Last Updated: February 25, 2021
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND REMEDIES, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS SPECIFIC PROVISIONS CONCERNING HOW ANY DISPUTES INVOLVING THE THEBLISSFULLIFECOACHING.COM WEBSITE AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE WILL BE RESOLVED.
Welcome to theblissfullifecoaching.com, operated by Blissful Life, LLC (“Blissful Life”, “We” or “Us”).
These Terms of Use (“Terms” or “Agreement”) apply to any and all persons and legal entities who a) visit or use any page of the theblissfullifecoaching.com website, including any related mobile websites and mobile applications (collectively, the “Website”); b) become a member of any membership site, community, discussion forum, group (including but not limited to any Facebook Group or other online forum), page, or communication channel (using, for example, Slack, Discord and similar tools) owned or operated by Us (“Blissful Life Community”); or c) purchase any products sold by Us (“Products”) or using any services provided by Us (“Services”). These Terms apply to all activities relating to your use of the Website, Products, Services and Blissful Life Communities (collectively, the “Blissful Life Assets”), whether or not you make a purchase, create a user account, register as a member, or become a client, and whether you’re accessing the Website or other Blissful Life Assets from a computer, tablet, mobile phone device, or other means of access.
We may add additional websites, pages, apps, products and services as we expand our offerings, and these Terms of Use will govern those new additions when they are made public, unless the service being provided requires the execution of a separate Client Agreement or Consulting Agreement between you and Us, in which event the more specific Client Agreement or Consulting Agreement shall control.
This Agreement is subject to change by Blissful Life, LLC at any time. Any changes will be posted to this URL, and will be effective as of the date of posting, as indicated by the “Last Updated” date at the top of the page.
Your continued use of the Website and any Blissful Life Assets will constitute your express and binding acceptance of and consent to the any Terms of Use in effect, including all revisions. If you object to anything in this Agreement, the Privacy Policy (available at www.theblissfullifecoaching.com/privacy-policy) or any content on the Website, you are not authorized to use this Website, and are hereby instructed to discontinue using same.
Electronic Agreement. This Agreement is a legally binding, valid and enforceable electronic contract that contains the terms of governing your use of our Website and the Products and Services available in the free and paid membership areas. By accessing and/or using the Website and the Products and Services, including creating a free user account and/or becoming a paid member, you accept this Agreement and consent to the terms, conditions and notices contained or referenced herein.
Creating an Account. If you register a free account or purchase a Product or Service that includes membership in a course, coaching program, subscription service or mastermind, you may be required to provide certain personal information, including the following:
-Your first and last name;
-Your shipping address;
-Your e-mail;
-Your credit card information; and
-Your billing address.
How we collect and process said personal information, the purposes for which we collect same, as well as your rights and options regarding opting out of the collection or processing of your personal information, is explained in detail in our Privacy Policy (available at www.theblissfullifecoaching.com/privacy-policy).
Creating a free user account allows you to access our free digital content consisting of various guides and other coaching resources.
Creating a paid membership account via the Website (for instance, by signing up for any of Our paid subscription programs) allows you to gain immediate access to the paid membership area, which contains all of our members-only premium course content and access to group or one on one coaching sessions, based upon the package selected. You may also receive physical goods as part of your membership, depending on your membership level.
If you create an account or become a member, an account page and member profile page will be created for you, and you will be able to leave comments on certain content that will be visible to other members, but not the general public. Some information on your member profile, such as your user name, will be visible to other members. Other information on your profile is visible only to you, including your full stored contact information, your birthday, gender, phone, email, full name, billing and or shipping address, and the last four digits of your credit card used to pay for your membership.
Membership Terms. Some of our Products and Services available on or through the Website are available exclusively to our paying members. The details of any Product or Service you purchase will be outlined on the product page or other page(s) leading up to your checkout, or in the Agreement you will be asked to sign or agree to at the time of purchase. You will have to complete payment in the amount stated on the checkout page and/or the Agreement governing the transaction in order to access paid Products and Services. Our Products, Services and prices are subject to change without notice to the general public. To our paying members, price changes are always announced 30 days in advance via e-mail sent to the e-mail address on file in your membership account. This allows you time to cancel your membership should you not wish to continue at the new price.
Passwords and Account Security. By creating a free user account or becoming a paid member, you acknowledge that maintaining the confidentiality of your username and password are your responsibility. You further acknowledge and agree not to disclose or allow the use of your username or password, or otherwise lend or transfer access to your user account or membership account to any third party. The Products and Services, including the memberships sold through the Website, are for your personal use only, and are not to be shared or re-sold. You are fully responsible for all transactions with, and information conveyed to Us and other members under your username, membership, or account.
