Website, Other Content and Products
Semi-Crunchy Mama™ provides individual coaching, group programs, membership communities, online courses, educational materials, and live classes and events. When you use our website, interact with us on our social media properties, or purchase our products, intellectual property laws protect products offered in our online store (“Products”) and the content on this website or shared on our social media properties (“Content”). We either own or have permission to use all the intellectual property rights to all protectable elements in the Products and Content, including without limitation, the logo, images, trademarks, service marks, design elements, layout, graphic, information, materials, documents, data, and text. We reserve all rights not specifically granted in these Terms.
Not Intended For Children
Content and Products are intended for individuals at least 18 years of age and legally able to enter into a contract, and when you buy or use our Content or Product, you represent and warrant that you meet both requirements. We disclaim all liability for use or purchase of any Content or Products by individuals under 18 years of age. Children under 13 years of age may not use our Content or Products, and children between 13 and 18 years of age should obtain a parent’s or guardian’s permission before viewing, purchasing or using our Content and Products.
Content And Products For Personal Use Only
While we love it when you share about us, please keep in mind that our Content is protected by copyright laws and any Products purchased are for personal use only. You may (i) view and use our Content, (ii) email and share short snippets of our Content on your social media platforms of choice, with proper attribution and a link back to our site, where possible, and (iii) purchase and use our Products for personal, noncommercial use only. Selling, sharing, redistributing, licensing, or sub-licensing our Content or Products to an individual, business, or third party (other than the recipient you send your purchased Product to) is prohibited. In the event you breach these Terms, you will pay us $5,000 USD, which you agree has been incorporated into these Terms as a valid pre-estimate of damages that we will sustain, which will not be capable of precise determination. You agree this is not a penalty, but rather is the agreed-upon liquidated damages suffered as a result of your using or selling our Content or Products outside of these permitted and expressly limited usage Terms.
While we use reasonable efforts to include accurate and up-to-date information in our Content and Products, we cannot make any representations or warranties as to the accuracy of information in either. We assume no liability or responsibility for any errors or representations in the content available in the Content and Products.
You Are Responsible For Content You Submit or Post
Please be mindful when you choose to submit, post, or otherwise share any content on our website or social media properties, as that content is public and you are responsible for your content and any liability that may result from your posted content. When you submit, post, or otherwise share content on this website or our social media properties, you do so at your own risk.
We require that any content you submit, post, or otherwise share on this website or our social media properties be respectful and posted only once. We prohibit the sharing of content that is illegal, abusive, offensive, threatening, harassing, vulgar, harmful, defamatory, obscene, or otherwise in violation of others’ rights or applicable laws, and we may delete any content, in full or in part, for violation of our content guidelines or for any other reason. However, we do not have an obligation to monitor content submitted by you or other third parties, so we cannot be responsible or liable for damages or losses arising from third party content. We do not make any representations regarding the accuracy of any third party content.
Permission to Use Content You Submit Or Post
In the event you choose to submit or post any content on our website or social media properties or tag us in posts you share on your social media profiles (e.g., comments, photos, videos, other feedback or written content), you represent and warrant that you own or have permission to share that content. We will not claim ownership rights in that content; however, you grant us a nonexclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, copy, publish, distribute, and publicly perform that content, in whole or in part, and your name and likeness in connection with that content, in any medium or manner currently known or later developed, for any purpose, including promotion of our Products and Content and other commercial purposes.
THE CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE CONTENT AND PRODUCTS AND WE DO NOT WARRANT THAT THE CONTENT OR PRODUCTS OR ANY OF THEIR FUNCTIONS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS INCLUDED IN THE PRODUCTS, DELAYS OR FAILURES IN DELIVERY OF THE CONTENT OR PRODUCTS, OR ANY OTHER RESULTING DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM VIRUS ATTACKS, INTERNET CONGESTION, AND DENIAL OF SERVICE ATTACKS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
OUR MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS WE HAVE PROVIDED TO YOU SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT YOU HAVE PAID TO US FOR THE PRODUCTS DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. IF YOUR USE OF THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL DIRECT AND RELATED COSTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO DEPENDING ON YOUR STATE OF RESIDENCE, ALL OR A PORTION OF THIS PROVISION MAY NOT APPLY.
