PLEASE READ CAREFULLY AND IN FULL BEFORE PURCHASING AND ACCESSING SAFER EVERYDAY, AS YOUR PURCHASE AND ACCESS CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE.

Terms and Conditions of Use for SAFER EVERYDAY

Please read carefully before purchasing and accessing Safer Everyday, as your purchase and access constitutes your agreement to these terms and conditions of use.

TERMS AND CONDITIONS OF USE FOR SAFER EVERYDAY
This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding agreement between you (“you,” “your,” “customer,” “client,” “user,” or “users”) and Kristen Toth d/b/a Our Embodied Healing (“us,” “we,” “our,”“Business”). This Agreement sets forth the terms and conditions for your use of Safer Everyday (“Product”). This Agreement is between you and Our Embodied Healing only, and not with any other person or entity. Our Embodied Healing is solely responsible for the services, content, and materials provided through the Product. By purchasing and accessing Safer Everyday, you acknowledge and agree to be bound by the terms of this Agreement.

This Agreement shall become effective between you and the Business by clicking “Complete Order” “Purchase,” or any other phrase on the purchase button for the product, and submitting your credit card information or other billing method for payment in full or in part; it may only be terminated for the reasons set forth below.

Please read these terms and conditions carefully before purchasing and accessing the Product. We reserve the right to change, update or modify these terms and conditions by posting updates to the website or platform where the Product is accessed, or via email. It is your responsibility to periodically review the terms and conditions and check for updates. Your continued use of the Product constitutes acceptance of these terms, including any changes.

DISCLAIMER AND LIMITATION OF LIABILITY
Nothing in this Agreement shall be construed as a promise or guarantee from using the Product. You acknowledge and agree that the Business makes no such promises or guarantees, and is not responsible for results, success, or lack thereof as a result of your use of the Product. Your use of the Product is at your own risk. By purchasing the Product, you acknowledge and agree to accept any and all risk associated with and arising out of your use of the Product, whether foreseeable or unforeseeable. You agree that the Business will not be liable for any damages resulting from any delay or denial in the use of the Product, any errors or system failures in the use of the Product, any other failure of performance of any kind, or any use or misuse of the Product. In no event shall the Business be liable for any indirect, direct, special, punitive, exemplary, or consequential damages, injuries, or loss arising out of your use of the Product. If no exclusion or limitation of liability is allowed, our liability is limited to the fullest extent permitted by law, and in no event shall our cumulative liability to you exceed the purchase price of the Product, and if no purchase has been made, in no event shall exceed $100.00 USD.

No professional-client relationship has been formed between you and the Business by your purchase or use of the Product. The Product is for educational purposes only, and does not constitute medical or therapeutic advice. The Product is not a substitute for professional counseling or psychotherapy, medical or psychiatric care, or treatment for substance abuse or addiction, and should not be used in place of or as a substitute for professional diagnosis and treatment.

You agree and acknowledge the Business is an educator and coach, and not a licensed physician or licensed mental health professional. You agree that any communication with the Business about your use of or experience with the Product does not constitute coaching, does not form a coach-client relationship between you and the Business, and that a response from the Business to such communication is based upon the Business’s discretion and availability. You agree to seek the advice of a licensed physician and/or licensed mental health professional with any questions or concerns you may have regarding your individual medical and mental health conditions and needs, and before beginning any type of health or wellness plan or practice that may be part of the Product. You hereby release and discharge the Business for any injury, damage, or loss arising out of your use of the product, regardless of the cause and including accidental injuries.

PRODUCT ACCESS
The Product shall only be accessed by you, the customer on record with the Business. You agree that the Product, including any usernames, passwords, links, and downloaded materials, shall only be used by you for your own personal education, and may not be sold or distributed without the Business’s prior express written consent. Your access to the Product may be revoked for failure to abide by these Terms and Conditions of Use, or for failure to make timely and full payments to the Business for your purchase of the Product.

The Product may be transmitted by the Business through a third-party platform. The Business reserves the right to substitute service at any time, provided that it is of a comparable nature and value and it is reasonable for the Business to do so as determined by the Business. Access is presently available to the Product through Circle and YouTube. The Business is not liable for any limitation of access to the Product caused by a third-party platform.

