Our Programs, Products, and Services are owned and operated by Connie Benedict of MoClar Moments LLC (“Company”, “we”, or “us”) as well as other registered and trademarked companies that we have given us expressed permission to use their intellectual property for our Programs, Products, and Services. The term “you” refers to the user or purchaser and/or user of any of our Programs, Products, and/or Services.
Program Use and Consent
We try to ensure that our Programs, Products, and Services availability are uninterrupted and that our content and communications including our Website, member forum, private Facebook group page, email communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, as applicable, or any other materials provided by us to you (collectively “Program Materials”) will be will be errorfree. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new services, although, of course, we will try to limit the frequency and duration of any suspension or restriction.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and Program Materials in connection with our Programs, Products, or Services for any particular purpose.
Every effort has been made to present you with the most accurate, uptodate information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information and Program Materials may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Additionally, we are not responsible for the views, opinions, or accuracy of facts provided by external resources referenced in our Programs, Products, or Services or in any of our courses, classes, or materials. We assume no responsibility for errors or omissions in the Program, Product or Service you are using, or in documents referenced by or linked to the Program, Product or Service.
When you apply for, enroll in, purchase or use our Programs, Products, or Services, we may seek and collect personal data and information including but not limited to your name, email address, phone number, billing information, job title, employment information, medical information, financial information, demographic information, preferences, interests, or other personally identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via the Program, Product or Service, we take measures to protect the security of your Confidential Information both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore, submitting Confidential Information, data or other information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Intellectual Property Rights
Our Limited License to You. Our Programs, Products, and Services and all the materials available through it are our property and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws.
If you purchase or access any of our Program Materials through our Programs, Products, or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, nontransferable license for personal, noncommercial use only, limited to you only. This means that you may not use our Programs, Products, or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are permitted to use our Programs, Products, Services, and Program Materials as follows:
- You are not permitted to reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own commercial use.
- Otherwise, you are permitted to download and/or print free resources from our Website or email correspondence, enewsletters, or other publicly shared information that are NOT a part of any paid Program or Service for your own personal use, but only provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page(s) from which the information was obtained.
However, you may not use our Programs, Products, or Services, the materials available on or through them, or this Website in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols ™ or ® may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license are reserved by us.
Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that the information and Program Materials obtained in or through our Program, Product or Services has been created, developed or obtained by us through the investment of significant time, effort, and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you enroll in or purchase our Programs, Products, or Services, you expressly agree that you will not steal our Program Materials or their content, or share them, in whole or in part, with any other person without our express written permission.
You agree that you are clearly and expressly prohibited from doing the following:
- You may not duplicate, share, trade, sell, or otherwise distribute any Program Materials, or any other information obtained in or through our Programs, Products, or Services to any other person, for their personal, commercial or business use, in whole or in part, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal or professional use. This means you cannot sell any Program Materials to someone else so they can copy and/or use them for their own business or commercial use. You are the only one granted a limited license to use the program material documents.
- You may not violate our intellectual property rights, including copyright and trademark rights. By downloading, printing, or otherwise using the material from this Program for your own training purposes in no way gives you any copyright, trademark or ownership rights of the material contained in the Program Materials.
- You may not in any way use, copy, adapt or represent any of our Program Materials in any way as if they are yours or created by you.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a claim for damages and/or be a criminal offense.
All rights not expressly granted in these terms or any express written license are reserved by us.
Links to External Websites or Use of Social Media. From time to time our Website may also include links to other websites or to social media sites. These links are provided for your convenience to provide further information and to allow you to visit other third party website(s) of interest easily. In no way are we formally endorsing these third-party websites in any way.
You should exercise caution and look at the privacy statement of the third-party website or social media sites you are visiting or using. Once you have used these links to leave our Website, you should note that we do not have any control over that other third party website or social media. We bear no responsibility for the content of the linked website(s) or social media websites and we accept no liability for any of the views, facts, opinions, or references used therein whatsoever. Content on a third-party website may express a perspective which may or may not necessarily reflect our views and we are not liable in any way for their correctness, accuracy, timeliness, reliability or otherwise, or lack thereof.
Your License to Us. By posting or submitting any material (including, without limitation, comments, email communications, Website submissions) to us through our Program, Product or Services, our Website, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and that you are 18 years of age or older.
In addition, when you submit or post any material in any way affiliated with our Program, Product, or Services, you are granting us, and anyone authorized by us, a royaltyfree, perpetual, irrevocable, nonexclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, your right under copyright, trademark, Services mark or patent laws under any relevant jurisdiction.
By participating in our Programs, Products, and Services, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products, or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time, for any reason whatsoever.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using the Program Materials and information provided on and through this Program, Product or Service, which is done at your own risk. You acknowledge that you take full responsibility for your life and wellbeing, as well as the lives and wellbeing of your family and children (where applicable), for all decisions made during and after this Program, Product or Service.
We have used care in preparing the Program Materials and any other information provided to you, but all of our Program Materials and information is made available to you as selfhelp tools for your use, and for informational and educational purposes only. You accept full responsibility for the results and expressly assume the risks, of the Program for your use, or nonuse, of the Program Materials or other information provided by us to you. You also fully understand that you are expressly assuming all of the risks of the Program, Product or Service, regardless of whether such risks were created or exacerbated by the Program.
