Las Vegas Spiritual Life Coach Jaclyn Costello

Terms and Conditions

Agreement

When you complete your purchase, you, the buyer, are claiming that you have read, accepted, and fully understand the terms of this agreement.

This agreement is a contract. Under the terms of the contract you receive certain rights due to you from the seller and you, in turn, give the seller certain rights. This contract also contains provisions that delineate and restrict your rights about refund and warranty and that limit the liability of the seller. You must accept these terms or the seller will not transact business with you or sell a product, service, or membership, and your order will not be processed.

Your pledge of an understanding of this contract and acceptance of the rights, duties, and limitations embodied in it is a material part of the legal consideration that the seller requires from you as a condition of sale.

YOUR INFORMATION IS PROTECTED

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. However, we may release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

PARTIES TO THIS AGREEMENT AND DISCLAIMER

The parties to this agreement are the website or its owners, hereafter “Seller,” and you, the prospective purchaser, hereafter “Buyer”. Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as “THIRD PARTY OR THIRD PARTIES.” The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering Buyer with the same rights, duties, and obligations as the Buyer, but may also be referred to herein as “Recipient”.

SUBJECT MATTER OF THIS PURCHASE AGREEMENT

The subject matter of this agreement is a product, service, or membership described in promotional or sales materials on this website and/or in an email, brochure, flyer, or advertisement referencing this website, and said website and/or email, brochure, flyer, or advertisement referencing this website and its contents are incorporated herein by reference and made a part hereof and constitute a complete description of the product, service or membership that is the subject matter of this Purchase Agreement. This bundle of offerings, including additional items promoted on the order page, shall, together, be termed ‘product’ throughout this agreement but the word ‘product’ shall mean all elements offered in the sale, whether digital, dimensional, or other license or right, and include all sales or promotional materials.

REFUND POLICY, WARRANTY AND GUARANTEE

All physical and downloadable products are backed by a 3-week refund period. No refund, warranty or guarantee is offered on the coaching services referenced herein. A free & complimentary introductory session is offered to you before your first paid session as a way for you to determine if future services will be of value to you.

RIGHTS AND OBLIGATIONS OF THE BUYER

The Buyer must pay the full consideration for this product that the Seller requires as the total price of the product. By accepting this Purchase Agreement, the Buyer agrees to receive continuing follow-up contact from the Seller including email, mail, newsletters, product updates, product recall notices or product improvements related to the instant product or any other product or service. However, Buyer shall at all times be fully empowered to sever contact with the Seller by notification using the ‘unsubscribe’ link in solicitations. The Buyer agrees that Seller is not liable for communications made to the Buyer by parties unrelated to this purchase even if referred to by the Seller. Buyer accepts full responsibility for limiting unsolicited contact and Buyer understands that he/she retains all rights to directly restrict communication or solicitation from any party including the Seller.

The Buyer agrees to allow the Seller to collect, store, and use for Buyer’s personal coaching purposes all information collected from, provided by or otherwise ascertained from the Buyer. This includes information collected via electronic means, by telephone, or in person during a session. The Buyer, specifically, and as part of the consideration paid for this product, waives all right to access, retrieve, or control such information except that the Buyer retains the right to restrict contact as described previously.

Buyers living in locations that require custom duties and/or VAT taxes to be collected understand that, unless custom duties are collected at the point of sale by the Seller, the Buyer remains responsible for payment of custom duties and taxes at the time the product is received. If it should happen that the Seller’s courier or freight account is charged for custom duties and tax, instead of the Buyer paying referenced charges, then the Buyer hereby authorizes the Seller to bill the Buyer’s credit card for said charges or for the return of goods if they are refused at the point of destination.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

CREDIT CARD CHARGES AND CREDIT CARD FRAUD PENALTIES

Buyer warrants that he or she is over 18 years of age, not subject to the Child Online Privacy Act, of legal age to enter into contractual agreements in the state in which he is present when he makes this purchase, and is the true and authorized owner of the credit card used to make this purchase. Any Buyer who violates any of these requirements may be liable for civil or criminal prosecution and agrees to pay liquidated damages of an amount the equivalent of US$10,000 per fraudulent transaction, plus actual damages, and agrees that all information collected by this website may be used for prosecution and may be turned over to law enforcement agencies or to credit card companies and merchant service providers.