Your purchase of the Product gives you access to audio and video recordings hosted on Circle and YouTube for as long as the course exists. Accessing the Product may require the creation of a username and password on a third-party platform, as well as providing additional personal information, including your name, address, email, and other information to that platform. You agree to keep any information up to date, to not share this information with third parties, to use the correct information, and to use it only for the purposes intended: your own personal education. If your account becomes compromised at any time, you agree to change your password and notify us immediately.

INTELLECTUAL PROPERTY - LICENSE AND RESTRICTIONS
The Product contains intellectual property that belongs to the Business, all rights reserved. Purchase of the Product grants to you a limited, revocable, non-exclusive, non-transferable license to use the Product for your personal, non-commercial use. This does not grant you a license to sell, rent, copy, share or otherwise transmit or disseminate the Product or any content or materials provided in connection with the Product, to or with anyone else for commercial or non-commercial use. You acknowledge and agree that you have no license or right to sell, rent, share, copy, reproduce, modify, enhance, alter, republish, reverse engineer, create derivative works from, upload, post, transmit, disseminate, or publicly display in any manner or medium any content or materials from the Product without prior express written permission from the Business. Additionally, you shall not remove any copyright notice or author designation from any part of the Product or any content or materials provided in connection with the Product.

The Product may contain trademarks, service marks, graphics, and logos that are the property of the Business. Your purchase does not grant you license to use such. You acknowledge and agree that if there is any intellectual property in the Product that is from a third party, your use of the Product does not give you ownership rights or license to use such.

Any violation by you of the license provisions contained herein may result in immediate termination of your license to use the Product, and your access to use will be revoked. Violating this license is strictly prohibited, infringes on the intellectual property rights of the Business, and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Business’s intellectual property rights. We reserve the right, title, and interest not expressly granted under this license to the fullest extent permitted under applicable laws. You acknowledge that the intellectual property contained in the Product is the property of the Business and is protected by applicable copyright and other intellectual property laws and subject to use restriction under those laws.

PAYMENT POLICY
You agree and authorize the Business to charge your designated payment method (credit card or other billing method) for the full purchase price of the Product.

You agree to not make any chargebacks to the Business’s account or cancel your credit card or billing method used without prior express written consent of the Business. In the event a chargeback or merchant dispute is commenced by you with your financial institution for the services received under which payment was owed and you are successful in recovering these funds, the Business will provide this contract to the financial institution as well as evidence of your receipt of the Product.

You agree to pay for any fees associated with the Business having to recover payments, including but not limited to collection fees and attorneys’ fees. The Business reserves the right to report any chargeback incident to credit reporting agencies as a delinquent account.

REFUND POLICY
Your purchase of the Product is non-refundable. Our Embodied Healing does not issue refunds or partial refunds under any circumstances, regardless of whether or not all content, materials, and services included in the Product are accessed or used.

USE OF COMMUNICATION SERVICES
The Product may contain chat areas, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the Business or with other Product users (collectively, "Communication Services"). You agree to use the Communication Services only to share, post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, including the Business; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. 

You acknowledge that other Product users may use the Communication Services to share or disclose information relating to or involving their personal contact information, personal health and history information, or other non-public information, and you agree to not disclose, authorize disclosure, publish, post, circulate, or otherwise disseminate any information learned, disclosed or obtained of any kind, relating directly or indirectly to other users of the Product. You further acknowledge and agree that although confidentiality is required of all Product users, Our Embodied Healing cannot guarantee that other Product users will maintain confidentiality of any information you share or disclose, and you hereby release The Business from any and all claims associated with the disclosure of information you share via the Product’s Communication Services with other users.

The Business has no obligation to monitor the Communication Services. However, the Business reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. The Business also reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.  

The Business does not control or endorse the content, messages, or information found in any Communication Service and, therefore, the Business specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts of the Communication Services are not authorized spokespersons for the Business, and their views do not necessarily reflect those of the Business. 

