communications, is to be understood as a waiver to any portion of these Terms and Conditions.
If you have any questions about these terms, contact me:
sam@thesamanthajenkins.com
Effective Date: These Terms and Conditions were last updated October 2018
My Websites are only intended to be used by people who are 18 years old and above. Any use of my Websites by anyone under the age of 18 years old constitutes a violation of these Terms. By using my Websites you represent that you are 18 years old, or older, and have the mental capacity to enter into these Terms.
I reserve the right, in my sole discretion, to make changes to these Terms at any time, which will be immediately effective when posted to my Websites. The most current version of the Terms will supersede all previous versions and, by continuing, to use my Websites after I post these changes, you accept, and agree to be bound by, the modified policy. Please consult these Terms regularly to make yourself aware of any changes, as they are binding on you. If you do not agree to any of the changed Terms please do not access, or use, my Websites.
INTELLECTUAL PROPERTY RIGHTS
My Websites contain original work, including images, photographs, branding, videos, audio files, program outlines, lesson plans, course material, text, and other materials that are my intellectual property which, under copyright law, prevents any unauthorised use of my content and materials.
My Limited License to You: My Websites and all the content, and materials, available on my Websites, including in my online communities, free content, and purchased programs and services, are my intellectual property and are protected by copyright and other laws that protect intellectual property and proprietary information. You will not use my Websites, online communities, or any of my content for any purpose that is unlawful or prohibited by these Terms.
My Websites are provided solely for your personal, non-public, noncommercial use. Your use of my Websites or any of the paid or free content available on my Websites, does not entitle you to make any unauthorised use of my protected content. You must seek prior written permission to use, publish, or refer to any of my content, information, or materials by emailing me at sam@thesamanthajenkins.com. Permission is not granted until you receive my express written permission.
You will not steal, modify, copy, reproduce, republish, upload, post, transmit, translate, license, sub-license, reverse engineer, distribute, sell, create derivative works, or exploit any of my Website's content, and materials, in whole or part, including resources available for download and that which has been posted by a third party. You will not share any of your purchased content, and materials, with others who have not purchased them. You will not delete, or change, any attribution notices in any of my content and materials. If you violate any part of these Terms, I reserve the right to immediately deny you access to my Websites, and online communities, including any programs you may have purchased, without a refund and you must immediately destroy any copies of my content you have made.
If you believe in good faith that material hosted on my Websites infringe your copyright, you may send me a notice identifying the copyrighted material that has been infringed, with a signed statement that you are the copyright owner (or are authorised to act on their behalf) and a request that this material be removed or for access to it to be blocked.
Your License to Me: By posting or submitting any material (including, and without limitation, comments, photos, and videos) to my Websites you agree that: (i) you own the material, or have the express consent of the owner of the material which you are posting; and (ii) you are 18 years of age or older. I do not claim ownership of the content you provide to my Websites or associated services. However, when you post, or submit content, feedback, questions, suggestions and the like in any format, including via email, you hereby grant me royalty-free permission to copy, edit, translate, reformat, publish, compile, distribute, publicly display, and otherwise exploit (including for profit) any content, including your photograph and name, as part of the operation of my online business and you understand that this does not entitle you to any form of payment, attribution, or favourable treatment. I am not obligated to post, or use, any of your submitted content (including feedback) and I reserve the right to use my sole discretion to remove your content at any time.
WEBSITE ACCESS AND SECURITY
I reserve the right to amend, improve, or discontinue, my Websites, online communities, and any content, product or service, at any time and without notice, using my sole discretion. By using my Websites, including my online communities, you understand, and agree, that they are provided on an 'as is' and 'as available' basis. I will not be liable for any direct, or indirect, damages, harm, losses, or inconvenience sustained by you if for any reason all, or any part, of my Websites, are unavailable to access at any time, or for any period, and you understand that this may occur without explanation.
I make no representation about the accuracy, availability, suitability, reliability, or timelessness of the information contained in my Websites, products, and services and I will not be held liable, or responsible, for any technical or pricing errors listed on my Websites.
By accessing, and using, my Websites you understand, and agree, that you will not take any action that will interfere, damage, disable, impair or overburden the proper, and technical, operation of my Websites, online communities, or any other of my resources. You also understand, and agree, that I do not offer any guarantee that my Websites, or any documents, images, or files that you download from my Websites, will be free of destructive features, like computer viruses, and that you access, and use, my Websites and any features at your own risk.