If the true and/or authorized owner of the credit card attempts to commit fraud upon the Seller, he authorizes each and every credit card company or merchant service provider to disclose to the Seller all information that could be construed as proof of credit card fraud.

Any Buyer who attempts to perpetrate a fraud upon Seller involving the use of a credit card herewith gives authorization for the Seller to access all credit information about the Buyer from credit reporting agencies and also authorizes the Seller to discover all relevant information from any source about the fraudulent practices of the Buyer and to reveal such information to credit reporting agencies, credit card companies, merchant service providers, and law enforcement agencies.

Buyer agrees that if he/she uses trickery to receive more than one refund, or if he/she causes a fraudulent dispute claim that results in a chargeback against the Seller’s account, that the Seller is authorized to re-charge the Buyer’s credit card that was used for the original purchase to the extent that will make the Seller whole. Buyer agrees to, in addition to actual damages, pay to the Seller liquidated damages of an amount equivalent to US$10,000 for every separate fraudulent action Buyer commits.

ASSUMPTION OF RISK

Buyer agrees to accept all risk associated with the use of this product, including but not limited to, ingestion of or application to Buyer’s person, the use of the product personally or in business, all taxes and regulations applicable to this product, all legal compliance issues related to this product. Buyer warrants an understanding that the Seller is disclaiming all liability from harm of any kind or nature caused directly or indirectly from this product. Buyer agrees, as part of the consideration required to purchase this product, to carefully review and test this product during the refund period and to immediately request a refund if the product is not satisfactory.

LIMITATION OF LIABILITY AND DISCLAIMER

Buyer warrants an understanding, as required consideration, that the Seller of this product disclaims all liability for the product or damages resulting from use or installation or reliance upon this product for any reason. Buyer alone accepts full responsibility for allowing others to use this product. Buyer understands that Seller disclaims liability for any information contained in sales or promotional materials or the product itself that is unintentionally misleading or incorrect that might cause damage to Buyer.

Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of this product or service, or from subsequent contact with Seller or Third Parties. Buyer expressly agrees that no matter what may happen because of his or her purchase of this product or service, or no matter what damage may be allegedly or actually caused by the use of this product or service, or no matter the harm or damage that may result directly or indirectly from the purchase of this product or service, for any reason whatsoever, that the absolute maximum extent of Seller’s liability shall be an amount no greater than $100.

Buyer agrees and understands that, Seller, specifically but not exclusively, disclaims liability for all damage to Buyer’s person or business by using this product or service, including harm to buyer’s computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Seller disclaims liability for Buyer’s interactions with advertisers on the site. Seller disclaims liability for Buyer’s interaction with other visitors or members of the website.

CANCELLATION POLICY

Consultation hours, whether purchased by the Buyer for his/herself, or purchased as a gift, are non-refundable. They do not have an expiration date and can be used at any agreed-upon time and date between the Seller and Buyer after purchase.

Appointment times are valuable and irreplaceable. The Buyer’s appointment time is reserved exclusively for the Buyer. Buyer must arrive promptly to obtain his/her full session. If Buyer needs to reschedule, Buyer must inform Seller two days in advance. Unless cancelled 48 hours in advance, Buyer is financially responsible for the time reserved. The same policy applies to prepaid success packages.

If Buyer must reschedule due to an emergency, notify Seller as soon as possible. Thank you for your respect and consideration.

CONFIDENTIALITY

Anything you discuss with me is held in strict confidence. I will not release any of your information to anyone without a written authorization from you, except as provided for by law. You have a right to be allowed access to my written record about you.