You agree to defend, indemnify, and hold harmless our company and its owners, managers, members, past and present employees, contractors, volunteers, representatives, agents, affiliates, successors, and assigns (collectively, “Releasees”) from and against all actions, suits, claims, losses, liability, costs, and expenses, including attorney fees (collectively, “Claims”) arising out of or in connection with: (i) your viewing, purchase, use, or participation in the Content and Products; (ii) any content you submit to our website or social media properties or tag us in on your social media profiles, or (iii) your violation of these Terms. This provision shall apply regardless of Releasees’ negligence, if any.
Content and Product Availability; Delivery; Force Majeure
We do our best to ensure uninterrupted, error-free availability and delivery of the Content and Products. However, we cannot guarantee your access will never been suspended or restricted due to circumstances outside our control and because we occasionally need to make repairs, maintenance, or updates to our Content, Products and website.
We shall not be liable to you for any delay or failure by us to perform our obligations under these Terms if that delay or failure arises from any cause beyond our reasonable control, including, without limitation, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any obligation under these Terms.
The Content and Products may contain links to other sites on the internet that are owned and operated by third-parties (“External Sites”). We have no control over those External Sites and is not responsible for the availability of or materials provided on or through those External SItes. We recommend you research independently all recommended resources, and you agree to assume all responsibility for your decision to enter into any transaction or other relationship with those third parties.
Protecting Personal Information
Protecting others’ personal information is equally important to us. You shall not transmit to us or upload to our website any Harmful Code or use or misappropriate the data on our website or in our Content or Products for your own commercial gain. “Harmful Code” includes, without limitation, any software (e.g., viruses, trojan horses, worms, time bombs, time locks, drop dead devices, traps, access codes, cancelbots, or trap door devices that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on exceeding a number of copies, exceeding a number of users, passage of a period of time, advancement to a particular date or other numeral, use of a certain feature, or any other event; or (b) would enable an unauthorized person to cause that result; or (c) would enable an unauthorized person to access another person’s information without that other person’s permission. We may refuse access to our website, Content and Products without notice if you fail to comply with these Terms.
Content and Products Intended for Use Within United States
We control and provide the Content and Products from the State of California within the United States, and we do not represent or warrant that the Content or Products will be available in locations outside the United States. If you choose to access or use the Content or Products from outside the State of California within the United States, you agree to assume full liability for compliance with any applicable local laws.
Governing Law; Location for Disputes
These Terms and any disputes arising out of or in connection with these Terms or the Content or Products shall be governed by and construed in accordance with the laws of the State of California without regard for its conflict of law provisions. Any matter involving interpretation or enforcement of these Terms shall be brought in the state or federal courts in San Diego County, California. By purchasing, using, viewing or participating in the Products, Content and our website, you hereby accept the exclusive jurisdiction of those courts. We shall be entitled to recover its attorneys’ fees and costs in enforcing its rights under these Terms in the event of a violation of our intellectual property rights or other breach of these Terms, whether we choose to enforce our rights through negotiation, mediation, arbitration, or litigation.
Any notices to you regarding these Terms and the Products will be provided by email using the contact information provided by you when you last purchased the Products. Notice will be deemed given one (1) business day after email transmission from us, or two (2) business days after the date of posting on our website or elsewhere, as may be appropriate under the circumstances or otherwise required by law.
If you have any questions about our Products, Content, or any of our terms or policies, including these Terms, please email firstname.lastname@example.org and include the name of the terms, policy, product, or services in the subject line.
Failure by either party to enforce any provision in these Terms is not a waiver of future enforcement of that or any other provision. The waiver of any breach of these Terms is not effective unless in a written agreement signed by the waiving party and is not a waiver of any other or subsequent breach.
We will update these Terms occasionally to reflect changes in the law, our Content and Products, our practices, and advances in technology. When we post those changes, we will revise the “Last Updated” date at the top of these Terms. If we make any material changes to these Terms, we will take reasonable steps to notify you or obtain your consent, which could include notifications through our website, via email, or as otherwise may be required by law. Please review any changes carefully. Any access or use, including your continued use, of the Content, Products or our website by you after we have posted the updated version of these Terms will mean you consent to and accept those changes. If you do not consent to any changes, you may cease using and viewing our Content and Products and contact us to request deletion of your personal information.
