Terms & Conditions - Mandy Perry

Terms & Conditions

BY VISITING WWW.MANDYPERRY.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

OVERVIEW
The terms “we,” “us,” and “our” refer to MANDY PERRY or MANDY PERRY, Inc..

The term the “Site” refers to WWW.MANDYPERRY.COM.

The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

THE SITE PROVIDES THE FOLLOWING, BUT NOT LIMITED TO: A BLOG; ELECTRONIC SERVICES; DIGITAL PRODUCTS FOR SALE; TRAININGS; PHYSICAL PRODUCTS FOR SALE; and MEMBERSHIPS (collectively the “Service” or “Services”).

Use of MANDYPERRY.COM, including all materials presented herein and all online services provided by MANDY PERRY, 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 and understanding 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 health, healing and wellbeing and other information are subject to change without notice. MANDY PERRY makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. MANDY PERRY disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION
In order to use the Service, you may be required to provide personal identifiable information about yourself including your name, email address, username and password, and other combinations of personal information. You agree that any registration information you give to MANDY PERRY 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 Services, violate any laws in your jurisdiction.

LAWFUL PURPOSES
You may use the Site and Services 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 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.

ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning Service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

ONLINE COMMERCE 
Certain sections of the Website or its Services may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Services, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant. Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content. 

 

CANCELLATIONS, REFUNDS & REFUND POLICY

ALL SERVICES AND PRODUCTS ARE NON-REFUNDABLE. ALL SALES ARE FINAL.
We only offer refunds in extraordinary circumstances. 
If at any time you decide to cancel your Services, subscription and/or payments for any reason, you will lose access to any ongoing membership program within 24 hours.  If you have participated in, and paid in full for, a completed program, you will retain access to that material indefinitely, unless the cancellation was due to a violation of these Terms and Conditions.

SERVICE/PRODUCT DESCRIPTION
We endeavor to describe and display all Services as accurately as possible. While we try to be as clear as possible in explaining the Services, 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.

PERSONAL RESPONSIBILITY/ASSUMPTION OF RISK
You agree that you are using your own judgment in using our Website and its Services and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or the Services provided and are merely education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website and Services. 

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you. 

 

LEGAL & FINANCIAL
This Website and its Services are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Website and its Services is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website or its Services. You are solely responsible for your results.

You further acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Website or its Services. We do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or its Services and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our Website or its Services. You agree that your results are strictly your own and we are not liable or responsible in any way for your results. 

RELEASE OF MEDICAL LIABILITY
Neither this Website nor its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. Mandy Perry nor any of her employees, coaches, agents are licensed physicians.  The information provided through our Website or Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Services, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever. 

MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any information, 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 Mandy Perry. By posting and/or submitting any content on or through the Website, including but not limited to: posts; comments; images; and/or videos, you are representing that you are at least 18 years of age and the rightful owner of all such material.  

You agree to hold Mandy Perry 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 any material on the Site, you agree and grant us and any other party or third-party authorized by us with a worldwide, perpetual, unlimited, royalty-free, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.. This right includes granting us proprietary rights under any relevant jurisdictions without any further permission from you or compensation by us to you.

OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Mandy Perry, 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.

If you are granted written permission to use any content from us, you agree to use the specific content that we allow and ONLY in the ways for which we have given you our express written permission. If the content is used in any way that we did not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately cease and desist from using such Content and to take whatever actions as we may request and by the methods we prescribe to protect our intellectual property and ownership rights in the Website. 

CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these   amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

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, MANDY PERRY 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; ACT OF GOD; PANDEMIC; ACT OF TERRORISM (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 MANDY PERRY 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 MANDY PERRY’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MANDY PERRY, AND IF NO PURCHASE HAS BEEN MADE BY YOU, MANDY PERRY’S  CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES
The Site and the Service 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 Mandy Perry. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION
You shall indemnify and hold Mandy Perry, Inc., Mandy Perry, her employees, contractors, or agents 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, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. 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.

EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER
Online purchases have additional terms of use relating to the transaction.  If you have purchased a Service, membership, program, product or subscription or otherwise entered into a separate agreement with Us, you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. 

No waiver of any of the provisions of these Terms and Conditions by Mandy Perry shall be deemed, or shall constitute, a waiver of any provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Mandy Perry.

NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in electronic mail to: support@mandyperry.com

ASSIGNMENT
These Terms and Conditions bind and insure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Updated: July 2020

 

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