TERMS AND CONDITIONS OF USE
Terms and Conditions of Use for Laura Guilmain, LLC
Last Updated on 9.24.20
NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of our products, including online courses.
This website is owned and operated by Laura Guilmain, LLC, a Utah limited liability company. Our principal place of business is located at 314 W Broadway, #222, Salt Lake City, Utah 84101. You must be at least sixteen years of age to use our website. use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety of your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT
All programs, products, and Services are owned and provided by Laura Guilmain, LLC (“Company” or “we” or “us” or “our”). The term “you” or “your” refers to any user or purchaser of said program(s), product(s) or Service(s) (the “Offering”). These Terms and Conditions of Use govern and define how you are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not you have read them. If you do not agree with any of Our Terms and Conditions of Use, please email us at firstname.lastname@example.org and We will make reasonable efforts to remove your name, email, and access to our Offering and website(s).
YOUR PRODUCT OR COURSE USE AND CONSENT
When you purchased our Offering, you were given a reasonable notice that these Terms and Conditions of use existed. By moving forward with your purchase of the Offering and further access of the Offering, you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree you are at least 18 years old or of age in your applicable jurisdiction to access the Offering. Access of our Offering and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and Service marks are owned by and property of Laura Guilmain, LLC, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may use our intellectual property with clear and obvious credit back to our site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.
DIGITAL DOWNLOADS AND ONLINE COURSE INTELLECTUAL PROPERTY LIMITED LICENSE
Any and all materials, paid or free, that you access on this or any related domains that contain our Offering are under the sole ownership or licensed use of Laura Guilmain, LLC.
To be clear, we own our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of our website(s), program(s), product(s), Service materials, or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non- commercial use only in order to access any content or materials in the Offering you have paid for or opted to receive. If you exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole.
● Access the Offering for your personal use (if additional members of your team need to access the Offering, you must purchase additional Offerings at one per each team member).
● Download and/or print any Offering materials for your personal use in your business (if additional members of your team need to download and/or print any materials from the Offering, you must purchase additional Offerings at one per each team member).
● Use our trademarks and copyrighted materials with our consent and proper credit and marking, namely, citing © Laura Guilmain, LLC as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with TM.
You may not:
● Re-sell or trade your access to the Offering.
● Share the Offering with anyone else who has not yet purchased it or opted in to receive it.
● Reprint or republish any of the Offering, in part or in whole.
● Distribute any of the materials contained in the Offering or related materials and/or communications as your own, otherwise known as stealing.
● Reproduce and tweak any part or whole of the Offering for distribution as your own work.
● Claim ownership or use over any of our intellectual property without our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
● Use our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
REQUEST FOR PERMISSION TO USE CONTENT
If you wish to use, publish, or access any of our content, Offering(s), or related materials, you must do so by requesting permission prior to commencing use of the same by emailing us at email@example.com.
CIVIL AND CRIMINAL PENALTIES
Even though our Offering is not necessarily something you can physically hold in your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Utah by opting into or purchasing any Offering or accessing its related communications and/or materials.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by us, including but not limited to third-party access sites, such as our Facebook group(s) or online software platforms that we use to distribute our Offering and related materials, you agree that we have a non-revocable, commercial license to re-publish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy by accessing our Offering or related materials, and we reserve the right to disclose your participation in the same.
You must own the copyright to any image(s) you use by default or voluntarily on our platforms or in our Offering or related materials. You grant us a commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Offering, or voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
NOTIFICATION OF USE
We are not obligated to notify you or anyone in photographs of our publication or other use of any image or images you submit by default or voluntarily.
SECURITY AND ASSUMPTION OF RISK SECURITY
It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or Shopify. By utilizing these payment processors to gain access to the Offering, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing our Offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to you.
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal, or financial questions, you should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses, or the materials contained herein. This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at firstname.lastname@example.org.
You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. Therefore, we cannot guarantee your success merely upon access or purchase of our Offering(s) or related material(s).
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by ordinary negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if we are, during the course of this Offering and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.
THIRD PARTY DISCLAIMER
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including you.
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Offering(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third-party provider, such as Teachable.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in our Offering(s) or related material(s). We are not liable for any damages due to any errors or omissions on the website, delay or denial of any products, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures or misuse of information or products.
NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of the content on this site or content from our email list is at your own risk. Laura Guilmain, LLC does not guarantee any results from using this content and is for educational purposes only. It is your responsibility to do your own research, consult, and obtain a professional for your medical, legal, financial, health or other help that you may need for your situation. If you have entered into a coaching or consultation services agreement, please reference that agreement for details about the professional-client relationship.
The testimonials, statements, and opinions presented on Laura Guilmain, LLC are applicable to the individuals who wrote it. Results vary and may not be representative of the experience of others. The testimonials are voluntarily provided and are not paid, nor were they provided with free products or services, or any benefits in exchange for their statements. The testimonials are representative of client experiences, but the exact results will be unique and individual to each client.
Laura Guilmain, LLC welcomes comments on blog posts. All comments submitted to www.lauraguilmain.com are the opinions of the author and do not necessarily reflect or represent the views, policies or positions of Laura Guilmain, LLC. Laura Guilmain, LLC reserves the right to use its own discretion when determining whether or not to remove offensive comments or images.
