TERMS AND CONDITIONS OF PURCHASE
By purchasing ANY digital program, Program or event (the “Program”) from Grateful Guidance, LLC and Shilamida Kupershteyn (“Coach”), you agree and consent to the following legal terms and conditions that govern your use of the Program and that form a legal agreement between you and the Coach.
You must be at least 18 years of age or older to purchase this Program. The Program is available for individual purchase only. Friends, family, partners, colleagues, etc, will need to each purchase the Program individually. You are expressly prohibited from sharing access to the Program with anyone else. Additionally, you have no right to assign this Agreement as this Program is non-transferable.
EARNINGS DISCLAIMER AND INDIVIDUAL RESPONSIBILITIES
This Program does not guarantee income, success, or any projected increase in sales, revenue.
Coach cannot guarantee any success from taking this Program. Each person’s success and results depend on many factors, including dedication, desire and motivation. You accept the risk of not achieving any results (or less than desirable results) from taking the Program. This Program does not provide any professional financial, legal, medical or psychological services or advice. None of the content of the Program cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Coach disclaims any liability for your reliance on any opinions or advice contained in the Program. Any third-party links to products or services are subject to separate terms and conditions. Coach is not responsible for or liable for any content on or actions taken by such third-party websites. Although Coach may recommend third party sites, products or services, it is your responsibility to fully vet such third parties before entering into any transaction or relationship with them.
You are responsible for paying for the Program in full and for providing Coach with a valid credit card or other payment method. If the payment is declined, returned or deemed fraudulent, your access to the Program will be terminated until all payments are made in full. If you enrolled through the payment plan and you miss a payment, your access to the Program will be suspended until you provide a valid credit card or other payment method. Multiple missed payments may result in termination of your access to the Program unless all remaining payments are made in full.
Given the nature of the Program, no refunds will be offered.
This Program includes materials protected by copyright, trademark and other intellectual property laws. Such materials include but are not limited to written text, workbooks, videos, audio recordings, photos, designs and graphics. Any reproduction or unauthorized use shall constitute infringement. Duplicating, sharing or uploading Program files to sharing sites is considered stealing and Coach may prosecute such misconduct to the fullest extent permitted by law. Coach provides you with this Program solely for your personal, noncommercial use and you agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. You will not use the Program in a manner that constitutes infringement or that has not been authorized by Coach. More specifically, you may view, download, print, email and use these materials for your personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from the Program for commercial purposes. Additionally, you may not modify, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit or distribute in any manner or medium, including by email or other electronic means, any material from the Program.
To access certain features of the Program, you may need a username and/or password. You agree to keep this information confidential and not share it with anyone else. If Coach has reasonable grounds to suspect that you have shared your username and/or password with anyone else, or forwarded Program material to any other person, Coach has the right to suspend or terminate your account and refuse any and all current or future use of the website and online Programs, in whole or part, without refund.
Coach and her third party vendors may collect information from you when you purchase the Program, fill out any type of form, access private membership pages, or otherwise contact Coach via an online form, e-mail or through social media. The information collected may include your name, e-mail, address, phone number, and billing information. Coach collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee promotions and improve website performance and customer service. By purchasing the Program, you will be subscribed to Coach’s e-mail list if you are not already a subscriber. If you wish to unsubscribe from receiving e-mails from Coach unrelated to the Program, you may do so at any time. Each e-mail from Coach includes a link to unsubscribe from e-mail communications. Coach may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to analyze website and advertisement performance, track user patterns, save information from your previous visits and customize your experience. Coach respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties for marketing or advertising. Coach may, however, share your information with third party service providers working on Coach’s behalf to serve you. Examples include companies and individuals we have engaged to maintain and update websites, private membership sites or e-mail platforms or to process financial transactions. Coach may also be required by law to release information in certain circumstances. Please note that any comments or information that you post on the Program website, including any private membership sites and private Facebook groups, are not private and third parties may make use of your information. Coach is not responsible for any unauthorized uses by third parties in such context. Any third-party links to products or services are subject to separate privacy policies. Coach is not responsible for or liable for any content on or actions taken by such third-party websites. This Program is targeted and intended for persons over the age of 13. Coach does not knowingly collect information from anyone under 13 years of age.
You are strictly forbidden from the following: • Causing damage to the Program website or private membership site • Using the Program website or private membership site for any unlawful, illegal, fraudulent or harmful purpose or activity • Using the Program website or private membership site to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software • Using the Program website or private membership site to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes • Systematically or automatically collecting data from the Program website or private membership site • Sharing private, copyrighted and proprietary information from the Program with anyone else or otherwise sharing your username and/or password.
