Terms & Conditions

Definitions/Identification

  1. JenniferBlumenthal.com, MoonWishing2015.com, Mandala.Rocks, WholeBeingBalance.com, or SeductionOfSoul.com may also be referred to as the “Site” or “Sites”.
  2. Jennifer Blumenthal, Sole Proprietor may also be referred to as the “Company”, “We”, “Us”, or “Our”.
  3. We provide products and services related to building an online community using Facebook groups, Facebook pages, online classes/workshops, physical products, digital products, online group programs, one-on-one services, webinars, conference calls, Twitter participation, Instagram participation, LinkedIn participation, and Pinterest participation. These products and/or services may also be referred to as the “Service” or “Services”.
  4. Information provided on these Sites and/or through Services may also be referred to as “Content”.
  5. All visitors to the Sites may also be referred to as “User” or “Users”, “Visitor” or “Visitors”, “Customer” or “Customers, “Client” or “Clients”, “Member” or “Members”, “Student” or “Students”, “Subscriber” or “Subscribers, “They”, “You”, and/or “Your”.
  6. The Terms of Use and/or Terms and Conditions set forth herein may also be referred to as the “Terms” or “Agreement”.

Overview

These Sites are operated by the Company. You may contact Us by using the contact page on JenniferBlumenthal.com.

By visiting and/or using the Sites, all Visitors consent to and are bound by the Terms set forth by the Company. Accessing Our Sites constitutes a use of the Sites and an acceptance of the Terms provided herein.

The purpose of the Terms is to set forth the Terms and Conditions under which You are permitted to use Our Sites. By using Our Sites, You agree to these Terms, without modification, and acknowledge reading them.

We reserve the right to change any of these Terms or to impose new Terms and/or Conditions for the use of these Sites at any time in which case We will post the revised and/or new Terms on this page. By continuing to use these Sites after We post any such changes or additions means that You accept the new and/or revised Terms, without modifications, and acknowledge reading them.

Eligibility

To access or use these Sites, You must be at least 18 years old and have the requisite power and authority to enter into these Terms and Conditions. By accessing and/or using the Sites, you verify that you are at least 18 years old and have the requisite power and authority to enter into these Terms and Conditions.

Account and Password

You are solely responsible for maintaining the confidentiality of any account name and password provided to or created by You for use on Our Sites. You are solely responsible for uses of any account(s) provided to You, whether authorized or not by You. You agree to immediately notify Us of any unauthorized use of any account of Yours on or related to Our Sites.

Site Use

The Content provided on these Sites is not intended to provide specific commercial, financial, tax, legal, or health advice. It is provided to You solely for your own personal, non-commercial use and not for the purposes of resale, distribution, public display or performance, or any other uses by You in any form or manner whatsoever unless otherwise indicated on the Site. You may display, download, archive, or print Content from this Site for personal, non-commercial use only.

Payments and Refunds

Payments are due prior to services being rendered. Payment plans may be available if arrangements are made prior to services beginning. Payment plans will be made via auto-draft.

Refunds are not available for services already rendered. Refunds for ecourses and memberships may be available as written on the ecourse or membership policies or sales pages. Refunds for unused services may be available upon request. Services purchased in a package are discounted from their regular price. When a refund is requested on unused, remaining portions of a package, the refund, if applicable, will be refunded based on the full price (not the discounted package price) of each service already received within the package. Any bonuses received as part of a package will be charged at their full, regular price before any refund is given on remaining, unused services within a package.

Disclaimer

The Content provided on these Sites and/or through Our Services is subject to change. The Company makes no representation or warranties of any kind, either express or implied, that the Content provided, regardless of its source, is accurate, complete, reliable, or error-free. The Company disclaims any and all liability for any inaccuracy, error, or incompleteness in the Content. Further, the Company does not warrant that the transmission of Content will not be interrupted or that the Site or the server which transmits Content will be free of viruses or anything else that might be harmful. You alone assume all risk associated with use of the Sites and/or Services including, but not limited to, the full costs of any necessary repair or service to Your computer.