External Links: My Website may contain links to external websites. These links are not owned, controlled, or sponsored by me and I am not responsible for the availability, accuracy, or content of these external websites. When you leave my Website, you are subject to the Terms of the external website, so please make yourself aware of these before you access, and use, their website. The inclusion of any external links does not imply any recommendation, endorsement, or sponsorship by me. External links are provided only for your convenience. If you decide to access, use, or download files from these external websites you do so at your own risk.
Links to My Website: You can link to my Websites in a way that is legal, does not damage my reputation, and does not imply any association with, or endorsement by, me where none exists.
Your Information: To access my Websites, and any free or paid resources, you may be required to provide registration details, including your name and email address. In order to purchase a product, or service, you will also be required to provide a billing address, and payment information.
It is a condition of your use of my Websites that information you provide to me through my Websites, online communities, or third-party payment processing company is true, current, and complete, and belongs to you. You understand, and agree, that any information provided to me, by you, is done so voluntarily. You agree that all information you provide, including through any interactive features on my Websites, is governed by my Privacy Policy.
User name and password: You may be asked to create an account with a username and password as a security procedure to access your purchases. You understand, and agree, that the information you provide is true, accurate, current, and personal to you, and that you must treat it as confidential. It is a material breach of these Terms to disclose, or share, this secure information, or give access to any portions of my website, to another person or entity. You understand, and agree, that it is your responsibility to keep this information secure from theft and you agree to immediately notify me of any unauthorised use of your username or password, and of any other security breach that comes to your attention. I reserve the right to amend, or delete, your username or password any time, and for any reason, and you understand, and agree, that I will have no liability to you for any loss or damage caused by such action.
Access Restriction and Termination: I reserve the right, in my sole discretion, to restrict, suspend, deactivate, or immediately terminate your access to my Websites, and any personal account you have with me at any time, for any reason, without limitation, notice, or explanation. This includes, but is not limited to, disabling any user name, password, or other identifier chosen by you, or provided by me, at any time and for any reason, including violation of these Terms. If you made any purchases from me, you understand, and agree, that I will use my sole discretion to determine what you are entitled to receive, or can continue to use, following this termination.
COMMUNITY GUIDELINES:
The online communities I host (be that via social media, a webinar chat, or otherwise) are intended to provide a forum in which to share information and discussion. By accessing, browsing, or participating in any of the communities associated with me and my Websites, you agree to comply with the following Community Guidelines.
You understand, and agree, that you are entirely responsible for all content that you post, upload, email, or otherwise share to my online communities (including, but not limited to, any and all social media and webinar platforms). You understand, and agree, that your submitted content will be accessible to others, and that this content is not wholly private or confidential.
You agree that you will use my online communities for lawful purposes only and you will not upload, post, email, or otherwise make available inappropriate content that could harm me, or another user, including comments or material that:
- is false, fraudulent, defamatory, obscene, vulgar, abusive, hateful, libellous, harmful, or threatening.
- harass, discriminate, or threaten on the basis of race, gender identity, ethnicity, religion, sexual preference, nationality, age, disability, or other.
- invades the privacy of others (e.g by disclosing sensitive information about the person, including their email address, postal address, or phone number).
- include content or materials that violates any copyright, trademark rights, or intellectual property rights of any person or any third party.
- promotes any commercial activities, including advertisements for goods or services, or that constitute 'spam'.
- include false, or misleading, representations to either impersonate, or misrepresent, any person or entity, or to disguise the true origin of any content.
I am in no way obligated to monitor content or posts made in my online communities. However, I reserve the right to monitor, and administer, my online communities and, in my sole and absolute discretion, to edit, refuse to post, or remove any content posted in these groups, or to deny you access to my Websites and online communities for any reason, without notice, explanation, or ramifications.
You understand that information, content, and posts can be made to my online communities by a third-party who is either connected or unconnected to me. You understand, and agree, that I make no representation as to the accuracy, validity, reliability, or timeliness of any information, content, opinion, advice, or statement posted by these third-parties. You understand, and agree that I am not held responsible, or liable, for any errors or omissions in these posts or for any loss, damage, or harm you may suffer, or perceive to suffer, from your reliance on any information, content, opinion, advice, or statement made in my online communities.
