Terms of Use and Privacy Policy
These Terms of Use and Privacy Policy govern the use of Badass Self-Care, LLC’s services (the “Services”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES.
Services
The Badass Self-Care Company, LLC (the “Company”) (“we”, “us”) provides an online website with information about and offers the sale of products and services.
These Terms of Use (the “Terms”) apply to any websites, software, application, products, services, provided by the Company, unless stated otherwise. “Services” shall mean the use of Company’s website, software, application, products and services, for informational purposes or to exchange communication or make purchases.
By accessing or using the Services, you (the “User”) hereby agrees to comply with and be bound by the Terms as detailed below.
Permissible Use of Services
All Users are welcome. It is suggested that consumers of our products be at least thirteen (13) years of age. Purchasers should be least eighteen (18) years of age and authorized to use the payment method they choose to make their purchases.
User agrees to comply with all applicable local, state, national and foreign laws, treaties, regulations, and conventions in connection with its use of the Services including, without limitation, those related to data privacy, international communications, online commerce, online use, and the exportation of technical or personal data.
User shall ensure that any use of Services by User is in accordance with these Terms of Use. User agrees that any User information submitted to Company is true, accurate, and complete.
User agrees to notify Company immediately of any unauthorized use of User’s account or identification information or any other known or suspected breach of security or any known or suspected distribution of User data.
User shall not use Services:
for any unlawful purpose; or
in a manner that constitutes a violation or infringement of any person, firm, or company’s rights (including, but not limited to, rights of trademark, copyright, or privacy).
Company reserves the right to remove any User for any reason at any time in its sole discretion with or without notice, and with or without refund.
Company-User Relationship
Company provides an online platform through which Users can read information, view descriptions of products and services offered for sale, and process purchases of the same.
Nothing in these Terms creates any special relationship between Company and User, such as a partnership, joint venture, or employee/employer relationship. Likewise, neither Company nor User has the authority to, and will not, act as agent for or on behalf of the other party or represent or bind the other party in any manner, unless otherwise expressly agreed upon in writing in advance by the parties.
User Profile
User may be invited to create a User profile under certain circumstances that may include any of the following: to sign up for email notifications, newsletters, make certain purchases such as course purchases, or enroll in certain activities. We will provide prospective Users with a link and/or password to access any other platforms maintained by us to which the User is given access, including social media spaces we occupy.
When prompted, the User will enter the requested information. For purchases, including credit or debit card information, the information will be entered into the online payment platform. We will contact you once the User profile has been created and/or the purchase has been completed.
By creating an account, or making purchases, User represents and warrants to Company that all information provided during the account creation or transaction process is true and correct to the best of User’s knowledge.
Termination of Company-User Relationship
Company has sole and absolute discretion to suspend or terminate your use of Services as a result of your breach of any obligation under these Terms or our Privacy Policy or for any other reason at any time Such suspension or termination may be immediate and without notice or refund.
Passwords, Access, and Notification
User acknowledges and agrees that User is prohibited from sharing passwords and/or any other account information with third parties. User is responsible for safeguarding the confidentiality and use of User’s passwords or any other account information. User agrees to timely notify Company if User becomes aware of any loss, theft, or unauthorized use of User’s password or any other account information.
Data Collection
In the process of using Services, it is possible that User may provide personally identifiable information. Company is not responsible for any personally identifiable information User may ultimately provide through use of Services. It is the User’s responsibility to be aware of what they are sharing and with whom they are sharing it.
User will not share, sell, rent, or trade any of the data it collects from User beyond what is outlined in the Privacy Policy. User may use de-identified data for product development, research, or other internal purposes. User reserves the right to disclose User’s personally identifiable information as required by law and when User believes that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process.
Privacy Policy
By creating an online account and accessing or using the Services, you expressly consent to the terms of this Privacy Policy.
Our privacy practices covers us only, and does not cover the practices of other businesses or users with whom you may engage through our website, including those that may process payment for this website, those that may participate in group electronic communications, or those that may advertise or sponsor content, products, or services on the Services.
We may obtain various types of information related to you and your use of our Services. This may include information that directly identifies you such as your name, address, or contact information (this type of information may be called “personal information” or “personally identifiable information”).