By using the Sites you waive any claim whatsoever against the Company which arises from Your use, whether intended or not, of any other site. This waiver specifically includes any claim arising from a product and/or service which You purchase from any other sites than the Sites listed in the Definitions/Identification section of these Terms, and any claim arising from security of information including, but not limited to, credit card information which You use on our Sites. Additionally, the Company assumes no responsibility for any content which you find on sites that link to or from Our Sites including the accuracy of the content, compliance with any laws, for any viruses or other harmful things which may be contained in those sites for anything You may find offensive on those sites, or should any site link You to another site which You find offensive. The Company does not endorse or warrant the quality of any goods You purchase from any site other than Our Sites.

The Sites and Services may contain links to third party websites and/or resources. You acknowledge and agree that We are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.

Personally Identifiable Information

In order to use these Sites and/or Services, You may be required to provide Personally Identifiable Information (“PII”) about yourself including but not limited to Your name, email address, demographics, and/or other personal information. You agree that any personal information You give to the Company will always be accurate , correct, and up-to-date. You will not impersonate someone else or provide account information or an email address other than your own.

Termination and Removal / Legal Information

Your account on Our Site(s) must not be used for any illegal or unauthorized purpose and must not be shared unless given express written permission in advance by Us. You must not, in the use of the Sites, violate any laws in Your jurisdiction.

You may use the Site(s) and/or Services for lawful purposes only. You shall not post or transmit through the Site(s) any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, sexually explicit, indecent, hateful, scandalous, slanderous, invasive of privacy or publicity rights, vulgar, obscene, profane or likewise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to a civil liability, infringes on copyright, violates any law, or is any behavior that We do not like. Basically, You can cuss like a sailor, but You may not direct it at anyone or anything else, and If We deem it inappropriate or offensive at any time for any reason, We may terminate Your use of Our Sites with or without notice.

Either You or Us may terminate the Term of this Agreement at any time for any reason. If You wish to terminate the Term of this Agreement, You must provide notice to Us in writing by contacting Us through our contact page on our Site.

We may suspend Our Services to You at any time with or without cause. If Services are suspended for which You have prepaid Us a fee and We terminate You without cause, We will refund a pro rata portion of Your prepayment. If Services are suspended for which You have not prepaid Us a fee, whether terminated with or without cause, or We suspend Your prepaid Services with cause, no refunds will be given. If You violate any terms of this Agreement, We reserve the right to terminate Your account and/or usage of Our Sites immediately with cause, and therefore no refunds will be given. Once terminated, We may remove any and all of Your related data and files from Our Sites. If You have an account on Our Site(s) and You do not log into Your account for 12 or more months, We may deem Your account inactive and permanently delete Your account and all data associated with it.

Company Intellectual Property and Confidentiality

You acknowledge and agree that all Content, design, and materials available and displayed on these Sites and/or provided in Our Services are intellectual property owned by the Company including, but not limited to, trademarks, copyrights, proprietary information, Content, trade secrets, systems, designs, Company name, program names, product names, Service names, logo, wording, color schemes, graphics, text, other files, and arrangements of such, and that their use is restricted by the Terms of this Agreement. You may not modify, publish, transmit, participate in the sale of, create derivative works from, distribute, display, reproduce, perform, take credit for, or in any way exploit in any format whatsoever any of the Sites and/or Services Content or intellectual property, in whole or in part without Our prior written consent. Use of the Content or materials on this Site for any purpose without written permission from the Company is strictly prohibited. We reserve the right to immediately remove You from these Sites and/or Services, without refund, if You are caught violating this intellectual property policy.

Limitation of Liability

To the maximum extent permitted by law, You assume full responsibility and risk of loss resulting from Your use of Our Sites. You agree that under no circumstances shall We be liable for direct, indirect, incidental, consequential, special, punitive, exemplary or any other damages arising out of Your use of these Sites and/or Services. You agree that the Company is not liable in any way whatsoever including, but not limited to, negligence, for any special or consequential damages resulting from either Your use of these Sites or Your inability to use these Sites or from Your use of any site linked from or to these Sites.

Additionally, the Company is not liable for damages in connection with (1) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (2) loss of revenue, anticipated profits, business, savings, goodwill or data; and (3) third party theft of, destruction of, unauthorized access to, alteration of, or use of Your information or property, regardless of Our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if We, our employees or representatives have been advised of the possibility of or could have foreseen the damages.