In the event of any unauthorized use of your username or password, or any other breach of security related to your membership or user account, you hereby agree to immediately notify Us. You further agree that Blissful Life, LLC is not liable for any claims, losses, liabilities or damages relating in any way to such breach of security, and that you will indemnify and hold Blissful Life, LLC harmless, in connection with any loss or damage arising from your failure to comply with any of the obligations under this paragraph.
Payment of Fees. Membership fees are to be paid at the time and in the manner stated in your Client Agreement, or according to the payment option you selected at the time of purchase.
By providing us with your payment information and making a purchase, you authorize Blissful Life, LLC to process payment in the amount indicated for the services selected.
If you selected the monthly payment option, you specifically authorize Blissful Life, LLC to automatically charge the current membership price to your selected payment method on the same day as the date of your initial payment in each subsequent month, for the term of your membership or until cancelled in accordance with these Terms or the provisions of your Client Agreement.
Membership Term. Memberships begins on the date the membership fee is paid or the day after an applicable free trial period ends, and shall continue for a minimum of three months (“Minimum Commitment”). You understand and agree that you are bound to pay the monthly membership fee for the entire 3-month Minimum Commitment, regardless of whether or not you ultimately decide to take advantage of the content and/or services provided. Upon expiration of the Minimum Commitment, memberships will continue on a month-to-month basis, depending on the option selected at check-out, until either a) we cancel your account due to your breach of these Terms and Conditions or any other reason; b) you cancel your account by sending an email to customerservice@theblissfullifecoaching.com no later than seven (7) days prior to the next billing date; or c) your credit card or bank charge is denied or reversed and you do not provide us with an updated payment method.
You must notify Us of any changes to the account from which Your payment is debited no less than 10 business days prior to the date Your payment is due. You agree to ensure that Blissful Life has current and valid payment information, and that sufficient credit or funds are available to cover all automated payments. If an automated payment is returned or denied, You must submit payment in full within seven (7) business days to avoid losing your account and/or your membership privileges being suspended or terminated.
We will suspend access to any member account that has not provided an updated payment method within seven (7) days of the denial or reversal of a payment, and we reserve the right to permanently delete an account if an updated payment method is not provided within fourteen (14) days of a denial or reversal of a payment.
Refunds and Cancellations. Purchases of Products and Services offered by Us are final and are not eligible for refunds, unless otherwise stated in a separate Client Agreement signed by you.
Third Party Sites. We love to interact with our members and users on third party sites such as Facebook, Instagram, LinkedIn, YouTube, Teachable, Podia and other similar platforms. Please note that we do not have any control over these third party sites and services, which have their own Terms of Use and Privacy Policies that apply to their use, and with which you should familiarize yourself prior to use.
All content on the Website may constitute the intellectual property of Blissful Life, LLC. Except in circumstances expressly authorized in these Terms of Use or a separate, superseding agreement, no material on the Website, and no material transmitted as part of our Products or Services, may be copied, reproduced, distributed, republished, uploaded, displayed, posted or
transmitted in any way whatsoever without the express, written consent of Blissful Life, LLC.
Copyright. Any and all content on the Website, as well as content transmitted with and/or as part of our Products or Services, including but not limited to any designs, graphics, logos, icons, text, images, audio and video clips, the selection, compilation, collection, assembly and arrangement thereof, as well as any and all software and custom code on the Website and all other original content (“Copyrighted Content”) is the intellectual property of its owner, and is protected under U.S. and international copyright laws. As such, any unauthorized use, distribution, reproduction,
modification, transmission, display, performance, republishing, and any other means of dissemination of such Copyrighted Content without our express written consent, is prohibited by law. Content created or owned by Blissful Life and/or Jacqueline Drew Beshku is Copyright © Jacqueline Drew Beshku and/or Blissful Life, LLC, ALL RIGHTS RESERVED.
Trademarks. Blissful Life, LLC, and the Website, as well as any and all custom graphics, icons, page headers, logos, slogans, product names, sounds, unique color combinations, and any other
brand identifiers are trademarks, trade dresses and service marks of Blissful Life, LLC. As such, any use of these marks in any manner likely to confuse consumers without the express, written consent of Blissful Life, LLC, is strictly prohibited. Any trademarks belonging to third parties require the consent of their respective owners prior to use or display.
Nothing in this document, or on the Website, gives any person the right to copy, reproduce,
publish, upload, share, use, register as a domain name, or otherwise display any logo, slogan, tagline, trademark, trade name, service mark, trade dress, copyrighted material, patent, trade secret, or confidential information owned by Blissful Life, LLC, or any of its partners, sponsors, parents, subsidiaries, and affiliates.
Your Public Content. By using the Website or any other Blissful Life Asset allowing you to post comments and engage in discussion, you understand that any public content you post on the Website and/or any Blissful Life Community is solely your responsibility, and further, that such content may be seen by anyone, including other members, users, and in some cases (such as posts appearing on our social media pages) the general public.
