TERMS AND CONDITIONS
Effective Date: January 3, 2019
The terms “we”, “us”, and “our” refer to WAHINE CONSULTING, LLC (“Company”).
The terms “Sites” refers to INDIGOCHILDREN.COM & INDIGOCHILDRENSOCIETY.COM (“Sites”).
On the Sites, we provide: life coaching services, digital workbooks and online courses. (“Services”).
The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Sites and/or Services.
USE OF THE SITE AND SERVICE
To access or use the Sites and/or Services, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Sites and/or Services.
You may use the Sites and/or Services for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Sites and/or Services and to purchase services or products for legitimate purposes only. You shall not post or transmit through the Sites and/or Services 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.
In order to use the Sites and/or Services, 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 account information you provide on the Sites or to the Company 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 Sites and/or Services, violate any laws.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Sites and/or Services to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Sites and/or Services, without refund, if you violate these Terms of Service or other Agreements governing your use of the Sites and/or Services.
Our products are delivered to you online in a digital format (i.e., no physical products are shipped to you).
Refunds for your purchase are not available. You agree to make timely and full payments to the Company for your purchase.
The Company may share the successful results of its users or customers on the Sites and/or Services. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, relationships, mental health, physical health, personal growth, or results of any kind. By accessing the Sites and/or Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Sites and/or Services is a promise, warranty or guarantee to you of such results.
ERRORS, INACCURACIES, AND OMISSIONS
Information provided on the Sites and/or Services is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the provided information.
OUR INTELLECTUAL PROPERTY
The Sites and/or Services contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” 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 Sites and/or Services, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Sites and/or Services, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
To the extent permitted by law, WE WILL not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury, DETERIORATION OF MENTAL OR PHYSICAL HEALTH or death, OR LOSS OR DAMAGE OF PERSONAL or PROFESSIONAL RELATIONSHIPS), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
THIRD PARTY WEBSITE AND RESOURCES
The Sites and the Services contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Sites and/or Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
From time to time, Company may include affiliate links on its Sites and/or Services. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Sites and/or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
The Terms of Service shall be governed by the laws of the State of California.
We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by submitting the matter to binding arbitration with a mutually agreed-upon arbitrator in Los Angeles, California. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor 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 an authorized representative of the Company.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
We reserve the right to update any portion of our Sites and/or Services, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. Any use of the Sites and/or Services by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.
HOW TO CONTACT US
If you have any questions about this Terms of Service, please contact us at:
WAHINE CONSULTING, LLC
PO Box 12, Venice, CA 90294