You will let me know of any inappropriate content, or material, that you become aware of so that I can review it. You understand, and agree, that I am not responsible for, and you will not take action against me based on, any comments, content, or material posted by a third party.
You understand that I may be obligated to take legal action based on information you post, and I reserve my right to do so. Should a third party take legal action against you, as a result of something you post in my online communities, you agree to hold me harmless and fully indemnify me of any legal ramifications or actions.
PAID PRODUCTS AND SERVICES
If you purchase a course, product, program, or service ('Products') from me I grant you a limited, personal, non-exclusive, and non-transferable license to use my Products, and any associated material, for your own personal, educational, and informational use. You understand, and agree, that you have no right to edit, copy, modify, reproduce, create derivative works of, sell, distribute, or in any way exploit any of my Products, and any associated material. You also agree that you will not offer any competing resources, or Products, based on any information contained in my Products.
Third-Party Information: Some of my paid Products may contain information provided by a third party. You understand, and agree, that I am not responsible for the accuracy, timeliness, reliability, validity, or any other measure of quality assurance of their information. You agree that I am not to be held responsible, or liable, for any loss, damage, or other matters arising from your voluntary decision to access, or use, any third-party information offered in any of my paid Products.
Your Responsibility: You understand, and agree, that your decision to purchase Products from me is purely voluntary and that you alone are financially responsible for any and all purchases that you, or someone acting on your behalf, makes through my Websites. When making a purchase on someone's behalf you represent that you have gained the express consent of the person to use their personal information.
Payment Processing: You understand, and agree, that your name, address, credit card information, payment method, and other personally identifiable information may be collected by me, or my third-party payment processing company ('Payment Processor'), such as Paypal. You hereby consent that when you make a purchase, my Payment Processor shall authorise your credit card, bank account, or other approved payment facility for the full payment of fees and, if applicable, any foreign transaction fees, related charges, or taxes. I do not store, or have access to, any whole credit card numbers or payment information.
You must provide true, accurate, current, and complete billing and credit card information. You must promptly update all billing information (including your billing address and credit card information) to keep your account current, complete, and active. Should your payment fail to process, I reserve the right to withhold the purchased Products from you until payment is properly secured, and you hereby agree to pay all amounts due on demand. You also agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.
When you make a purchase from my Websites using a Payment Processor you indemnify me and assume any, and all, risk or liability for the security of the payment details. You understand, and agree, to be bound by the Payment Processor’s Terms and Conditions of use and understand that it is your responsibility to read these Terms and Conditions before you make a payment.
DISCLAIMER
The purpose of my Websites, online communities, Products, and any downloadable resources (herein known as my "Websites and Services") is provided solely for educational and informational purposes. I have done my best to ensure that the information I provide via all of these formats is valuable and accurate, but I cannot guarantee the value or accuracy of this information.
No Guarantees As To Results: By using my Websites and Services you understand, and agree, that I do not guarantee you any type of specific, or typical, results, changes, or gains from taking any advice, or action, recommended on, or through, my Websites or any third-party websites. You understand, and agree, that your results are determined by your own efforts, unique situation, and many other factors (like your family history and health status) that are beyond my awareness or control.
My Websites may feature testimonials from real people's experiences of using my Websites and Services. By reading these testimonials, you understand that the opinions of, and results achieved by, these people do not offer any type of guarantee that you will have the same results or experiences.
Your responsibility: You understand, and agree, that your use of any information provided on, or through, my Websites and Services (including the use of any information provided by, or though, a third party) is purely voluntary, is used solely at your own risk, and that you will take personal responsibility for the result of any use, or non-use, of the information herein. You understand, and agree, that I shall not be held responsible, or liable, for any errors contained in my Websites or Services, or for any direct, indirect, incidental, or consequential harm or damage that you may suffer, or perceive to suffer, as a result of the use, or non-use, of you using my Websites or Services and you will not make any claims against me or my business herein.
The information contained in my Websites and Services is not intended to offer medical, psychiatric, psycho-therapeutic, financial, health, or any other type of professional advice. Nothing contained in my Websites or Services should replace, prevent, or delay you from seeking any kind of professional advice, diagnosis, or treatment given to you by a doctor, psychiatrist, nurse, therapist, counsellor, or financial advisor who knows you and your situation. You understand, and agree, that you are solely responsible for your own finances and your own mental, emotional, and physical health.