Limitation of Liability Regarding Public Content. We are not responsible for any
consequences of content posted by You or anyone on the Website and/or any Blissful Life
Community. We may provide certain site(s), forum(s) and group(s) for public discussion, but we are not liable for any statements, representations, or other content provided by any user or member of the public in any forum, application or platform. We do not control what you or anyone else posts either on the Website or on third party sites, applications or platforms. As such,
we make no guarantees whatsoever as to the quality, accuracy, correctness or integrity of any content posted by users of the Website or any Blissful Life Community hosted on any third party site, forum, application or platform.
You further understand and acknowledge that, by using the Website and/or by interacting with us and other users on third party platforms, you may be exposed to offensive, indecent or objectionable content, for which We are not responsible. Any risk of damage or injury from such content resides entirely with you. Under no circumstances will Blissful Life be liable in any way
for any content or information posted on any public forum or third party site by anyone,
including, but not limited to a) any errors or omissions in said content; or b) any loss, damage, claim, expense or injury of any kind (including but not limited to personal injury or property damage), incurred as a result of the use of, or reliance upon, any content posted, emailed or otherwise transmitted via or to the Website or any affiliated or third party sites, platforms, or applications by any user or member of the public.
In addition, while you may access and view any content on the Website and Blissful Life
Communities to which you legally have access, you may do so only as permitted under these
Terms and our Privacy Policy. Under no circumstances are you permitted to use, copy, distribute, display, sell, reproduce, incorporate or make derivative works from any of the content posted on the Website and/or any Blissful Life Community without the express permission of its owner.
Warranties Made by You. By posting content on the Website or in any Blissful Life
Community, you acknowledge, represent and warrant that:
a) Your content and personal information posted on the Website or in any Blissful Life
Community may be available to other members and users, as in some instances, various third-party sites;
b) You are the sole author and owner of all intellectual property and other rights to any
content posted by you, or have the necessary licenses, rights, consents and permissions to
use said content;
c) You consent to the potential use by Us of any content posted by you in Our Products,
Services and marketing and advertising materials and campaigns, online or offline;
d) You waive any and all "moral rights" to said content posted by you, and you do not
require that any personally identifying information be used in connection with said
content, or any derivative works of or upgrades or updates thereto;
e) You will at all times comply with the Federal Trade Commission’s requirements
regarding the use of endorsements and testimonials in advertising, including making a clear and conspicuous disclosure if you receive any compensation or incentive in any
form in exchange for posting content on the Website or any third party sites, platforms or
forums hosted or operated by Us;
f) You are at least 13 years old;
g) You will not post malicious, inaccurate, unfounded, or slandering information or content that serves the purpose of defaming or discrediting Blissful Life, LLC or any of its’
founders, employees, vendors or members therein;
h) If you are a minor, that you have obtained the consent of your parent or legal guardian to
use the Website, as well as their express agreement and consent to these Terms of Use;
You also represent and warrant that any content you submit to the Website and any communities, forums, groups, and membership areas associated with the Website and Products and Services
provided thereon:
a) Is accurate, is not false, and is not misleading;
b) Does not violate any law, statute, ordinance or regulation;
c) Will not cause harm, damage, injury or the violation of the rights of any person or entity
under the law;
d) Is not harmful or damaging to minors;
e) Does not infringe on the intellectual property rights of any person or entity under
pertinent state, national and international intellectual property laws as they pertain to
trademarks, copyrights, patents, trade secrets and other forms of intellectual property;
f) Does not violate the privacy rights of any person or entity;
g) Is not a violation of a contractual obligation or fiduciary relationship owed by you to any
other person or entity;
h) Does not violate any law, statute, ordinance or regulation;
i) Is not hateful, defamatory, bullying, obscene, racially or religiously offensive, abusive,
harassing, or threatening to any person, group or entity;
j) Does not include references to other websites, addresses, email addresses or other contact information;
k) Complies with these Terms and our Privacy Policy in all respects;
l) Does not constitute phishing, promotion, unsolicited or unauthorized advertising, spam or junk mail; and is not made in furtherance of any pyramid scheme or other form of
solicitation;
m) Does not contain any computer viruses, worms or other potentially damaging programs or files; and
n) Does not impersonate or otherwise use the name or likeness of, or imply any affiliation
with, any other person or entity without their express permission;
o) Complies with the group rules in all Blissful Life Communities in effect at the time of the
posting of the content, such as the Facebook Group Rules posted in any Facebook group
we own or operate, which governs member conduct and posting of content in such
Facebook group, and which is hereby incorporated into these Terms by reference as if copied in its entirety.
Content Violating Terms. In the event that any content posted by you a) violates these Terms of Use, or b) violates any group, community or forum rules posted by Blissful Life in any Blissful Life Community of which you are a member may also result in the following:
i) your immediate removal from any Blissful Life Communities without notice, without right to appeal, and without right to any refund;
ii) the immediate suspension or termination of your access to any Blissful Life Assets, at Our sole discretion, without notice or entitlement to any refund;
iii) the institution of available administrative or legal proceedings by Blissful Life, which reserves the right to seek any and all additional damages and remedies available under applicable laws.
