TERMS AND CONDITIONS
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By visiting and using Rarebirdwellnesscoaching.com (hereinafter the “Website”), you accept and agree to be bound by
these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated
herein by reference.
The term “you” refers to anyone who uses, visits, and/or views the website. Rarebird H&W Coaching LLC (“company”, “I”,
“we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time
without notice and by using the website, you accept those amendments. It is your responsibility to periodically
check the website for updates.
Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your
acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound
by these Terms and Conditions.
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INTENDED AGE
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All information and content on this website are intended for individuals over the age of 18. Children, as defined
in our Privacy Policy, are prohibited from using this website. And to comply with Children on-line privacy protocol
(COPPA), and General Data Protection Regulation of the EU (GDPR) you must be over 18 years of age to visit or
use website, programs, service and workshops. Website content is NOT for anyone under 18 years of age.
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PRIVACY POLICY
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We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is
expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
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DISCLAIMER
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Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review
the Disclaimer for more information.
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MANDATORY ARBITRATION AND GOVERNING LAW
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You expressly waive any legal claims you may have now or in the future arising from or related to the website and
our services/products. In the event of a dispute, claim, or controversy arising from or relating to your use o
f this website, the terms and conditions shall be construed under the laws of the state of New Jersey, United States.
You agree to first resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction and courts of New Jersey,
United States, without regard to conflict of law principles or where the parties are located at the time of the dispute.
You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith
is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other
legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party
shall be entitled to recover reasonable attorney's fees and other legal costs.
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INTELLECTUAL PROPERTY
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All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials,
services, products, videos, audio, applications, computer code, designs, downloads, and all other information
here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual
property and unfair competition laws except for any content from others that we are lawfully permitted to use.
You are granted a limited revocable license to print or download Content from the website for your own personal,
non-commercial, non-transferrable, informational, and educational use only while ensuring it’s not in violation
of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post,
create derivative works, reverse engineer, sell, rent, or license any part of the Content in any way to anyone,
without our prior written consent. You agree to abide by the copyright, trademark laws, and intellectual property
rights and shall be solely responsible for any violations of these terms and conditions.
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USER CONTENT AND LAWFUL USE OF THE WEBSITE
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For any Content or information that you upload, display, post, transmit, send, email, or submit to us on the
website or any of our social media sites, you warrant that you are the owner of that Content or have express
permission from the owner of those intellectual property rights to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else
working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify
you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website
and any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any
infringement of copyrights, trademarks, or other proprietary rights of any Content or
information that you provide to us.
You agree not to upload, display, post, transmit, distribute, send, email, or submit to us on the website or
any of our social media sites any information or Content that is:
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illegal, violates or infringes upon the rights of others,
- defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
- encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or
otherwise violate any law,
- distribute material including but not limited to spyware, computer viruses, any kind of malicious computer
software, or any other harmful information that is actionable by law,
- any attempts to gain unauthorized access to any portion or feature of the website, and
- send unsolicited or unauthorized material or disrupt the operation of the website. You agree to use the
website for lawful purposes only and shall be liable for damages resulting from the violation of any provision
contained in these Terms and Conditions.
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THIRD-PARTY LINKS
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The website may contain links to third-party websites or resources for your convenience. We may serve as an
affiliate for some of these third-party websites by offering or advertising their products or services on
the website; however, we do not own or control these third-party websites. Once you click on a third-party
link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content, or any information presented on these
third-party websites. You assume all risks for using these third-party websites or resources and any
transactions between you and these third-party websites are strictly between you and the third party. We
shall not be liable for any damages resulting from your use of these third-party websites or resources.
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USE OF OUR PAID AND FREE PRODUCTS
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On this website, we may provide free products for download as well as sell paid courses, programs, physical or
digital products, and any other related materials (collectively, "products"). All of our products and/or services,
including all content, are copyright protected under US and international copyright laws. You are granted a limited
revocable license to print or download Content from our digital products for your own personal, non-commercial,
non-transferrable, informational, and educational use only while ensuring it’s not in violation of any copyright,
trademark, and intellectual property or proprietary rights. Copying or storing our content for other than personal
use is expressly prohibited without our prior written consent.
You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative
works of, reverse engineer, enhance, or exploit our products. You cannot sell or redistribute any of our products,
whether free or paid, without our express written consent. You agree to abide by the copyright, trademark laws,
and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
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TERMINATION
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We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke, and terminate your
use of our website including any or all Content published by you or us at any time for any reason, without notice.
