Terms and Conditions Agreement
This Terms and Conditions Agreement (“Agreement”) is between Kim McIntyre doing business as Joyful Being Transformations, LLC (“Joyful Being”) and You (“User” or “you”) regarding a program you wish to purchase through Joyful Being.
This Agreement is a binding legal contract; please review it in full. By purchasing or subscribing to a program, product, or course (the “Program”) via the JoyfulBeing.com website, you expressly agree to be bound, without modification, to this Agreement. If you do not agree to be bound to this Agreement, you cannot purchase or subscribe to the Program.
Joyful Being may amend this Agreement at any time by sending you a revised version at the email address you provide us, and you automatically become bound by the latest version of the Agreement unless you withdraw from the Program. You have an affirmative duty to notify us of any changes to your email address, and to review any changes to the Agreement.
This Agreement was last modified on March 16, 2018.
The Program. You will receive the services and/or materials as described on the webpage for the Program that your purchased or subscribed to.
Your Duties. You must be willing to review all Program materials and participate fully in the Program to achieve results. You understand that any abusive, negative, or inappropriate conduct with Kim McIntyre or any other Joyful Being staff is a material breach of this Agreement.
Payments. You agree to pay the fee(s) for the Program as described on the Program webpage. Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. You understand that if a payment is late, charged-back, or declined for any reason, you will no longer have access to the Program until the late payment is rectified. Joyful Being will have the right to recover expenses including collection costs and reasonable attorney’s fees incurred in the collection of overdue amounts. You understand and agree that you are responsible for the payment even if you choose not to utilize the Program.
“No-Questions-Asked” 60-Day 100% Money Back Guarantee. If you are not satisfied with the Program, or if you want a refund for any or no reason, you must send an email to Kim McIntyre at email@example.com within sixty (60) days of purchase and she will cancel your purchase and refund your payment using PayPal.
Intellectual Property. Joyful Being owns the copyrights and other intellectual property rights over this website and any materials provided in the Program under this Agreement. You have a license to use the materials provided in the Program only for your own individual, private use. You are not allowed to reproduce, share, distribute, or sell these materials, including on the Internet or via social media.
Term. This Agreement begins when you purchase the Program and will continue until the Agreement is terminated under this section. If you materially breach this Agreement, Joyful Being may terminate this Agreement upon three (3) days written notice, unless the breach is cured within the notice period.
No Guarantees or Warranties. The Program is for your education and information. Joyful Being cannot and does not guarantee that any specific results will be obtained from the Program, because your results involve factors beyond the control of Joyful Being, including your personal history and future efforts.
Disclosure. Joyful Being is not providing mental health services or therapy through this website or through any of the Programs sold or subscribed to via this website. You should seek medical advice for any medical or mental health problems, and you have the responsibility to consult with a medical professional regarding any medical conditions. If you are currently being treated for a medical condition and/or are under the care of a medical professional, this website and these Programs are not a substitute or replacement for that program of care.
Force Majeure. Neither Party will liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, government regulations or controls, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
Waiver of Consequential Damages. No party will be liable to another party or any person, firm, corporation or other business association claiming by, through or under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.
Legal Terms. The terms of this Agreement cannot be waived or modified except by an express agreement in writing signed by all the parties. You may not assign this Agreement to any other party without Joyful Being’s written consent. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter contained in this Agreement. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.
Choice of Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida.
Arbitration. It is expressly agreed by you and Joyful Being that any controversy or claim arising out of or relating to this Agreement or the breach thereof will be settled by arbitration administrated by the American Arbitration Association, in accordance with its rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In any arbitration arising out of or related to this Agreement, the arbitrator(s) will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.
Reporting Copyright Infringement (DMCA). Joyful Being complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at: Joyful Being Transformations, LLC, 414 NW Knights Ave #458, Lake City, FL 32055-7247 or firstname.lastname@example.org containing the following information:
- Your contact information (name, mailing address, phone number).
- A description of the copyrighted work that you believe was infringed.
- A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link.
- A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner or the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.
- Your digital or physical signature.
Any questions about the Agreement can be directed to:
Joyful Being Transformations, LLC
414 NW Knights Ave #458
Lake City, FL 32055-7247