No Obligation of Confidentiality by Blissful Life. You understand and acknowledge that there is and will not be any obligation of confidentiality on Our part or on the part of any of Our agents,
subsidiaries, affiliates, partners, third-party service providers and their respective directors, officers and employees, with respect to any content posted by you to the Website and/or any third-party site, application or social media account, page, group or other forum, community or page associated with and/or operated by Us.
Screening and Modification of Content. While We are under no obligation to screen any
content submitted by our members or users, we reserve the right to pre-screen, change, condense, delete, or refuse to post any content whatsoever on the Website and any social media accounts, groups, communities and other public forums associated therewith or operated by Us for any reason. We specifically reserve the right to immediately remove any content that violates these
Terms of Use, without notice, and without any guarantee of recourse on your part.
Personal Information of Other Users. You may not use the Website, Blissful Life Communities
or other Blissful Life Assets to collect or store personal information about other users.
Compliance With Terms of Use. You acknowledge that, while you may access and view any content on the Website and affiliated Blissful Life Assets, you may do so only as permitted under these Terms of Use and our Privacy Policy. Under no circumstances are you permitted to use, copy, distribute, upload, perform, display, incorporate or create derivative works from any of the
content posted on the Website, in any Blissful Life Community or any Blissful Life Asset without the express permission of the owner of the content.
Compliance With Laws. You acknowledge and agree that any use of any Blissful Life Assets by you must comply with all applicable laws, regulations, rules and orders of any court having jurisdiction over you, Us, and/or the recipient of any communication by you for which you have used the Website or our Services. Understanding all laws applicable to your conduct and communications is your responsibility. Some examples of laws with which you may be required
to comply include the CAN-SPAM Act, COPPA, CalOPPA, the GDPR, the EU Privacy and
Electronic Communications Directive, the U.K. Privacy and Electronic Communications
Directive, the Telephone Consumer Protection Act (TCPA), the Canada Anti-Spam Law (CASL)
and/or any other laws relating to privacy, security, intellectual property, consumer protection, terrorism, corruption, child protection, or import/export laws.
Non-Disparagement. By purchasing any Product or Service, you agree not to make any
statements or representations, whether in writing or orally, that disparage, defame, or discredit any member or employee of Blissful Life or engage in any activity which would have the effect of disparaging, defaming, discrediting or otherwise impairing the reputation, goodwill or commercial interests Blissful Life, or its members, managers, affiliates, officers, directors, employees or agents in their respective capacities as members, affiliates, officers, directors,
employees or agents, in any way. Notwithstanding the foregoing, nothing in this paragraph will prevent any person from making any truthful statement to the extent (i) necessary with respect to any litigation, arbitration or mediation involving this Agreement, including, but not limited to, the
enforcement of this Agreement or (ii) required by law or by any court, arbitrator, mediator or
administrative or legislative body (including any committee thereof) with apparent jurisdiction to order such person to disclose or make accessible such information. By entering into any business
relationship with Blissful Life, including the purchase of any Product or Service, you agree to notify Blissful Life of any statement that is required to be made as provided in the preceding sentence. Such notice will be given as much in advance of the making of such statement as is reasonably possible. The provisions of this paragraph survive the termination of this Agreement
and shall be valid and binding regardless of the reason for the termination.
Ideas and Suggestions. If you mail, e-mail, message or otherwise transmit any content to us, or post any content to the Website and/or any Blissful Life Community, and such content includes any ideas, suggestions, documents or proposals to Us, you acknowledge that a) nothing contained
in said content is confidential, b) We have no obligation of confidentiality with respect thereto, and c) We are not liable to pay you any compensation, reimbursement, or other payment unless expressly agreed to you by Us in a properly executed written agreement.
Permission and License. For any content that you transmit to us via mail, e-mail, message,
telephone, or submission to or via the Website, and/or any Blissful Life Community, you grant Us a worldwide, non-exclusive, perpetual, royalty-free, irrevocable, sub-licensable and transferable right and license to use, reproduce, display, publicly perform, distribute, share, communicate, copy, modify, delete, publish, edit, adapt, translate, create derivative works from and/or sell such
content and/or incorporate such content into any work, form, technology, medium or process, whether now or hereafter known throughout the world, without making any compensation to you.
As part of this license, Blissful Life is permitted to take screenshots of e-mails, messages, texts and other communications sent to Blissful Life for the purpose of posting same to any website, marketing, advertising, product, service or social media page/group/account. This license shall
survive the termination of these Terms of Use and your use of the Website and/or our Products or Services, and shall include sharing your content, or any part thereof, with any third parties.