Severability; Entire Agreement
COPYRIGHT + TRADEMARK DISCLAIMER
© 2013-2020 Semi-Crunchy Mama™. Semi-Crunchy Mama™ is a trademark of Stacy Spensley. All rights reserved.
Testimonials Representative of Actual Experiences, Not a Guarantee of Your Experience
The testimonials, statements, and opinions presented in our Content and about our Products were provided voluntarily by actual customers, and we did not provide free products, services, or any other benefits in exchange for those testimonials. While those testimonials are representative of actual customer experiences, the exact results and experience will be unique for each individual. Therefore, we cannot and do not make any representations or guarantees about any particular results you may experience from the Content or Products.
Results Not Guaranteed
We do not make any guarantees that you will achieve any particular result, including without limitation potential profits, losses, future income, sales, or expenses, through the use of our Content or Products, as results will be unique for each individual. You understand that results are based mostly on an individual’s efforts and circumstances, so we disclaim all liability for the failure or success of any business decisions you make that may impact your financial status or earnings.
AFFILIATE LINKS, ADS AND OTHER ENDORSEMENTS DISCLOSURE
Disclosure of Paid Content
We write and edit the content on this website, and we believe in providing honest, reliable information. Occasionally, we may accept forms of compensation that may include advertising, sponsorships, affiliate links, and free products. In those cases, the compensation received may influence content on this website, so we will identify that content as sponsored or paid content. However, all opinions expressed on this website are our own, and even when we are paid for some content or advertisements, we give our honest opinions or experiences about those products, services or topics. As with any other information provided on our site, before you rely or act on any information provided on our site, you should verify that information independently, which may involve reaching out to a provider directly regarding its product or service.
ERRORS/OMISSIONS + TECH DISCLAIMERS
Errors, Omissions, and Technology Disclaimers
WHILE WE USE REASONABLE EFFORTS TO ENSURE THE INFORMATION IN OUR CONTENT AND PRODUCTS IS VERIFIED BY RELIABLE SOURCES, THE CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE CONTENT AND PRODUCTS AND WE DO NOT WARRANT THAT THE CONTENT OR PRODUCTS OR ANY OF THEIR FUNCTIONS WILL BE COMPLETE, ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS INCLUDED IN THE PRODUCTS, DELAYS OR FAILURES IN DELIVERY OF THE CONTENT OR PRODUCTS, OR ANY OTHER RESULTING DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM VIRUS ATTACKS, INTERNET CONGESTION, AND DENIAL OF SERVICE ATTACKS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
PROFESSIONAL SERVICES DISCLAIMER (GENERAL)
You Are Responsible For Your Decisions and Your Own Well-Being
Although we hope our Content and Products have a positive impact on you, please remember that we provide and sell Content and Products for general informational and educational purposes only. Our Content and Products are not provided as, and are not a substitute for, financial, legal, medical, psychological, or other professional services or advice. You agree we are not responsible, and we specifically disclaim any liability, for your reliance on any advice or opinions in the Content and Products. We strongly recommend you consult your own accountant, financial advisor, attorney, therapist, or medical professional, as you are ultimately responsible for your own mental, emotional, and physical well-being, and for determining what is best for your unique situation.
You Are Responsible For Your Decisions and Your Own Well-Being
Although we hope our Content and Products have a positive impact on you, please remember that we provide and sell Content and Products for general informational and educational purposes only. Our Content and Products are not provided, and should not be relied upon, as medical or mental health advice, and we are not providing medical services or attempting to diagnose, prevent, treat, or cure any medical conditions. Our Content and Products are not a substitute for professional medical advice, diagnosis, or treatment provided by your own physician, therapist, licensed dietitian or nutritionist, or any other licensed health care professional. You should not disregard or delay seeking professional medical advice or stop taking any medications because of our Content or Products. You agree we are not responsible, and we specifically disclaim any liability, for your reliance on any advice or opinions in the Content and Products. We strongly recommend that you contact your own health care provider if you have or suspect you have a medical or mental health issue, as you are ultimately responsible for your own mental, emotional, and physical well-being, and for determining what is best for your unique situation.
Tell Us How We’re Doing
Please send any questions or feedback about our Content, Products, or anything in these Terms via email or mail to:
Semi Crunchy Mama
4510 Quince Street
San Diego, CA 92105