The information we obtain generally consists of information (1) you give us about yourself, (2) you give us about others, (3) automatically collected about your interactions with the Services, payment, and our content or ads on third-party websites, apps, or other media, and (4) we get from other sources. You may not be able to use certain features if you choose not to submit the requested information. The information you give us may include details such as:
You may give us information about other people, such as the name and email of a friend or contact with whom you want to share our content. Do not give us information about others unless you are authorized or have their consent to do so. We will use their information for the purposes described in this Privacy Policy.
The Services may automatically log certain information about visits to the Services, such as the number and frequency of visitors, technical information about browsers and devices used to access the Services, and information about crashes or other technical issues. In addition, we and third parties may automatically collect certain information through automated means about your activities over time across the Services as well as across third-party sites, apps, or other media.
The tools that collect this information vary depending on the Services and platforms, and may include technologies such as cookies, web beacons, tags, scripts, pixels, local shared objects (including HTML5 cookies), and software development kits (“SDKs”). These technologies may be included in our web pages, mobile apps, emails, and other digital content. The tools may assign or collect unique cookie IDs or other identifiers associated with your browser or device. The tools may collect information while you are using our Services or while they are running in the background of your device.
The information automatically collected may include:
Information about your computer, device, browser, and operating system (e.g., type, model, or version).
Internet protocol (IP) address, which may be used to derive your general geographic area (e.g., city and country).
Device identifiers (e.g., mobile advertising IDs).
Information about your interactions with the Services, including browsing activities and clickstream data that reflect the content you have accessed, clicked on or viewed.
Information about how you accessed the Services, including details about websites or apps visited immediately before or after accessing a Service.
Demographics, interests, and household information.
Information about your interactions with email messages and other communications, such as whether you opened or forwarded the email or clicked on links contained in the email.
We receive information about you from other sources and it may be combined with other information about you. For example, we may obtain data from:
Operators of third-party sites or apps, content distribution channels and platforms, voice-activated assistants or other devices and technologies, when you interact with our content, products, services, or ads available on those channels and platforms. The information we receive may include information about the content you view or access as well as your demographic information and information about your interests.
Third-party data suppliers such as data aggregators, data resellers, public databases, and business partners. They may provide us with demographic information, information about your transactions, and other information that helps us learn about you and other users of the Services.
Social Media Platforms and similar services (“Social Media Platforms”). When you engage with our content or ads on Social Media Platforms, or interact with features on the Services that contain content or features provided by Social Media Platforms (e.g., log in or sign in to our Facebook or other spaces, use features or tools that allow you to share our content with others on Social Media Platforms), you do so at your own risk. Social Media Platforms may also gather information about your use of the Services and their features and tools. We have no control and make no representations of your privacy or security on internet platforms. We may also obtain information from Social Media Platforms, including your username, user ID, demographic information and other information, subject to the settings and privacy practices of the relevant Social Media Platform. We may obtain this information directly from the Social Media Platform or through plug-ins, integrations, or applications.
If you make a transaction using a Service, we and/or payment platforms we may employ to process those payments such as PayPal, will use your payment card information (e.g., your card number and expiration date) for purposes including to process your transaction (including recurring payments, if applicable), to provide you with the requested products or services and for the purposes described under the section “To protect our rights or the rights of others” below.
With respect to information other than your payment card information, we may use that information:
To provide you with Services. This may include:
· Processing your requests regarding the Services and our products or services,
· Providing customer assistance or technical support and solving problems,
· Customizing content, providing recommendations, and enhancing the quality and your overall experience with the Services, including by retaining your user preferences or presenting content in the most effective manner for the browser or device you use to access the Services,
· Maintaining, operating, improving, and developing the Services and related content, products, or services, including developing new products and features based on users’ interactions with the Services,
· Learning about users of the Services and analyzing how you and others interact with and respond to the Services, including by measuring and optimizing usage, reliability, and performance, conducting market research, analyzing trends, and supporting our operations (e.g., for accounting, auditing, financial, legal or other purposes).
To communicate with you. This may include:
· Sending you informational messages about the Services,
· Delivering marketing or promotional communications, including offers or promotions about our or third parties products, services, or other initiatives,
· Responding to your questions or addressing your requests,
· Communicating with you about surveys, sweepstakes, contests, promotions, or events.