Photographs. You hereby grant Us permission to use any and all photographs taken by Us or our agents, employees or other representatives, or submitted by you to us via mail, e-mail, website submission or on an open forum such as a social media platform, group, or other community. Our use of said photographs may include use in any media (print, television, Internet, radio/podcast or
any other form of publication), for any purpose, including marketing, advertising, promotion, or packaging of any product or service sold and/or marketed by Us. You further acknowledge and agree that said photographs may be licensed by Us to any third party, and may be combined with
other graphics, text, sounds and videos, or otherwise modified, altered and/or manipulated to fit the use intended by Us or our licensees, without paying any royalty, fee, or other monetary compensation to you.
You hereby agree to release, hold harmless and forever discharge Us from any and all claims, losses, damages or liabilities that you may suffer as a result of the use of any photographs taken by Us or Our agents or employees, or submitted by you to Us via mail, e-mail, website submission or on an open forum such as a social media platform. You further acknowledge and agree that this release is irrevocable, and is binding upon your heirs and assigns.
No Self-Promotion or Soliciting of Other Members. By using the Website, purchasing any Product or Service or participating in any Blissful Life Community, you acknowledge and agree that you will not use the Website, any Blissful Life Community, and the information you may have access to via any Blissful Life Assets to:
a) Promote or sell any service that directly or indirectly competes with any Product or
Service sold by Blissful Life;
b) Promote any product or service you are affiliated with in any Blissful Life Community or to other Blissful Life Community Members unless it meets all of the following
requirements:
It is not a product or service similar to a Product or Service offered by Blissful
Life;
It is relevant to the discussion;
You receive permission to promote said product or service from Blissful Life;
Any promotion by you complies with the applicable Blissful Life Community
rules, such as, but not limited to, the group rules posted in any Facebook Group
owned or operated by Us; and
In your promotion, you clearly and specifically disclose your affiliation with said
product in a manner that conforms to all applicable affiliate disclosure rules mandated by the FTC and any other governing authority. (While it is your responsibility to ensure that your affiliate links and promotions conform to
applicable regulations, in many cases a simple statement such as “Software ABC
can do that. Disclaimer: I work for company XYZ and I’m a developer of the
ABC Software.” This suggestion is an example only, and is not legal advice. If
you have questions regarding affiliate disclosures, you should seek counsel from
an attorney experienced in online marketing and advertising compliance matters.)
c) Engage in indirect promotions/showings or boosted comments in order to keep particular
posts “on top of the group”;
d) Engage in any other type of spam or self-promotion;
e) Direct message, e-mail or otherwise contact other members of any Blissful Life
Community Member for the purpose of self-promotion, lead generation, selling a product
or service, or to invite the Blissful Life Community Member to a different group,
program or service that is a competitor of Blissful Life or which sells or promotes a
product or service that can be considered a direct or indirect competitor of Blissful Life’s
Products or Services.
Non-Interference With Business Relationship. By purchasing any Product or Service or joining any Blissful Life Community, you acknowledge and agree that a) you will not interfere with or attempt to interfere with any business relationship or potential business relationship between Blissful Life and any member of any Blissful Life Community or the public; and b) you will not take any actions to induce any member of any Blissful Life Community of which you are also a
member to not purchase from Blissful Life or to stop using Blissful Life’s Products or Services.
For every instance where the above non-interference provision is violated by you, Blissful Life shall be immediately entitled, and you shall be immediately liable for liquidated damages in the amount of $10,000 per occurrence. The provisions in this paragraph shall apply in every instance, except in the event that Blissful Life provides express written approval to the solicitation of its
clients, customers and members, which may be provided in instances Blissful Life’s
communications with such client, customer or member have led Blissful Life to conclude that the client, customer or member is not a fit for Blissful Life’s Products or Services and may be a better fit for a different service provider.
Covenant Not to Compete. By purchasing any Product or Service or joining any Blissful Life
Community, you hereby agree not to compete with Blissful Life’s business, directly or indirectly, for the duration of your participation in any Blissful Life program by way of purchasing a Product
or Service, and for a period of 2 years following the termination of your participation, notwithstanding the cause or reason for the termination. This duty not to compete extends to the
United States and Canada.
As part of your obligation not to compete, you agree not to own, operate, manage, consult for, or be employed by any business that is substantially similar to Blissful Life’s business; is engaged in the same or similar business activities as Blissful Life; or is otherwise in competition with Blissful Life.
Should any court of competent jurisdiction find the foregoing restrictions invalid or
unenforceable for any reason, the Parties intend and agree that such court shall reform the provisions of this Agreement in a manner that renders the non-compete provisions herein reasonable and enforceable under the circumstances.