PRIVATE FACEBOOK GROUP
Every term and condition of this Agreement equally applies to any activities in any private Facebook group created for members of the Program (the “Group”). The Group is a complimentary bonus and subject to Facebook terms and conditions. Coach does not have authority or control over Facebook and cannot predict any changes or rules to Facebook. Coach is not liable for the Group being made available to you or your rights to access Facebook. Additionally, Coach may institute community rules and guidelines for the Group with which you agree to comply.
You agree to indemnify, defend and hold harmless Coach and her agents and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY THE INFORMATION, PRODUCTS AND SERVICES OFFERED IN THE PROGRAM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COACH DOES NOT WARRANT THAT THE PROGRAM WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE, INABILITY TO USE, OR PURCHASE OF THE PROGRAM. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM. NOTWITHSTANDING THE FOREGOING, ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PROGRAM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITED OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COACH’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
CONSTRUCTION OF AGREEMENT
This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of Coach to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of the Agreement shall not be construed against the drafting party.
Any indivual purchasing an in-person event or retreat have a duty to self-monitor for signs and symptoms of COVID-19. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their own treatment.
DUTY TO SELF-MONITOR
Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and act accordingly with responsibility.
ASSUMPTION OF THE RISK. I acknowledge and understand the following:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties;
3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties
What information do we collect?
We collect information from you when you place an order, subscribe to our newsletter or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or credit card information.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or other rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. Such information may be shared with:
- [Infusionsoft, Wommcommerce, WordPress, Printful, Stripe, Gravity Forms, Instagram, Yoast.]
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Are you located in the EU?
If you are located in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
1. What personal data does Balanced Soul Bodyworkers LLC and Grateful Guidance LLC collect from you?
Balanced Soul Bodyworkers LLC and Grateful Guidance LLC only collect Personal Data about you when you voluntarily provide such information to Balanced Soul Bodyworkers LLC and Grateful Guidance LLC or when Personal Data about you is automatically collected in connection with your use of the Services.
2. Personal Data collected includes, without limitation, the following:
- First and Last name
- Email address
- Phone number
- Location information: Zip code, City, State, Country, IP address
- Links to your social media accounts
- Device Identifiers
- Cookies and other tracking technology
- Web browser information
- Browsing history
- Page view statistics
- Log Data
- Any other information you choose to share publicly on blog posts or on social media posts
3. What Rights Do You Have Regarding Your Personal Data?
Your rights are set forth below. For more information, please email email@example.com. Note that Balanced Soul Bodyworkers LLC and Grateful Guidance LLC may need you to provide additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
- Right to Rectification: If you believe that any Personal Data is incomplete, you can request that Balanced Soul Bodyworkers LLC and Grateful Guidance LLC correct or supplement such data. Please submit requests to the controller at firstname.lastname@example.org
- Right to Erasure: You have the right to be forgotten. Feel free to request that we erase some or all of your Personal Data from our systems by submitting a request to the controller at email@example.com
- Right to Restriction of Processing: You can ask us to restrict further processing of your Personal Data. Please submit requests to the controller at firstname.lastname@example.org.
- Right to Data Portability: You can ask for a copy of your Personal Data in a machine-readable format or request that we transmit the data to another controller where technically feasible. Please submit requests to the controller at email@example.com
- Right to Object: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes. Please submit requests to the controller at www.shilamida.com.
- Right to File Complaint: You have the right to file a complaint about www.shilamida.com’s Personal Data practices with the supervisory authority of your country or EU Member State.
- Right to Withdraw Consent: You have the right to withdraw your consent at any time. Please submit requests to the controller at firstname.lastname@example.org.
- Transfers of Personal Data: The Services are hosted and operated in the United States (“U.S.”) through TheStartUpPro.com and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you will be hosted on U.S. servers, and you authorize TheStartUpPro.com to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.
Last updated: August 10, 2018
By accessing www.shilamida.com, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
- Use of Site
- You understand that, except for information, products or services clearly identified as being supplied by, Balanced Soul Bodyworkers LLC and Grateful Guidance LLC does not operate, control or endorse any information, products or services on the Internet in any way. Except for Balanced Soul Bodyworkers LLC and Grateful Guidance LLC – identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Balanced Soul Bodyworkers LLC and Grateful Guidance LLC
- You also understand that Balanced Soul Bodyworkers LLC and Grateful Guidance LLC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
- You assume total responsibility and risk for your use of the site and the internet. Balanced Soul Bodyworkers LLC and Grateful Guidance LLC provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any information or service provided through the internet or Balanced Soul Bodyworkers LLC and Grateful Guidance LLC shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.