CONSENT and RELEASE

I am over the age of 18 years old and hereby agree, voluntarily and freely, to receive information from Jaclyn Costello and EnlightenLifeCoach.com/GrowWithSoul.com. I understand that Jaclyn Costello and EnlightenLifeCoach.com/GrowWithSoul.com is not a licensed health care practitioner, and the information I will be receiving is not legal, therapeutic, or personal advice and cannot be considered as such. This information cannot replace or substitute for the services of trained professionals in any field including, but not limited to, psychological, financial, medical or legal matters. I understand that I should consult a medical professional concerning any physical or mental symptoms that may require medical attention. I further release Jaclyn Costello and EnlightenLifeCoach.com/GrowWithSoul.com from being held liable in any manner whatsoever stemming from my use of the information I will be learning, including, but not limited to, economic loss, injury, illness, harmful effects, emotional distress or death. I assume full responsibility for the consequences of my own decisions and actions. I hereby declare that I have read this consent and release, and that I fully understand and agree to its terms.

LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT

Buyer agrees that the Seller’s total liability, even for erroneous product content that causes damage to the Buyer, shall be limited to $100.

LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND

Buyer agrees that the Seller’s total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the product.

SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS’, ‘POSITIVE HEALTH CLAIMS’, ‘IMPROVEMENT CLAIMS’, ‘OR ‘EARNINGS CLAIMS’ IN SALES AND PROMOTIONAL MATERIALS OR PRODUCTS AND IN TESTIMONIALS

If claims are/were made about results from using these products or services, such claims are true for the persons who made the claims, including claims made by the Seller about its own experience with the product. However, Buyer cannot simply rely on these statements as being able to be duplicated by Buyer because many factors affect results. Some people buy these products and services and don’t achieve success. Some people buy these products and services and never read them or attempt to implement any of the ideas. Some people have tremendous success.

If the product Buyer is purchasing is a physical product promoted for a particular purpose and if the promotional materials make claims about the results from the use of this product, Buyer hereby warrants his understanding that there exists some probability that the product will not deliver those same results to any particular Buyer and that the refund of the purchase price (subject to the return of the product to the Seller) is the full remedy for any Buyer who feels the product did not deliver the results claimed.

Buyer accepts the obligation to reimburse the Seller for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event Buyer brings suit against the Seller and does not prevail in court or at arbitration.

No warranties are made whatsoever about the amount of money, if any, that Buyer will earn from this material or product or service and Buyer warrants an understanding that Buyer’s only course of action is to test this product and material for the extent of the refund period and request a refund if Buyer is not satisfied prior to its expiration.

Buyer, again, warrants an understanding that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of this product, the maximum amount of liability shall be the purchase price of the product.

Never disregard the medical advice of a psychiatrist, physician, or other health professional, or delay in seeking such advice because of the information offered or provided within or through EnlightenLifeCoach.com/GrowWithSoul.com or your coaching sessions with Jaclyn Costello.

Because any weight loss or health modification plan can result in serious injury, Seller urges you to obtain a physical examination from a doctor before using any weight loss products or services. You agree that by using any products or services you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily purchasing products or services, participating in recommended activities, and using this website and assume all risks of injury, illness, or death. You acknowledge that you have carefully read this ‘Waiver and Release’ and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined) from any and all claims or causes of action, and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

PRIVACY POLICY ACCEPTED

Buyer expressly accepts the terms of the Privacy Policy of Seller’s website.

TERMS OF USE ACCEPTED

Buyer expressly accepts the Terms of Use of the Seller’s website.

INDEMNIFICATION

Buyer agrees to indemnify Seller for any and all damage that Buyer causes by using the product or information contained on this website that result in a damage award against the Seller.

RIGHT TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP

Buyer agrees that Seller has the right to discontinue the product, the service, the membership at any time without notice. Buyer understands that the Seller may discontinue customer service on a product or service at any time without notice. If Seller discontinues service, and you have remaining consultation hours that already purchased, you will be refunded for the remaining hours.