Your use of any information or materials through our Programs, Products, or Services accessible on or through this Website or otherwise is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to discern the risks of using any of our Programs, Products, or Services. You assume responsibility for your choices, actions, use or nonuse of any of the information in our Programs, Products, and Services, and you acknowledge that you are using, or not using, a Program, Product or Service at your own risk.
You agree that while serving in the role of the Life Coach, we are not operating as or holding ourselves out to be a doctor, psychologist, therapist, or licensed counselor. Do not disregard or delay seeking professional medical, mental health or spiritual advice because of information you have read on our website or received from us in this Program. Do not stop taking any medications without speaking to your own doctor or mental health provider. If you have or suspect that you have a medical or mental health problem, contact your own doctor or mental health provider immediately.
You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product or Services. Our Programs, Products, and Services are for informational and educational purposes only.
We cannot and do not guarantee that you will attain a particular result through the use of our Programs, Products, and Services, and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use or nonuse of the information provided or obtained through any of our Programs, Products or Services.
THE INFORMATION IN THE PROGRAMS, PRODUCTS, AND SERVICES AND PROGRAM MATERIALS AND ANY THIRDPARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF OUR PROGRAMS, PRODUCTS, OR SERVICES OR PROGRAM MATERIALS FOR ANY PURPOSE.
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 NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR PROGRAMS, PRODUCTS, OR SERVICES, PROGRAM MATERIALS, OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERRORFREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PROGRAM, PRODUCT OR SERVICES 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 THE PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRDPARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this Program, Product or Services, including by your use or inability to use the Program Materials or any information obtained on or through the Program, Product or Services, any websites linked thereto, and/or any material posted on our Website, or in any other way through our Programs, Products, or Services by us or by others, 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 negligence, breach of contract, or otherwise, even if foreseeable.
By purchasing and/or using this Program, Product or Service, you also agreeing to our full Disclaimer which may be found on our website.
Limitation of Liability and Release of Claims
We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on our Website, Programs, Products, or Services. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website, Programs, and Services, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, or Services, or in any way, including but not limited to individual and/or group programs, classes, workshops, events, retreats, seminars, teleseminars, video conferences, coaching sessions, consultations, trainings, webinars, podcasts, or television/film/radio appearances, whether in person, phone, or online, in any location, whether domestic or international, including by not limited to any office, yoga studio, fitness studio, spa, hotel, resort, private home, restaurant, company/business, or outdoor setting. In the event that you use any information provided on or through our Website, Program, Products, and Services by us or affiliated with us, we assume no responsibility.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product or Service participant or user, including but not limited to you and your clients (if applicable).
- Sending, posting, using or adding in any way material or content that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, or is otherwise injurious to third parties, including any material being used in any way and to any degree for racial vilification, sexism, ageism, religious intolerance, or in any other way to harm, offend, or disrespect any other person or cause them emotional and/or psychological harm.
- Causing annoyance, inconvenience or needless anxiety in any way whatsoever.
- Acting in any way with fraudulent purposes or in connection with a criminal offense or otherwise using any aspect of our Programs, Products or Services to carry out any unlawful activity.
- Impersonating any third party; posting content to our Website or through our Programs, Products or Services on behalf of another person or permitting, enabling, inducing or encouraging any third party to post content for you; misleading as to the origin of your content as anything other than your own.
- Sending, posting, using or adding in any way any material or content through our Programs, Products or Services which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam; circumventing any technological measure implemented by us to restrict the manner in which content may be posted on our Website or to regulate the manner in which content (including but not limited to email) may be transmitted to others.
- Using or causing our Programs, Products or Services, or our access to or delivery of our Programs, Products or Services to be interrupted, damaged or impaired in any way.
You understand that you are solely responsible for all electronic communications and content sent from your computer to us by you.
If you need to discuss a private issue, you may send an email to email@example.com understanding that you may be provided with only a laser coaching response or you may purchase a private session to discuss your questions more thoroughly.
Investment and Online Commerce
If paying by credit card, you give us permission and authorization to automatically charge your credit or debit card as payment for your Programs, Products, or Services for which you will receive an electronic receipt.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue.
When you purchase this Program, Product or Services, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the thirdparty merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.
You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of our Programs, Products, or Services.
You agree to only purchase these Programs, Products, or Services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, and Services, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services. By using and/or purchasing any of our Programs, Products, and Services, you understand and agree that all sales are final and no refunds will be provided for any reason.
We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services and/or our Program Materials, Website, email communications, or any other method of communications related to our Programs, Products, or Services at any time without notice. Should you or we wish to terminate the Programs, Products, or Services at any time, these termination terms will apply to you as well, even after termination by either of us.
It is hoped that should we ever have any differences, we could be able to work them out amicably through a phone conversation or email correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to me via email. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.
By signing an Agreement with us, you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in email, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in El Paso County, Colorado, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Programs, Products, or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.