We may share the information we obtain with:
Sellers, Other Users, and Third Parties. If you transact with another user or a third party in connection to us, or other feature made available on or in connection with the Service, we may share your personal information with the other user(s), or third party to facilitate the transaction you requested. If there are subsequent issues with the transaction such as a dispute, we may also share your information to help resolve the issue.
Affiliates and Subsidiaries. We may work with affiliates and subsidiaries as necessary and with whom we share your information as necessary or appropriate to operate the Services.
Service Providers. In connection with the operation and provision of the Services, we may engage various third parties to provide services or handle transactions on our behalf, such as payment card processing, email distribution, list processing, postal mailing, cloud computing, analytics, digital content performance measurement, ad serving, and managing sweepstakes, contests, promotions or events. These service providers use the information we provide to them as necessary or appropriate for the performance of their services.
Advertisers, Advertising- and Marketing-Related Service Providers and Partners. We may provide your information to advertisers, advertising agencies, ad networks, ad exchanges, marketing businesses, technology vendors, and other entities that create, deliver and assess advertising or marketing campaigns, including interest-based ads.
Content Measurement Companies. We and third parties may seek to measure the performance of content across the internet, including on Services. We may include third-party measurement software in the Services to enable market research or to measure digital and video content consumption.
Social Media Platforms. If you interact with social media widgets, share content using social media share buttons, or access features of the Services that contain content or features provided by Social Media Platforms including Facebook, the relevant Social Media Platforms may collect information. We encourage you to review the privacy policies of the Social Media Platforms that you engage with as we are not responsible for their privacy practices.
Business Partners. We may provide your information to business partners including, without limitation, joint marketing partners and content sponsors, for various purposes. For example, we may partner with a third party to offer products on a co-branded, co-sponsored, or cross-promotional basis that involves the sharing of information. These initiatives may be offered on Services or on other media.
Other Parties When Required by Law or As Necessary to Protect Our Rights. We may share your information as we believe is necessary or appropriate to protect, enforce, or defend our legal rights, the privacy or safety of our employees, users of the Services or other individuals and entities, or to comply with or enforce applicable industry standards, law or legal process, including responding to court orders, warrants, subpoenas and other requests from public and government authorities.
Corporate Transactions. We reserve the right to transfer any of the information we have about you to proceed with the consideration, negotiation, or completion of a sale or transfer of all or a portion of our business or assets to a third party, such as in the event of a merger, acquisition or other disposition, or in connection with a bankruptcy reorganization, dissolution, or liquidation.
With Your Consent or Otherwise at Your Direction. In addition, we may share your information with third parties when you consent to or request such sharing.
How We Protect Your Information
We use a variety of security technologies and procedures to help protect information from unauthorized access, use or disclosure, and we select companies such as payment processers that take commensurate security measures. However, no method of transmission over the internet, or method of electronic transfer, commerce or storage, is 100% secure. Therefore, while we make reasonable efforts to protect your personal information, we cannot guarantee its absolute security.
By using this website you consent to the collection and use of your anonymous data, personal information, and/or form submissions for the purposes of analytics and advertising.
Non-U.S. visitors operate the Services from the United States. Any information we obtain about you in connection with your use of the Services may be processed and stored in the United States or other countries.
Children's Privacy Rights
The Services are not intended for use by children, especially those under the age of 13, and we do not knowingly collect personal information from children under the age of 13.
Changes To This Privacy Notice
We may update this Privacy Notice from time to time to reflect changes in our privacy practices or applicable laws. In accordance with applicable law, we may make such changes without prior notice. We will publish the updated version on the relevant Services and indicate at the top of the Privacy Notice when it was most recently updated. Your use of the Services will be governed by the then-current version of the Privacy Notice.
Contact us if you have any questions about this Privacy Policy, please contact us by email at melinda@melindascime.com.
Your Rights Over information.
In certain circumstances, you have a right to access or object to the use of personal information held about you (including in relation to direct marketing). You can also ask us to rectify, update, erase, restrict, or share your information in a usable format with another company. Such requests are subject to applicable law. We encourage you to contact us to update or correct your information if it changes or if the personal information, we hold about you is inaccurate.