BLISSFUL LIFE Trade Secrets. Any and all business plans, methodologies, coaching
programs, coaching strategies, systems, processes, business models, scripts, know-how and other assets relating to marketing and advertising, sales, client onboarding, client service, client retention, vendors and service providers, products, services, and other information, materials and
know-how relating to Blissful Life’s work with its clients and community members (“Blissful
Life Systems”) constitutes Blissful Life’s proprietary and confidential trade secrets. As trade secrets are valuable intellectual property that derive their value from not being generally known, you hereby agree not to share, divulge, disclose, copy, disseminate, display, teach (verbatim or in re-packaged form) or sell any Blissful Life Systems or any part thereof to any third parties. The
Blissful Life Systems being used, taught and shared by Blissful Life are permitted to be used solely and exclusively in your own personal and business development. In no event are you permitted to use, include, copy, teach or incorporate any part of any Blissful Life Systems or Blissful Life Assets into any products or services marketed and/or sold by you.
For every instance where the above non-disclosure provision is violated by you, Blissful Life shall be immediately entitled, and you shall be immediately liable for liquidated damages in the amount of $10,000 per occurrence. The provisions in this paragraph shall apply in every instance, except in the event that Blissful Life grants an express, written license to use its trade secrets in
such a manner.
If you are interested in obtaining a license permitting you to include any Blissful Life Systems in your own products or services, please send an e-mail to customerservice@theblissfullifecoaching.com with the subject line “Blissful Life Systems Licensing Inquiry”.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS
PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING
MANDATORY ARBITRATION PROVISIONS:
AGREEMENT TO ARBITRATE: Any disputes arising out of or relating to this Terms of Use
Agreement and/or your use of the Website, any products or ervices sold, offered for sale,
advertised or recommended thereon, any posted content, and/or your use of any community and membership areas, shall be submitted to binding arbitration in accordance with the rules of the
American Arbitration Association, and each party hereby consents to any such disputes being so resolved. Judgment on the award so rendered in any such arbitration may be entered in any court having jurisdiction thereof.
However, you agree that this arbitration clause does not apply to the extent that the claim or lawsuit is being initiated by Blissful Life, LLC, based on your violation or threatened violation of Blissful Life, LLC’s intellectual property (trademark, copyright, patent or trade secret) rights. In such cases, Blissful Life, LLC may bring a lawsuit for injunctive relief to stop the infringement of
its intellectual property rights, as well as for damages and attorney fees, where applicable,
without first engaging in arbitration or other informal dispute-resolution process otherwise required by these Terms of Use.
WAIVER OF JURY TRIAL: By electing to resolve all claims and disputes via binding
arbitration, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND
STATUTORY RIGHTS TO APPEAR IN COURT AND HOLD A TRIAL IN FRONT OF A
JUDGE OR A JURY. Should any litigation arise between you and Blissful Life, LLC in any
court, state or federal, to vacate or enforce an arbitration award or otherwise, YOU AND
BLISSFUL LIFE, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect the dispute to be
resolved by a judge.
OPT-OUT OF ARBITRATION: You have the right to opt out of this arbitration agreement by emailing us at customerservice@theblissfullifecoaching.com and providing the following information:
a) Your name;
b) The URL of these Terms of Use;
c) You’re address;
d) Your phone number; and
e) A clear statement that you wish to opt out of this arbitration provision in the Terms of
Use.
The Opt-Out Notice must be emailed no later than 30 days after the date you first accept
the Terms of Use by using the Website.
YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT
WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
Third Party Content. Blissful Life, LLC may provide content from third parties, and links to sites operated by third parties over whom Blissful Life, LLC has no control. We do not monitor, approve, or update the content posted on these sites, and our inclusion of links thereto in no way implies or constitutes any association between Blissful Life, LLC and said third party, nor does it constitute any form of guarantee, endorsement, or representation with respect to the completeness or accuracy of the referenced third party content or site. You acknowledge that you use and rely on third party content solely at your own risk. Any third party posted by us is not a reflection of the views of Blissful Life, LLC.
Non-Interference. By using the Website, you agree not interfere with, disable, disrupt or
circumvent any security or security-related features that prevent or restrict the use of, or access to, any part of the Website, any of its features, the content posted thereon, or any of our Products or Services. You may not interfere with or disrupt the Website, servers or networks connected thereto, nor may you disobey any rules, requirements, policies, procedures or regulations of networks connected to the Website. Further, you may not use any device, software, or technology
to disrupt or negatively interfere with any other user’s experience or ability to use the Website or its functions and features, including the ability to purchase and use Products, Services, and Account or Membership benefits.
Reservation of Rights. Blissful Life, LLC reserves the right to terminate, in its sole discretion and without notice, any membership or user account, and/or block any user’s or member’s ability
to use or access the Website, or any of its pages, in any manner.
Blissful Life, LLC may access, preserve and disclose any personal information collected,
including your account information, usage, device and browser information, browsing behavior and other trackable data, and content posted by you, for any lawful purpose, as detailed in our Privacy Policy. We will always preserve such personal information if required to do so by law or court order, or if supported by a good faith belief that doing so is reasonably necessary to a)
comply with legal process; b) respond to claims by third parties; c) enforce these Terms of Use;
d) respond to your customer service requests, or e) protect the rights, property, life, health, safety
or security of Blissful Life, LLC, its employees, its users, or any other person or entity.