CONFIDENTIALITY
“Confidential information” shall mean proprietary information about the Business, including but not limited to information relating to the Business’s services, products, business, and operations, including but not limited to business plans, procedures, sources, strategies, curricula, methods, marketing, sales, data, all other non-public information, and know-how or other intellectual property that may be communicated to you in any manner. All confidential information disclosed to you shall remain the property of the Business without prior express written consent. You agree not to disclose or use any confidential information in any manner other than what is permitted under this agreement for the use of the services, or as required by law. Confidential information does not include information that is already known to the public through no fault of yours or through no breach of confidentiality, received from a third party that had the right to disclose such information, or was already in your possession prior to the disclosure. You shall take reasonable steps to safeguard confidential information and to protect the accidental or unlawful disclosure of the Business’s confidential information.

Unauthorized use or disclosure of confidential information by you in violation of this agreement is a breach of this agreement, which may result in irreparable harm to the Business and may be subject to legal action to (1) prevent any further breach of the agreement and (2) any other remedies available in law or equity.

The terms of this section of the agreement shall survive the termination of this agreement.

PROHIBITED USE
You acknowledge that the Product and any connected third-party sites are to be used for the purposes intended above and not for any unlawful purpose or any purpose prohibited by the terms of this Agreement. 

The Product is intended solely for users who are eighteen (18) years of age or older. Your purchase and use of this product is your representation that you are at least 18 years of age.

The Business reserves the right to terminate your access to the Product without notice if your use has not been in accordance with the terms of this Agreement. This includes transmission of any viruses, worms or other destructive codes.

INDEMNIFICATION
You acknowledge and agree to indemnify and hold the Business harmless, including costs and attorneys’ fees, from any damages, losses, liabilities, costs, claim or demand made against you due to or arising out of your use of the Product or your violation of this Agreement; any infringement of third-party rights by you arising out of your use of the Product, such as any intellectual property or other rights of any person or entity arising out of or related to any products or services purchased by you in connection with the Product or offered by a third party through the Product.

ATTORNEYS’ FEES
Any legal fees incurred due to the enforcement of this agreement by the Business, if prevailing, shall be entitled to recover its reasonable attorneys’ fees and costs from you. This includes collection fees and costs incurred by the Business in collecting payment of any amount due under this agreement.

NON DISPARAGEMENT
You agree to refrain from making any disparaging comments or statements about the Business or the Product that negatively affect the Business’s business, services, products, or reputation. Notwithstanding the foregoing, nothing in this agreement shall preclude you from making truthful statements that are either required by applicable law, regulation or legal process; or for the purpose of communicating a review of the Business’s goods and/or services.

NO WARRANTY
The Product is provided “as is” and without any warranty of any kind, express or implied. The Business does not warrant or represent that the Product to always be complete, free from errors or omissions, accurate, or up-to-date at all times.

FORCE MAJEURE
The Business shall not be liable for any failure or delay in performance of any obligation under this agreement, if the failure or delay in performance is due to any cause beyond our reasonable control, including, but not limited to electronic or communication failures, electrical outages, network failures, pandemics, floods, acts of God, or other similar or different occurrences beyond the reasonable control the Business. Force majeure events shall not include a party’s financial inability to perform its obligations under this agreement.

SEVERABILITY
If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.

NOTICE
Any notice, demand, or other communication shall be delivered in writing to: Our Embodied Healing, 618 NW 1st St., Gainesville, FL 32601, kristen@ourembodiedhealing.com.

WAIVER
You acknowledge and agree that the failure of the Business to enforce any provision of this Agreement shall not be deemed a waiver of the Business’s rights under this Agreement to subsequently enforce any provision of this Agreement.

INFORMAL RESOLUTION
If you have any dispute with us, you agree that before taking any formal action, you will contact us at kristen@ourembodiedhealing.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account), and allow sixty (60) days to pass, during which we will make a good faith effort to reach an amicable resolution of the issue. 

GOVERNING LAW
This Agreement is governed by the laws of Florida. By purchasing our products/services, you agree that any and all unresolved disputes arising out of or in connection with this Agreement shall be brought exclusively in Florida, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.

HEADINGS
The headings used in this agreement are for convenience and reference purposes only and shall not affect the construction or interpretation of this agreement.

ENTIRE AGREEMENT
You acknowledge and agree that this Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

Last Updated: September 17, 2023