If Laura Guilmain, LLC writes sponsored posts or accepts free products for review, it will be clearly indicated in the respective posts or reviews. All thoughts and opinions written by Laura Guilmain, LLC are our own. Any links to products or services on this website have been used by Laura Guilmain, LLC, and we think it is high quality.
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to our Offering(s) .
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or in relation to our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of our Offering(s) and related material(s).
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).
No party will be liable for nonperformance of any of its obligations under the agreement if its nonperformance was due to a Force Majeure Event as defined in paragraph (B) of this Article, on condition that such party complies with the conditions in paragraph (C) of this Article. A Force Majeure Event shall mean any act of God; war; riot; civil strife; act of terrorism, domestic or foreign; embargo; governmental rule, regulation or decree; flood, fire, hurricane, tornado, or other casualty; earthquake; strike, lockout, or other labor disturbance; the unavailability of labor or materials to the extent beyond the control of the party affected; pandemic; quarantine; or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. Upon occurrence of a Force Majeure Event, the non-performing party shall promptly notify the other party that a Force Majeure Event has occurred, its anticipated effect on performance, including its expected duration. The non-performing party shall furnish the other party with periodic reports regarding the progress of the Force Majeure Event. The non-performing party shall use reasonable diligence to minimize damages and to resume performance.
We take your investment seriously, and we’d appreciate if you took our investment of time and resources into your success seriously, too. See below for details regarding refunds.
DIGITAL PRODUCTS REFUNDS
Due to the digital nature of ebooks, PDFs, and information products, and the fact that digital content cannot be returned, our ebooks and digital products are non-refundable once downloaded. If you are unable to download the digital product please contact us at email@example.com for assistance. We feel confident that we’ve laid out everything you get in our products in the descriptions of the products. Please read the details and description of each product so you understand exactly what you are buying. Additionally, digital information products are designed to be performed to completion; failure to complete will reduce or eliminate its effect upon the Customer. We’re invested in making sure you have the best experience possible, so please email us at firstname.lastname@example.org with any questions about what is included and what is not included so you can make the best decision for you. Though Laura Guilmain, LLC strongly believes in the value of the content found within its information products, results are not guaranteed. Laura Guilmain, LLC disclaims any express or implied warranties.
COURSE PURCHASE REFUNDS
Within 30 days of your initial purchase or payment of the course Offering, we will refund you if you have accessed all the Offering materials, provided us with proof of completion including worksheets/coursework exercises, and agree to a 30-60 minute phone call to discuss why the Offering was not a good fit for you.
You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 30th day, you will not be granted a refund. All refunds are discretionary as determined by Laura Guilmain, LLC.
We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
COACHING AND CONSULTING SERVICES REFUNDS
Services rendered, including coaching or consulting, are not refundable. Appointments require payment upon booking, with the exception of the free consultation call (clearly marked as free upon booking). Should you choose not to complete or attend the session, see cancellation and rescheduling policy below. Partial or full payment will be kept, as outlined below, for work invested in research, Client contact, and any other service provided during the time Parties worked together.
There are absolutely no refunds on coaching and consulting once the services are rendered. We cannot guarantee results in a coaching or consulting relationship, because results depend on your openness to being coached and your willingness to do the work.
If you are not completely satisfied with your investment and are on a payment plan, you may request we stop collecting on future payments and you may stop scheduling or cancel pending appointments per our cancellation policy below.
If you made a payment in full, and are unsatisfied, you may request a refund for any coaching or consulting sessions NOT rendered.
COACHING AND CONSULTING SERVICES CANCELLATION AND RESCHEDULING POLICY
Please be advised you can cancel or reschedule your session up to 23 hours before the scheduled service via email, and the cancellation will be processed without a penalty.
Cancellations or rescheduling made 23 hours or less before the scheduled service will be subject to a charge of $50, but you will not be charged for the full session. This includes appointments where the service provider is unable to access the property (if in person session), is turned away, or you are unavailable. As a courtesy, your appointments are confirmed electronically 24 hours before your scheduled appointment by email from our online appointment scheduling software because we know how easy it is to forget an appointment. From this confirmation email, you have the option of the following without a charge:
• Reschedule/change/modify your appointment from your online account;
• Cancel your appointment from your online account;
• Respond back by email with any changes or issues
If you are late for your scheduled session, it will shorten your time and service provider is not obligated to make up the time.
If you are a “no-show”, service provider will charge you 50% of the service amount.
You agree to pay all fees, and to not charge back any Payment. Any chargebacks will result in you paying associated chargeback fees and costs and expenses in responding to the requested chargeback.
If you have signed up for a payment plan, you hereby authorize our continued access to your financial information stored by our third-party financial processing company referenced in this Agreement until your payment plan is complete, as set forth in your acceptance of the purchase terms upon checkout.
REVOCATION OF ACCESS
You have the unilateral right to terminate your use and access to any of our Offering(s). Please send an email to email@example.com to initiate this process. Termination will not excuse you of further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and you agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
If you and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you may file a civil cause of action, and the prevailing party is entitled to recover attorney’s fees and court costs.
If you are found to be slandering, libeling, or otherwise disparaging our Company, Offering(s), or related materials at our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm our Company.
LAW AND JURISDICTION
ALL RIGHTS RESERVED
Address: Laura Guilmain, LLC
2223 Highland Drive
#E6-285 Salt Lake City, Utah, USA, 84106