TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

CULTIVATING YOU

Website Terms of Use

 Last Updated: August 15, 2021

1. Acceptance of Terms

Jennifer Major of Cultivating You (“Jennifer, or “we”) maintains the Cultivating You website located at https://www.cultivating-you.com (“the Site”) as well as copyright-protected materials, such as web copy, images, videos, sound recordings, and other materials, available there (collectively, “the Materials”). Your use of the Site and Materials is subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreements between you and Jennifer.

By using this Site and accessing the Materials, you accept and agree to be bound by all of the following Terms.

We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of the Site after such modification will be considered acknowledgement and acceptance of the modified Terms.

1. Materials
   
   
1. Details

We provide informational content, a membership and other products, and live and recorded events for visitors to the Site, including copy, video and sound recording, written materials, and other materials.

1. Payment

By registering for the Clear Your Chaos membership or another event or purchasing a product offered on the Site, you agree to pay us the price indicated on the product, membership, workshop page.

1. Refunds

Access to certain Materials will be delivered to you immediately upon purchase. Due to the immediate nature of delivery, refunds will not be given for pre-recorded or pre-written content under any circumstances.

Registration fees for live online events can be refunded with 72 hours written notice before the event is scheduled to begin. This refund policy does not apply to live events offered through the Clear Your Chaos membership, or to retreats, which are subject to separate terms and conditions.

1. No Guarantee

You understand and acknowledge that we cannot promise or guarantee any specific results from using the Site or Materials, and we make no guarantee as to the accuracy of any third party statements contained on the Site.

1. Privacy Policy

 

Information provided by users or collected by us via the Site is governed by our Privacy Policy. By using the Site, you affirm that you have read, understand, and accept the Privacy Policy.

1. Site Conduct and Third Party Websites
   
   
1. User Guidelines

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site or on any platform on which one of our events is hosted (such as Zoom or Facebook Live). By posting or otherwise interacting on the Site or an associated platform, you agree that you will not post comments, messages, links, code, or other information that is unlawful or that serves an unlawful purpose, including content that is threatening; abusive; harassing; defamatory; deceptive; fraudulent; tortious; invasive of another’s privacy; in violation of another’s intellectual property rights, embedded with any form of malicious code; discriminatory on the basis of race, disability, gender, sexuality, sexual orientation or gender identity; or depictive of graphic sexual or violent content.

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

1. No Endorsement

We neither endorse nor assume any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen or monitor comments posted on the Site, we reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Materials, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.

1. Third-Party Websites and Information

This Site may redirect or contain links to other websites, some of which may be operated by third parties, and may otherwise include references to information, products, or services made available by unaffiliated third parties. We provide these links for your convenience and make every effort to work with trusted, reputable providers.  But, we have not reviewed any of these websites and are not responsible for any third party web content. Inclusion of third-party content on the Site does not constitute an endorsement of that content or a sponsorship or affiliation with the linked website, unless a strategic partnership affiliation is explicitly made known by the Coach. We expressly disclaim any liability concerned with information, products, and services provided by third parties linked on the Site.

1. Intellectual Property and Model Release
   
   

1. Ownership of Content

 

We exclusively own or license the intellectual property rights to our Materials and other content included on the Site, including all video and audio recordings and livestreams, images, text, designs, graphics, trademarks, and service marks included. Your use of the Site does not change the allocation of these intellectual property rights or otherwise convey any right to use content from the Site for your own purposes.

 

You understand that we have invested much time and energy in creating and maintaining the integrity of our intellectual property. By accessing our Materials, you agree not to use our content and intellectual property in any way beyond its intended personal purposes. You agree not to copy, record, reproduce, modify, republish, upload, post, transmit, resell, or distribute any content from this Site or the Materials in any form or by any means whatsoever, including social media.

 

1. Submission of Content

 

Users who provide content to us via the Site and on other platforms grant us a non-exclusive, perpetual, worldwide, irrevocable license to use such content for any purpose, including sharing such information with third parties, so long as such use does not violate the Privacy Statement. In most cases, we will only use this content on this Site, but we reserve the right to use user-submitted content in other ways, such as making derivative works which may be subject to commercial use. You agree that we may use content you submit on the Site for any purpose without making payments to you, and that such content will not be considered confidential. If you are not willing to grant us these rights, you accept responsibility not to contribute content to the Site or its associated platforms.

 

You further represent and warrant that you own the necessary licenses, rights, and permissions to all content that you submit to the Site.

 

1. Model Release

 

You understand that from time to time we may screenshot, photograph, video, or otherwise record live events and use such photographs and videos for marketing purposes. You hereby consent to the use of your image that may appear in any such photograph or video, and grant us the right to use such images for any purpose, including advertising, without restriction and without compensation. You waive any right to compensation and to approve the images, their use, or any text that may be created and appear in connection with the images.  

 

1. Disclaimer

We provide all content and materials on the Site for educational and informational purposes only, on an “as is” basis. Nothing on this Site shall constitute professional therapy or another professionally-licensed service. We cannot guarantee any particular results or outcomes from information provided on the Site or suggestions made in the Materials. In particular, we make no warrant that (a) content included on the Site and in the Materials will meet your requirements; (b) content will be uninterrupted, timely, secure, or error-free; (c) the results obtained from use of the Site or Materials will be effective, accurate, or reliable; or (d) the quality of any content or Materials that you obtain from the Site will meet your expectations or be free from mistakes, errors, or defects.

We make no warranty of any kind over these Materials and assume no responsibility for damage to a user’s computer or other property resulting from use of the Site. You understand and agree that any downloading or obtaining of Materials through the Site is done at your own risk. We disclaim any and all responsibility for the accuracy and reliability of Site content and other materials found on the Site.

1. Limitation of Liability

In no event shall we be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, on any theory of liability arising out of or in connection with the use of this Site and access to its Materials.

By using this Site, you agree to release us and our employees, agents, and representatives from any and all claims that may directly or indirectly arise out of use of, or inability to use, the Site and its Materials.

This release is binding on you and your heirs and assigns.

1. Governing Law

These Terms are governed and construed in accordance with the laws of the State of Texas. Any legal action with respect to these Terms must be brought in the courts located in Harris County, Texas or the United States District & Bankruptcy Court for the Southern District of Texas. 

 Last Updated: August 15, 2021