CALIFORNIA RESIDENTS NOTE

You are entering into a contract that may modify, restrict, or eliminate rights you may have under the California Online Privacy Protection Act of 2003 (OPPA). Under the Privacy Policy and this Purchase Agreement you waive any right to view or modify the content of our database. You waive any right to force this business or website to divulge when or to whom your information may have been provided to third parties. In the event the website elects at its sole discretion to release information to you, you must clearly identify yourself to the website as the named customer who has previously purchased from the website. We are doing this to protect information being inadvertently provided to fake customers who may have intentions to harm the real customer. The required identifying information may include credit card info, social security numbers, notarized copies of state issued id, or other id sufficient to allow our counsel to feel comfortable about releasing information – in the event we elect to divulge it at all. Additionally, this purchase agreement, as part of the consideration required to purchase from this website, requires that you agree to use the American Arbitration Association exclusively in any claim arising from the Terms of Use, Privacy Policy, or Purchase Agreement, and not the courts of the state of California. The customer also agrees, as part of the required consideration, that any cause of action is presumed to have arisen in the city and county of this business or website, not in the state of California, unless the website is located there, and not in the jurisdiction where the customer resides.

ARBITRATION

As part of the consideration that the Seller requires Buyer, Visitor, Member, Subscriber, or Customer agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue , Floor 10, New York , New York , 10017-4605 . Hearing will take place in the city or county of the Seller. In no case shall the Buyer, Visitor, Member, Subscriber, or Customer have the right to go to court or have a jury trial. Buyer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal. The Seller shall collect from the Buyer reimbursement from any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Buyer agrees to that the sole and proper jurisdiction to be the state and city of Seller’s choosing. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.

APPLICABLE LAW

Buyer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.

NOTICE

Buyer herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Seller on the ordering page. Further, Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted ‘unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product. Additionally, the Buyer grants Seller irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Buyer has to sever contact with Seller.

COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

-An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
-A description of the copyrighted work that you claim has been infringed
-A description of where the material that you claim is infringing is located on the Website
-Your address, telephone number, and e-mail address
-A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
-A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

MODIFICATION

This Purchase Agreement cannot be modified in any manner between the Seller and this Buyer unless modifications are made in writing signed by both parties. However, the Seller may modify this Purchase Agreement at any time for other Buyers without notice to the instant Buyer.

ENFORCEABILITY OF PROVISIONS

In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Buyer and Seller agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.

WAIVER OF BREACH

The Seller’s waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.

SELLER INFORMATION

The Seller of this product is: EnlightenLifeCoach.com/GrowWithSoul.com

Terms

This website requires consideration for and as a condition of allowing you access. Reading and accepting the terms of use and reading and accepting the provisions of the privacy policy of this website are required consideration for the website granting you the right to visit, read, or interact with it. All persons are denied access to this site unless they read and accept the terms of use and the policies. By viewing, visiting, using, or interacting with this website or with any banner, pop-up, or advertising that appears on it, you are agreeing to all the provisions of these terms and the policies of this website.

All persons under the age of 18 are denied access to this website. If you are under 18 years of age, it is unlawful for you to visit, read, or interact with this website or its contents in any manner. This website specifically denies access to any individual that is covered by the child online privacy act (COPA) of 1998.

This website reserves the right to deny access to any person or viewer for any reason. Under the terms of the privacy policy, which you accept as a condition for viewing, the website is allowed to collect and store data and information for the purpose of exclusion and for other uses.

The terms of use agreement may change from time to time. Visitors have an affirmative duty, as part of the consideration for permission to view this website, to keep themselves informed of changes.

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors”, are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website”.

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into a written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor agrees to liquidated damages in the amount of U.S. $100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.

DISCLAIMER FOR CONTENTS OF SITE

The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all the risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this site, including banners, advertising, pop-ups, or downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

NOTICE

No additional notice of any kind for any reason is due to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

FINAL ACCEPTANCE

By taking the affirmative step of purchasing of a product, service, or membership, you, the Buyer, attest that you have fully read, understand, and accept the terms of this Purchase Agreement contract, and warrant to the Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.

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