LIMITATION OF LIABILITY
I shall not be held responsible for any loss, or damage, of any kind that arises from, or in any way relates to, the access, use, or inability to use, any information offered on, or through, my Websites or Services. You understand, and agree, that all information offered via my Websites and Services (including any information provided by, or though, a third-party) is intended to be educational and informational and may not be suited to your individual situation. You understand that your decision to access, and use, my information is purely voluntary and that I do not know whether the information is right for you specifically. You understand, and agree, that I am not held liable for any type of direct, indirect, incidental, or consequential harm, loss, or damages (including, but not limited to, any punitive or special damages) that you, or any person or entity associated with you, may suffer as a result of you using, and implementing, the information contained in my Websites and Services.
Your Information: I take reasonable precautions to keep your information safe and confidential. By using my Websites, and any of my Products, online communities, and downloadable resources, you understand, and agree, that I am not liable for any unauthorised access to, or use, of your information regardless of negligence, breach of either express or implied contract, failures, tort, or any other courses of action, even if I was made aware of such a possibility.
Technical Use: You understand, and agree, that I am not liable, in any way, for any loss of data nor any technical defect, failure, or computer virus that you encounter when using any of my Websites. Your decision to use my Websites is wholly at your own risk and any ramifications resulting from this use belong to you.
No Warranties: By using my Websites you understand, and agree, that I make no express, or implied, representations, warranties, or guarantees (and hereby disclaim any, and all, express, or implied, representations, warranties, or guarantees) regarding any portion of my Websites, including any information, content, materials, programs, services, books, social media, email lists, online communities, or documents included on, or provided through, my Websites. I also make no representations, warranties, or guarantees regarding the performance, or operation, of my Websites, or the accuracy, fitness for purpose, timeliness, reliability, or otherwise of my information, content, and Products.
By using my Websites you understand, and agree, that all information, content, material, and Products are to be accessed, and used, at your own risk. If you are dissatisfied with any portion of my Websites, including my online communities, your sole remedy is to discontinue using my Websites immediately.
*THE BINDING ARBITRATION SECTION BELOW AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT*
BINDING ARBITRATION
If you have any issues, or potentials disputes or claims regarding these Terms, my Products, or Websites you agree to give me an opportunity to resolve those issues. If, together, we cannot, negotiate a satisfactory resolution then either party may elect to resolve the dispute through Binding Arbitration. You hereby expressly agree that under no circumstances, now or in the future, will I be liable to any party for any type of damages or claims that results, or are perceived to result, from your use of my Websites, and any and all of my Products, and any and all contracts that you enter into with me. You hereby expressly agree to resolve any claim, or controversy, that arises by Arbitration and/ or suitable Alternative Dispute Resolution in England, United Kingdom, regardless of your location, and you agree to be bound by the decision of the chosen Mediator. You shall participate in good faith in any exchanges relevant to the mediation process. You further agree that you, and/ or any entity related to you, can only bring claims against me, or resolve disputes with me, on an individual basis, and not as a plaintiff or class member, and you hereby waive any right, to any class arbitration or to use class action procedures. To the full extent permissible by law, you further agree that you will be responsible for all costs associated with initiating the arbitration and for the administration costs of the arbitration.
INDEMNIFICATION:
You agree, at all times, to defend, fully indemnify, and hold harmless my Company, any team members, or third parties associated with me from, and against, any losses, liabilities, costs, damages, actions, claims, causes, or expenses (including, and without limitation legal and accounting fees) incurred as a result of: i) your use of my Websites and Services contained therein; ii) your breach of any obligation, Terms, relevant laws, rules, or regulations, including misuse of my intellectual property iii) your violation of any third party rights. If I am required to defend myself against any action involving you, or where your help will assist my defense, you agree to cooperate with any reasonable requests, free of charge.
ENTIRE AGREEMENT
Unless otherwise specified herein, these Terms and Conditions, along with the Privacy Policy, constitutes the entire agreement between us with respect to your use of my Websites and Services, and it supersedes any other agreements entered into with me, by you, and any prior, or current, communications (be they written, verbal, or electronic). Nothing on my Websites, or in any communications, is to be understood as a waiver to any portion of these Terms and Conditions.
If you have any questions about these terms, contact me:
sam@thesamanthajenkins.com
Effective Date: These Terms and Conditions were last updated October 2018
© 2018 Samantha Jenkins