In order to protect our customers, ourselves, and the general public from fraud and other
unauthorized or illegal activity, we further reserve the right to screen all orders made through the Website for fraud and unauthorized or illegal activity, and to refuse to process any order found fraudulent, illegal or unauthorized, or suspected of fraud or unauthorized or illegal activity. We
may also cancel any accounts or refuse to ship to certain addresses due to suspected fraud or
unauthorized or illegal activity. If verification is required before processing your order, we may call you at the contact information you provided to confirm your order, address, shipping and/or
billing information, and/or identity.
Warranty Disclaimer. BLISSFUL LIFE, LLC IS PROVIDING THIS WEBSITE, ITS
CONTENTS, THE PRODUCTS AND SERVICES AVAILABLE THEREON, AND THE
MEMBERSHIP AREA AND FORUMS ON AN "AS-IS" BASIS. BLISSFUL LIFE, LLC
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, WITH RESPECT TO THE INFORMATION, CONTENTS, OR OPERATION OF THE WEBSITE OR ANY OF ITS FEATURES OR FUNCTIONALITIES, INCLUDING THE
MEMBERSHIP AREA.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLISSFUL LIFE, LLC
SPECIFICALLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES RELATING TO THE ACCURACY, TIMELINESS, RELIABILITY,
COMPLETENESS OR CURRENTNESS OF ANY INFORMATION CONTAINED ON OR
ACCESSIBLE THROUGH THE WEBSITE OR THROUGH ANY PRODUCT OR SERVICE
PROVIDED BY BLISSFUL LIFE, LLC.
BLISSFUL LIFE, LLC MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE WEBSITE, OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO SAME WILL BE SECURE,
UNINTERRUPTED, AND WITHOUT ERROR; (B) THAT DEFECTS OR ERRORS WILL BE
CORRECTED; OR (C) THAT THE WEBSITE OR ANY PRODUCTS OR SERVICES SOLD
OR DESCRIBED THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
Blissful Life, LLC does not promise, guarantee or warrant your personal or business success,
health, income, or sales.
It is possible for the Website and our Products and Services to contain mistakes, inaccuracies, and materials that conflict with these Terms. Should a conflict arise between anything posted on any Blissful Life, LLC website or service and these Terms, these Terms shall control.
Liability Limitation. BLISSFUL LIFE, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATING TO, THE USE OF THE
WEBSITE, THE COMMUNITY AND MEMBERSHIP AREAS, ANY SOCIAL MEDIA OR OTHER PUBLIC FORUMS AND THIRD PARTY ACCOUNTS OWNED AND/OR
OPERATED BY BLISSFUL LIFE, LLC, OR ANY OF THE PRODUCTS OR SERVICES
OFFERED FOR PURCHASE OR SALE THROUGH THE ABOVE CHANNELS. THIS
LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
PROPERTY DAMAGE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF DATA, AND
CLAIMS OF THIRD PARTIES.
Indemnification. By using the Website, any community or membership areas, or any social media or other public forums and third party accounts associated therewith, you agree to defend, indemnify and hold harmless Blissful Life, LLC and its officers, directors, agents, parents and subsidiaries, joint ventures, employees, affiliates, assigns and third-party service providers, from
all claims, causes of action, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and character without limit, including reasonable legal fees, arising out of your conduct, such conduct being inclusive of, but not limited to a) your misuse of the Website and any community or membership areas; b) your violation of any term of these Terms of Use; c) a
breach of your representations and warranties set forth above regarding content posted by you; d) your violation of any law or the rights of a third party (including, without limitation, any privacy, copyright, trademark, property or right violation); or e) any loss, damage, lawsuit or claim based on the allegation that content posted by you caused damage to a third party. Your indemnity obligation includes, but is not limited to, any third party claim against Blissful Life, LLC for liability for any actual and alleged losses, damages, or other liability caused by or related to you.
Your indemnification obligation will survive the termination of these Terms of Use and your use of the Website and any membership or community areas, groups, forums, social media pages and accounts, and other pages and platforms associated with the Website and the Products or Services provided or described thereon.
DMCA Notices. If you believe that any of your work or content has been copied, displayed, used, reproduced, or posted on the Website or any community or membership area or affiliated forum, page or third party platform, without your consent, and in a way that constitutes copyright infringement, please provide us with the following written information in accordance with the
Digital Millennium Copyright Act (the DMCA):
a) A signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright;
b) A precise description of the copyrighted work that is the subject of the alleged violation;
c) A description of where the infringing material is located on the Website or any
community/membership area;
d) A written statement by you in which you attest that you have a good-faith belief that use complained of is not authorized by the owner of the copyright or under the law;
e) Your name, address, telephone number and email address; and
f) A written statement in which you attest, under penalty of perjury, that you are the
copyright owner or are authorized to act on the copyright owner's behalf, and that the information provided in your DMCA notice is true and accurate.
