Terms & Policy
BY VISITING wildsoulmovement.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to Liz DiAlto. The term the “Site” refers to wildsoulmovement.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. Use of wildsoulmovement.com, including all materials presented herein and all online services provided by Liz DiAlto, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to [insert subject matter] and other information are subject to change. [insert your company name] makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. [insert your company name] disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Liz DiAlto will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
Liz DiAlto will, at its discretion**, allow for the return or replacement of any product or program within 30 days from the date of purchase. For recurring billing products, returns for one payment may be provided if requested within a 30 day return period. After 30 days all sales are final. The customer may cancel their recurring billing subscription products or programs at any time. If a customer requests a refund, the money for the requested transaction is refunded back to the customer. If the refund is for a recurring billing product, then the return policy allows for the most recent payment to be returned. A refund on a recurring billing product will also result in a cancellation. If customers request a cancellation for their recurring billing product no future rebills will be charged to their account. Keep in mind, a cancellation will not generate a refund – it will only stop any future rebills. There are no refunds on services that include one on one time, consulting, speaking or media appearances. Contracts can not be canceled for one on one services, and no refunds will be granted. **At its discretion may entail presenting proof of completing course work in the event of a refund request.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Liz DiAlto. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Liz DiAlto remains yours to the extent that you have any legal claims therein. You agree to hold Liz DiAlto harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Liz DiAlto, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, LIZ DIALTO IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF [INSERT YOUR COMPANY NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL [INSERT YOUR COMPANY NAME]’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM LIZ DIALTO, AND IF NO PURCHASE HAS BEEN MADE BY YOU [INSERT YOUR COMPANY NAME]’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Products and services that are mentioned or linked to on this blog may be products that Liz DiAlto has a financial interest in promoting or has received some other non-financial compensation for.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Liz DiAlto pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Liz DiAlto shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Liz DiAlto.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of [insert your state] as applied to contracts that are executed and performed entirely in [insert your state]. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be [insert your county] County, insert your state]. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
INFORMATION WE COLLECT
This Site only collects the personal information you voluntarily provide to us, which may include:
- Billing information
The information you provide is used to process transactions, send periodic emails, and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website (for example, InfusionSoft), conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.
We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.
We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.
THIRD PARTY LINKS
We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
UPDATING YOUR INFORMATION
You may access and correct your personal information and privacy preferences by contacting us via email at email@example.com.
CHANGES TO THIS POLICY
We love our products, and we hope you do, too. That said, sometimes we might slip up, and sometimes, errors happen. Things like pricing or merchandise descriptions get mixed up, and then we look bad. While that stinks, what’s most important to us is that you’re happy. So while we can’t guarantee that all information on the site is always 100% accurate at any given time, if you do notice a mistake? Please don’t hesitate to contact us and let us know. Since we can’t guarantee the products for your particular circumstances or purposes, we can guarantee that we’ll give you the best customer service we can to remedy the situation.
Guess what? If you click on a link that I’ve provided, it might be a link to someone who will give me a commission if you buy something from their site. That means that I might get paid if you click on that link. And the reason why I’m telling you this is because I want to be upfront with you, and because it’s illegal not to. (So, you know, right side of the law and all.) That said, I promise to use any affiliate commissions earned for good causes: Things like reinvesting in this business to bring you even better resources, and ordering books on Amazon Prime because I’m a huge nerd.
I’m a professional at what I do. I’ve got the street cred. The experience. The skills. And the qualifications. However, we should probably give a group nod to the fact that I am not a licensed psychologist or health care professional, and my services don’t replace the care of psychologists or other healthcare professionals. With that comes the standard eye-glaze inducing disclaimer that, no, I cannot actually guarantee the outcome of our consulting efforts and/or recommendations on my website/blog/email series, and my comments about the outcome are expressions of (my very personal) opinion only. I can guarantee you this, however: I will do my best to lead you, and I’ll do everything in my power to help.
Updated: April 24, 2014