International Data Transfers
Information collected through the Services will be processed in and subject to the laws of the United States, which may not provide the same level of protection for your personal information as your home country. If we transfer personal data from the European Economic Area, the United Kingdom, and Switzerland we put in place safeguards.
Changes To The Privacy Notice
Where changes to this Privacy Notice have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you advanced notice so that you have the opportunity to exercise your rights (e.g. to object to the processing).
Privacy Officer and Complaints
Our Privacy Officer can be contacted at melinda@melindascime.com.
We are committed to working with you to obtain a fair resolution in the event you have a complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to make a complaint to a data protection authority.
Intellectual Property
User hereby acknowledges and agrees that Company solely owns, without restrictions or liability of any kind, all right, title, and interest in and to any and all Company intellectual property, including, but not limited to, all trademarks and trademark applications, service marks and service mark applications, copyrights and copyright registration, know-how, trade secrets, trade names, and patents and patent applications, as applicable.
User Support
Company will make commercially reasonable efforts to promote User’s successful utilization of the Services, including, but not limited to, product maintenance and User information technology support.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWABLE BY LAW, COMPANY’S TOTAL LIABILITY ON ANY CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL PRICE USER PAID TO COMPANY SPECIFICALLY TO ACCESS AND USE THE SERVICES. COMPANY FURTHER DISCLAIMS ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR ANY PRODUCTS OR SERVICES PROVIDED BY (I) USER; (II) USER SUPPLIER, (III) USER SUBCONTRACTOR, (IV) USER ASSIGNEE, OR (V) ANY OTHER AGENT OF USER TO THIRD PARTIES.
Indemnification
TO THE EXTENT PERMITTED BY APPLICABLE LAW, USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, AND UPON COMPANY'S REQUEST, DEFEND COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS (EACH A “COMPANY INDEMNIFIED PARTY”) FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COURT COSTS, (COLLECTIVELY, “LOSSES”) INCURRED BY A COMPANY INDEMNIFIED PARTY AND ARISING FROM OR RELATED TO 1) USER’S BREACH OF ANY CERTIFICATION, COVENANT, OBLIGATION, REPRESENTATION OR WARRANTY MADE IN THESE TERMS OF USE; 2) USER’S USE OF SERVICES; OR 3) USER PAYMENT OF OR FAILURE TO PAY SALES TAX OR OTHER AMOUNTS DUE TO ANY THIRD PARTY. IN NO EVENT MAY USER ENTER INTO ANY SETTLEMENT OR LIKE AGREEMENT WITH A THIRD PARTY THAT AFFECTS COMPANY’S RIGHTS OR BINDS USER IN ANY WAY, WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY.
Disclaimer of Warranties
COMPANY IS PROVIDING SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Assumption of Risk
USER SHALL ASSUME ALL RISK IN CONNECTION WITH USE OF THE SERVICES.
Arbitration
Disputes between Company and User in which the parties are unable to resolve their differences amicably shall be submitted and resolved by binding arbitration. Each party shall select an arbitration representative, and these representatives shall select a third arbitrator. The dispute shall be resolved by majority vote which shall be binding upon the parties. In the event the parties cannot select arbitrators or cannot agree upon procedural and administrative issues, the arbitration shall be conducted pursuant to the rules and procedures of the American Arbitration Association.
Consent to Terms of Use
By using the Services, you consent to the collection and use of information about you in the ways described in these Terms.
These Terms are subject to change at any time at the discretion of Company without notice.
The amended Terms shall automatically be effective five (5) days after it is posted to Company’s website. Your continued use of the services after the effective date of any posted change constitutes your acceptance of the amended Terms as modified by the posted changes.
CANCELLATIONS, REFUNDS & RETURNS
All book sales are final unless explicitly stated or agreed upon prior to payment.
In person & online workshops/ courses:
If a participant chooses to cancel their confirmed registration, the following refunds will apply:
If notice is received 14 or more days from the scheduled start date, you will receive a full refund.
If notice is received 13 or less days from the scheduled start date, no refund will be offered but you may transfer your registration to another person for no charge.