All DMCA notices must have “DMCA Notice” as the subject line and shall be directed to:
customerservice@theblissfullifecoaching.com
Privacy. Please see our Privacy Policy at www.theblissfullifecoaching.com/privacy-policy for details regarding the manner in which Blissful Life, LLC may collect, process and use personally identifiable information about you, including any information you supply or we may collect in connection with your use of the Website,
including any community and member areas.
No Waiver. Failure of Blissful Life, LLC to insist on, or take immediate action to enforce strict
compliance with, any of the terms, covenants, warranties and conditions contained in this Terms of Use, shall not be deemed a waiver of such terms, covenants, warranties and conditions, or of any similar right or power hereunder, at any subsequent time. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.
Choice of Law and Forum Selection. This Agreement shall be governed and construed in accordance with the laws of the State of Illinois, excluding that State’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Illinois, excluding that State’s choice-of-law principles.
With regard to those circumstances in which the Arbitration provisions of this Agreement, if any, do not exclude litigation in court, you hereby expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Cook County, Illinois.
Dispute Resolution. Should a dispute arise between you and Blissful Life, LLC, please contact our customer service team by sending an e-mail to customerservice@theblissfullifecoaching.com.
We will do our best to arrive at a speedy and cost-efficient resolution to any dispute, to the extent of our ability. If, however, we cannot resolve the dispute via our customer service department, the
following applies:
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND BLISSFUL LIFE,
LLC AGREE THAT ANY CLAIM OR LEGAL PROCEEDING ARISING OUT OF OR
RELATED TO THE WEBSITE, ANY PRODUCTS OR SERVICES PURCHASED OR
AVAILABLE FOR SALE THEEREON, AND ANY COMMUNITY OR MEMBERSHIP
ACCOUNTS ASSOCIATED THEREWITH, MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CLAIM OR CAUSE OF ACTION FORMING THE BASIS OF THE CLAIM
ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
No Class Actions. By using the Website and associated services, you consent, acknowledge and
agree that class actions, class arbitrations, mass actions, private attorney general actions, and
consolidation of matters with other arbitrations are expressly prohibited under these Terms of
Use. All disputes against Blissful Life, LLC must be resolved on an individual basis. You may
not bring a claim or lawsuit against Blissful Life, LLC as a plaintiff or class member in a class
action, consolidate action, mass action, or representative action.
Force Majeure. Blissful Life, LLC will be excused from any delay or failure of performance
required under these Terms of Use if caused by reason of any event, circumstance, occurrence or
contingency, regardless of whether it was foreseeable, which is a) not caused by, and is not within
the reasonable control of Blissful Life, LLC, and b) prevents Blissful Life, LLC from performing
its obligations under this agreement. Such events may include, but are not limited to: acts of war;
insurrections; fire; laws, proclamations, edicts, ordinances or regulations; epidemics, pandemics
and disease outbreaks; strikes, lock-outs or other labor disputes; riots; explosions; and hurricanes,
earthquakes, floods, and other acts of nature. The obligations and rights of Blissful Life, LLC
shall be extended on a day-to-day basis for the time period equal to the period of such excusable
interruption.
Assignment. Blissful Life, LLC may assign its rights under this Terms of Use document at any
time, without providing any notice to you. You may not assign your rights under this Terms of
Use without the express written consent of Blissful Life, LLC or its assigns.
Survival. All provisions that logically ought to survive termination of this Terms of Use,
including but not limited to applicable Representations, Covenants, Warranties, Limitation of
Liability, Indemnity, Choice of Law, Forum Selection, and Arbitration provisions, shall survive
and continue to apply even after you stop using the Website and the content and services provided
through same.
Severability. If any provision of this Terms of Use document is declared by any court of
competent jurisdiction (or arbitrator) to be illegal, void, unenforceable or invalid for any reason
under applicable law, the remaining parts of these Terms of Use shall remain in full force and
effect, and shall continue to be valid and enforceable. If a court (or arbitrator) finds that an
unenforceable portion of these Terms of Use may be made enforceable by limiting such
provision, then such provision shall be deemed written, construed and enforced as so limited.
These Terms of Use are intended to be interpreted in a manner that renders them valid, legal and
enforceable, and the parties hereby expressly agree that a court of law (or arbitrator) may modify,
restrict or limit the terms herein to accomplish that intent.
Headings. Any heading, caption or section title contained herein is inserted only as a matter of
convenience, and in no way defines or explains any section or provision hereof.
Notices. Any notice required to be given to Blissful Life, LLC under these Terms or otherwise,
must be in writing, and emailed to customerservice@theblissfullifecoaching.com