Certain applicable laws may not allow all the limitations of liability described herein. Should that be the case, our total liability, in any event, is limited to the amount, if any, actually paid by You for use of Our Sites and/or Services for the one month period ending on the date a claim is made, and You hereby release Us and Our employees and representatives from any and all obligations, liabilities, and claims in excess of this limitation.

Indemnity

You agree to indemnify and hold Us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses including, but not limited to, attorney fees, as well as third party claims and causes of action, arising out of any breach by You of any of these Terms and Conditions, or any use by You of the Sites and/or Services. You shall provide Us with such assistance, without charge, as We may request in connection with any such defense, including, but not limited to, providing Us with such information, documents, records and reasonable access to You as We deem necessary. You shall not settle any third party claim or waive any defense without Our prior written consent.

Attorney Fees

In the event we file an action again You claiming You breached this Agreement and seeking to recover liquidated damage and/or other relief, and We prevail, We shall be entitled to recover reasonable attorney fees in addition to any damages or other relief which We may be awarded.

Reporting Violations

If You become aware that any other person is violating any of the Terms and Conditions of these Sites, please notify Us immediately using the contact page on Our Site. If You believe that any person has posted material in violation of any copyrights that You may have, You may notify Us via the contact form on Our Site. If You believe that any user of these Sites has posted materials in violation of any other rights that You may have, You may notify Us in accordance with Our Removal Policy.

Applicable Law and Jurisdiction

In using Our Sites and/or Services, You agree that You will comply with all applicable laws.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Tennessee. Except as otherwise provided in this Section below, each of the parties does hereby agree that any dispute related to this Agreement, and any other agreement between the parties, the Privacy Policy or the Services, will be decided by the state and federal courts located in Nashville, Tennessee, and agrees that the party is subject to the jurisdiction of such courts in such locality. If, under applicable law relating to the selection of venue in Tennessee, a case may not be brought in a court located in Nashville, the case may be filed in a state or federal court of competent jurisdiction located in the State of Tennessee where the case may be brought.

Assignments

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, or otherwise transferrable by You. Any transfer, assignment, or delegation by You is invalid. We may assign all rights to any other individual or entity at Our discretion.

Force Majeure

We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond Our control and without Our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, hurricanes, tornadoes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

eZine / Newsletter

You understand that by entering Your name and email address on Our Sites and/or on a sign-in or registration paper at a live event that You are subscribing to a free, no obligation email newsletter (also referred to as “eZine”). This newsletter is offered as a free service by the Company and no purchase is necessary. All newsletters will contain a link to unsubscribe should You wish to do so. If You have any trouble unsubscribing, You may contact Us through the contact page on Our Site for personal assistance.

Testimonials

Testimonials are all true, reflect the opinions and experiences of real Customers of the Company, Our products and Our Services, and are submitted to Us voluntarily by Customers. If You would like to submit a testimonial to Us, You agree that it becomes the exclusive property of the Company which includes, but is not limited to, the rights to reproduce, edit (for length and grammatical correction, but not for general content), and/or publish the testimonial which may include Your name or initials, Your city/state/country of residence, Your photo and/or Your website. Some Customers that have submitted testimonials may have received a non-cash gift as a “thank you” in appreciation for the time invested in writing or recording a testimonial. Thank you!!

Miscellaneous

You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.

In the event of a security breach that may affect You, We will notify You of the breach and provide a description.

Changes to this Agreement will be made by and for Us only. We cannot, as a practical matter, change this Agreement for any one Member or group of Members.

Privacy Policy and Entire Agreement

You agree that We may access, collect, use and disclose Your information as set forth in Our Privacy Policy. In this regard, the terms of the Privacy Policy are to be treated as if they were added to and part of this Agreement and shall be binding on all parties hereto.

The terms of the Privacy Policy posted on this Site are incorporated by reference herein.

This Agreement, including Privacy Policy incorporated by reference herein, constitutes the entire Agreement between You and Us pertaining to the Sites and Services, and supersedes all prior and contemporaneous agreements, representations, and understandings between Us. No waiver of any of the provisions of this Agreement by Us shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Us. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Updated: October 2015