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PAYMENTS
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In purchasing a coaching program, Service/product the client is agreeing to be legally bound by the following terms:
All payments are due before time of service/product is received. We accept Stipe, or Pay-Pal. You will be given
a receipt for services rendered.
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NON-SUFFICIENT FUNDS
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In the event you fail to pay your bill, you agree to pay the full amount of the re-bill and any reasonable attorney’s
or collection fees to the provider.
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NO REFUNDS, RETURNS OR EXCHANGES ALLOWED
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All sales of services and or products on this website are final. There are no refunds, returns, or exchanges allowed.
There will be no exceptions. Please carefully review all products before purchasing to ensure that you have
purchased the correct Service/product. Failure to use the product you purchased from us does not give you
the right to refuse payment of any associated charges.
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CANCELLATION POLICY
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All service sales are final, this includes but not limed to: Coaching service, Virtual events and Workshops.
Once your purchase is made there will be NO REFUND on cancellations. We recognize you have the right to with
drawl from a program and/or if you feel you no longer want to participate in a program/service for any reason,
the client will still be responsible for the full payment of the program.
If you are not satisfied with a service, please contact us in writing by email with your concerns. We will work
with you to address any issues and try to resolve for your satisfaction.
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UNSUBSCRIBING
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You may opt out of mailing list at any time: Just send an email to Rarebirdhwcoaching@gmail.com requesting to be
removed from the email list. Note: from time of receiving request, it may take up to 3 business days.
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NO GUARANTEES
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We do not offer guarantees concerning outcomes or promise of precise results. Client is responsible for creating and
applying their own decisions, actions and results. For each buyer will have a different experience based on individual
mindset, goal, and actions.
The client agrees that the coach is not responsible or liable for any actions or inactions taken nor for any intended
or unintended results of any services provided by the coach.
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NO WARRANTIES
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ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT
ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY
PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES
AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES
NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION
PRESENTED HERE WILL BE COMPLETE, CURRENT, OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND
EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
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LIMITATION OF LIABILITY
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You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by a third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort,
or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for
the content presented here, and you accept that no particular results are being promised to you here.
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INDEMNIFICATION
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You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint
venture partners, or anyone else working with us harmless from all losses, claims, damages, demands, actions,
suits, proceedings, or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities")
assessed against or otherwise incurred by you arising, in whole or in part, from (a) actions or omissions,
whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives;
(b) all your actions and use of the website including purchasing products and services; (c) violation of any
laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by
you or anyone related to you; e) infringement by you or any other user of your account of any intellectual
property or other rights of anyone. The Company will notify you promptly of any such claims or liability
and reserves the right to defend such claim, liability, or damage at your expense. You shall fully
cooperate and assist us if requested, without any cost, to defend any such claims.
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WAIVER OF CLASS ACTIONS
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You agree that any dispute arising from or related to this Agreement will be resolved solely between you and the
Company. You waive your right to bring a class action against us and agree not to bring claims against us as
a member of a class or as a representative.
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ENTIRE AGREEMENT
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These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire agreement between you
and us for this website. It supersedes all prior or contemporaneous communications, discussions, negotiations, or
proposals we may have had with you whether electronic, oral, or written.
A printed version of this entire agreement including the Privacy Policy and Disclaimer and any notice given in
electronic form shall be admissible in judicial or administrative proceedings concerning this website to the same
extent and given the same effect as other business contracts and documents kept and maintained in printed form.
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SEVERABILITY
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If any provision in these Terms and Conditions is deemed by a court, regulatory authority, or other public or
private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been
omitted from this Agreement. The remainder of this Agreement remains in full force and effect and is modified
to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
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MODIFICATIONs
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Company reserves the right, in its sole discretion and without notice, to (a) revise these Terms and Conditions;
(b) modify the website and/or any services or products it offers; and (c) discontinue the website and/or
products or services at any time. Any changes to these terms will take effect immediately. You agree to
review these Terms and Conditions and any other online policies posted on the website regularly to be aware
of any changes. You agree to be bound by the revision if you continue to use or access the website after
these modifications.
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ACKNOWLEDGEMENT
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By using any of our products, or services or accessing the site, you acknowledge that you have read and agree to be
bound by these terms and conditions.
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CONTACT
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For any questions, please contact us at Email me
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