Sarah Kleiner Wellness Purchase Policy
Payment Processing and Order Confirmation.
- When placing an order for Products available for purchase, you agree that: (i) We, through a third party payment processor of its choosing, may charge the credit card, debit card or other payment method you have chosen for your purchase for the total amount of your order; (ii) to provide current, complete and accurate purchase and account information; (iii) to promptly update Your Account (defined below) and other information, including your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact you as needed; and (iv) to bear any additional charges, including, but not limited to, taxes, overdraft fees, and, where applicable, foreign service charges your bank, credit card company or financial service provider may levy against you as a result of your purchase on our Site( the “Charges”). For the avoidance of doubt, We are not responsible for said Charges. Any disputes regarding said Charges are to be resolved with your financial service provider.
- If you purchased a Product and are on a payment plan, you will agree to the schedule, which will outline the amount of each payment installment and when that installment amount is due. By purchasing the Product using a payment plan you agree that (i) We, through a third party payment processor of its choosing, may charge the credit card, debit card or other payment method you have chosen for the total payment installment due at the scheduled date; and (ii) that you will be responsible for any Charges (defined above). Your obligation to pay any outstanding balance due under a payment plan shall survive termination of this Agreement or your access to Your Account.
- In the event that your payment is refused or declined, We reserve the right to disable Your Account until your payment is processed or terminate your access to Your Account in perpetuity.
- Notwithstanding the foregoing, We may reserve the right to not process or reject your order in certain circumstances such as, your payment method is declined, if we suspect your order is fraudulent, or in other circumstances We deem appropriate in our sole discretion.
- Once your order is processed (meaning your method of payment was completed, not declined or otherwise rejected during checkout), you will receive an email confirmation of your purchase, which will include next steps to access the Product. If you do not receive an email confirmation, please email the contact listed below.
- Once your order is confirmed, you will be asked to create an account with a unique username and password to log in and access the Products (“Your Account”) on our Site. You agree to treat Your Account as a piece of confidential information and to not disclose Your Account details to any third party. By creating Your Account, you further agree to not disclose or share any of the Products to portions of the Products you ordered, or other information protected under the Terms to any third party. Accordingly, you agree to take all necessary precautions to ensure the security of Your Account including, but not limited to, keeping the login information in a secure place, logging out after each session, and notifying us when there is any unauthorized access to Your Account.
- We have the right to disable Your Account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Access to Our Site & Intellectual Property (IP). By purchasing the Products through Our Website, you will obtain access to images, blog posts, written works, products, guides, resources, slides, and other materials that are unique assets belonging to us or we have obtained the appropriate consents, licenses, or permissions to feature on our Website (collectively, the “Content”). Your purchase of the Products in no way conveys or transfers any rights to the Content or any other proprietary information, trademark, or logo provided or contained in the Content. Accordingly, We hereby grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the Products and the Content available to you on our Website for your personal, non-commercial use only. We reserve and retain the right to prosecute any usage that exceeds this limited license or is inconsistent with the Terms to the full extent of the law, including all criminal charges and civil damages. For the avoidance of doubt, you accept that you are not authorized to use the Content in a manner that infringes on our rights or in a manner that has not been authorized by us through our prior written consent.
Refund Policy. In the event that you are not satisfied with the Products you purchased, you are entitled to receive a full refund, provided you submit your refund request to the contact listed below. If an emergency situation arises at any point that precludes you from completing a Product (i.e. a program or course), please contact us to discuss your options for deferred enrollment or a refund. Once We receive your refund request, your refund will return to the payment method that was used to purchase the Products. Additionally, We will terminate your access to Your Account immediately.
Contact. Please submit all questions or refund requests to: [email protected].
Product Descriptions and Access.
- From time to time, We may, in our sole discretion, alter the Products, Product descriptions, and pricing without notice. Additionally, We may discontinue the Products at any time, but will provide reasonable notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any of the Products.
- We may elect to host our Products on a different Platform, in which case We will provide reasonable notice to update or move Your Account to the appropriate platform. We shall not be liable to you or to any third-party for your failure or refusal to change Your Account or move Your Account to the appropriate platform. For the avoidance of doubt, You will not be entitled to a refund in this instance.
- The information contained within the Products is for general informational purposes only. Please be advised that the Products in no way are meant to be a substitute for medical advice. We therefore make no representation or warranty concerning the reliability, safety, efficacy, or any specific result relating to the Products. By implementing any of the methods or systems discussed or included in our Products, you assume all responsibility and risk for the use of the tips, advice, or information shared within our Products. Reliance on such advice, information or the content available through our Products is solely at your own risk, including without limitation any safety guidelines, resources or precautions related to the Products, any information related to safety precautions to take when using the methodologies discussed within the Products or any other action we discuss or share on our Website. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
- WE LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL ACHIEVE A SPECIFIC RESULT OR WILL WORK AS YOU ENVISION OR THOUGHT A PRODUCT WOULD WORK. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN ABILITY TO IMPLEMENT CERTAIN METHODOLOGIES, PROCESSES OR IDEAS SHARED VIA OUR WEBSITE OR THROUGH THE PRODUCTS AS EXECUTING THE SAME IS ENTIRELY DEPENDENT ON YOU, YOUR HEALTH, MEDICAL CONDITIONS, MEDICATIONS, OR LIFESTYLE. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, WE CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR THE SUCCESS OF THE PRODUCTS. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
Limitation of Liability.
- TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER WE NOR OUR CORPORATE AFFILIATES, NOR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, EMAIL SENT IN CONNECTION WITH OUR WEBSITE OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION NOT OTHERWISE ALTERED OR WAIVABLE UNDER APPLICABLE LAW SHALL EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR MAKING ANY PURCHASES ON OUR WEBSITE OR SHOP.
- ADDITIONALLY, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH OUR WEBSITE. ANY SUCH WEBSITE IS INDEPENDENT FROM US, AND WE HAVE NO CONTROL OVER, OR RESPONSIBILITY WITH RESPECT TO, THE INFORMATION PROVIDED OR ACTIVITIES UNDERTAKEN BY ANY SUCH WEBSITE.
Indemnity. You agree to defend, indemnify, and hold harmless us, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you of these Terms or arising out of (i) a breach of your obligations, representation and warranties under these Terms or any law or regulation; (ii) your violation of anyone’s rights, including intellectual property rights; or (iii) any disputes between you and a third party.
Governing Law. The Terms shall be construed in accordance with and governed by the laws of the state of Georgia.
Remedies and Waiver of Class Action.
- With the exception of any disputes regarding Product purchases you made through our Site, any remedy available under these Terms, applicable law or equity shall be available to the parties. Notwithstanding the foregoing, any controversy or claim brought by you arising out of or relating to your use of our Website shall be settled in a Georgia court of competent subject matter jurisdiction. The Parties hereby irrevocably submit to venue and exclusive personal jurisdiction in the federal and state courts in the State of Georgia (“Selected Jurisdiction”) for any dispute arising out of these Terms. The Parties hereby irrevocably waive any and all objections that any Party may now or hereafter have to the exercise of personal and subject matter jurisdiction in the Selected Jurisdiction and to the laying of venue of any such proceeding or action brought in the Selected Jurisdiction.
- YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND AGREE TO LITIGATE THIS IN YOUR INDIVIDUAL CAPACITY. THIS PROVISION SHALL SURVIVE TERMINATION OF THE TERMS.
Severability. If any provision of these Terms are held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.
No Waiver. Our failure to insist on strict compliance with any of the terms, covenants, or conditions of these Terms will not be deemed a waiver of that term, covenant, or condition, nor will any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.