- The materials on www.shilamida.com’s web site are provided “as is”. Balanced Soul Bodyworkers LLC and Grateful Guidance LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Balanced Soul Bodyworkers LLC and Grateful Guidance LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the service or on the internet generally. Balanced Soul Bodyworkers LLC and Grateful Guidance LLC does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
- You understand further that the pure nature of the internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Your access to such materials is at your own risk. Balanced Soul Bodyworkers LLC and Grateful Guidance LLC has no control or affiliation whatsoever for such materials.
- Balanced Soul Bodyworkers LLC and Grateful Guidance LLCreceived a commission through some links on www.shialmida.com. We reserve the right to link to and feature items that align with Balanced Soul Bodyworkers LLC and Grateful Guidance LLC. These affiliate programs do not influence any information on this site.
- Your Responsibilities
You are responsible for the use of this website. You may not use the site that may damage or impair our servers. You may not gain access to our network. By using this site, you agree that you will not modify, copy, reformat or alter this site in any way.
- Limitation of Liability
In no event will Balanced Soul Bodyworkers LLC and Grateful Guidance LLC be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for less of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. even if Balanced Soul Bodyworkers LLC and Grateful Guidance LLC or its authorized representatives have been advices of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Balanced Soul Bodyworkers LLC and Grateful Guidance LLC liability is limited to the greatest extent permitted by law.
Balanced Soul Bodyworkers LLC and Grateful Guidance LLC makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non– Balanced Soul Bodyworkers LLC and Grateful Guidance LLC web site, please understand that it is independent from Balanced Soul Bodyworkers LLC and Grateful Guidance LLC, and that Balanced Soul Bodyworkers LLC and Grateful Guidance LLC has no control over the content on that web site. In addition, a link to a Balanced Soul Bodyworkers LLC and Grateful Guidance LLC web site does not mean that Balanced Soul Bodyworkers LLC and Grateful Guidance LLC endorses or accepts any responsibility for the content, or the use, of such web site.
The materials appearing on www.shilamida.com’s web site could include technical, typographical, or photographic errors. Balanced Soul Bodyworkers LLC and Grateful Guidance LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Balanced Soul Bodyworkers LLC and Grateful Guidance LLC may make changes to the materials contained on its web site at any time without notice. Balanced Soul Bodyworkers LLC and Grateful Guidance LLC does not, however, make any commitment to update the materials.
- Links to third party websites
- Promotions and giveaways:
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
- Submitted content
- Copyright Policy
Procedure for reporting copyright infringements:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of the copyrighted works claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit push to locate the material;
- Contact information for the notifier, such as an address, telephone number and, if available, an e-mail address;
- A statement that the notifier has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent, it is Balanced Soul Bodyworkers LLC and Grateful Guidance LLC’s policy to:
- to remove or disable access to the infringing material;
- to notify the user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and will terminate such user’s access to the website and service.
You agree to indemnify, defend and hold harmless Balanced Soul Bodyworkers LLC and Grateful Guidance LLC., its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
- Third Party Rights
The provisions of paragraphs 1 (Use of Site), and 11 (Indemnification) are for the benefit of Balanced Soul Bodyworkers LLC and Grateful Guidance LLC and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- DMCA Notice
DMCA Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
- Legal Disclaimers
No Refund Policy. All sales are final. We seek to ensure that every effort is made to satisfy all our clients/customers in lieu of payment refund. No exceptions will be made regarding the payment policy.
Liability. Every effort has been made to accurately present information, resources, programs and their potential. Any testimonials or examples of actual results can be verified upon request. The testimonials and examples used don’t apply to the average attendee/client/purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire, and motivation. As with any endeavor, there is an inherent risk and there is no guarantee that you will see immediate or favorable results. This site has been created as a resource to aid in the process of personal branding and is not inclusive of all possible techniques and strategies. Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.
Copyrights. This Web site and information contains copyrighted material, trademarks, and other proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, on in any way exploit, in whole or in part, any Proprietary or other Material.
License. All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. Our company reserves all rights not expressly granted here.