Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.carmenmarshall.com website (the “Service”) operated by Happy Vibrant Life, LLC (“us”, “we”, “our” or “CarmenMarshall.com”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service. These Terms apply to all visitors, users and others who access or use the Service.

 

Acceptable Use

You must not do, or permit any third parties to do, any of the following:

  1. Use the Service in any way that causes, or may cause, damage to the Service, or impairment of the performance, availability or accessibility of the Service;
  2. Use the Service in any way that is fraudulent, harmful, illegal or unlawful, or in connection with any fraudulent, harmful, illegal or unlawful activity;
  3. Use the Service to distribute, host, publish, send, store or transmit any material which contains or is linked to any virus, worm or other harmful component;
  4. Use data collected from the Service to contact individuals, companies or other persons or entities;
  5. Use the Service to distribute, post, publish or transmit any abusive, defamatory, obscene, pornographic, profane, threatening or unlawful information of any kind including, without limitation, any transmissions that constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law;
  6. Use the Service to distribute, post, publish or transmit any information or content that is protected by copyright or other proprietary right, without first obtaining the permission of the copyright owner or right holder;
  7. Supply to us any information that is untrue, inaccurate or misleading; or
  8. Allow third parties to use your account and password.

 

Account Terms

By using this website, you agree to use the Service in a private, responsible and secure manner. You must keep your password confidential and notify us in writing immediately if you become aware of any disclosure of your password. We will not be liable for any damages or losses that may arise from unauthorised access should you neglect to do so.

 

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

All provisions of the Terms which – by their nature – should survive termination, shall survive termination, including, without limitation, ownership provisions, indemnity and limitations of liability.

 

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, billing address, postal address, contact phone number and billing information. Our Privacy Policy sets out how we collect, use and disclose Personal Information. You can view it here.

 

Force Majeure

 In these Terms, a “force majeure event” refers to:

  1. Any event that is beyond our reasonable control;
  2. The unobtainability of any required raw materials or products;
  3. Power failure, industrial disputes affecting any third party, governmental regulations, disasters, civil disorders, acts or threats of terrorism, or wars; and/or
  4. Any other unforeseeable circumstances beyond our control against which it would have been unreasonable for us to take precautions, and which we cannot avoid even by using our best efforts.

Should a force majeure event cause any failure or delay in us performing our obligations under these Terms, we shall not be considered in breach of these Terms if we suspend those obligations for the duration of the force majeure event. If we become aware of a force majeure event that will cause, or is likely to cause, any failure or delay in us performing our obligations under these Terms, we will provide you with notice as soon as practicable. We will take all reasonable steps to alleviate the effects of any force majeure event.

 

Digital Product Refund Policy

For the purchase of a downloadable product, online course, or other piece of Carmen’s Intellectual Property, returns and refunds are not granted.

Online courses may issue a refund on a case by case basis only if said client has completed all coursework, submitted completed coursework, attended all live sessions as applicable, and presented a case that the course did not provide value.

 

Soul Craft™ Your Way To 100k Terms

 

INTELLECTUAL PROPERTY

You agree that the Soul Craft™ Your Way To 100k Product contains proprietary Content that is owned by the Company. Duplicating, sharing or uploading Product files to sharing sites is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.

The Soul Craft™ Your Way To 100k Product includes access for one (1) person. Upon registration, you will receive one username, password, and member profile for use during the live course.

If you would like to take Soul Craft™ Your Way To 100k along with a business partner or collaborator, you will need to each purchase the course individually. Additionally, if you are interested in having your assistant or your entire team take Soul Craft™ Your Way To 100k, a separate membership will need to be purchased for each participating member. One distributorship (if it includes a husband and wife or 2 people on the same distributorship is fine.

 

PRIVACY AND CONFIDENTIALITY

The Soul Craft™ Your Way To 100k Product is subject to the Company’s Privacy Policy.

 

SOUL CRAFT™ YOUR WAY TO 100k COMMUNITY RULES

No Solicitation within the Soul Craft™ Your Way To 100k Facebook Group:

You are not permitted to offer your services, sell your programs or products, or invite Soul Craft™ Your Way To 100k Participants to join other social networks, groups, or programs. This is a space for learning and is a pitch-free, solicitation-free and sales-free environment.

Your failure to comply with these terms will result in immediate termination of your participation in the Soul Craft™ Your Way To 100k Program without refund.

 

PAYMENT POLICY

You are responsible to pay for the Soul Craft™ Your Way to 100k Product in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method. Access can and will be revoked if a payment remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing. Your payment plan is a convenience that we offer.

 

REFUND POLICY

Please do not enroll in Soul Craft™ Your Way To 100k if you just want to “check it out.” You may participate in the Program for up to the first four (4) Modules. If you do all the assigned work and don’t get value, we’ll happily refund the money you’ve paid us under this Agreement.

Deadline to Apply for Refund. To be eligible for a refund, you must submit your request by October 22nd, 2018. The deadline exists because if you sign up for Soul Craft™ Your Way To 100k, we this to be a good fit and want to see you succeed.

Completed Course Work. We’ll ask for your completed course work (to make sure you gave it a go) and ask what didn’t work for you (so we can learn and improve).

Company Discretion. After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.

 

SOUL CRAFT™ YOUR WAY TO 100K DISCLAIMER

The Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in the Program, Content, or Site is a promise or guarantee to you of future earnings. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance.

 

Cookies

By accessing or using the Service, you consent to our use of cookies in accordance with the terms in our Privacy Policy.

 

Copyright

The Service and all of the contents contained on the Service, including but not limited to: audio clips, digital downloads, graphics, images, layouts, logos, text and software, are our exclusive property. You are not permitted to copy, distribute, modify, reproduce, republish, store, transmit or upload any such content for the purposes of sale or the use by any third party without our prior express written consent.

All such content and material is protected by domestic and international copyright, intellectual property and trademark laws. All copyright, intellectual property rights and trademark rights regarding the Service and its content are reserved.

 

Licenses

We grant you a non-exclusive and non-transferable limited license to access, view, download for caching, and print pages from the Service for your own personal use. You must not adapt, copy, duplicate, modify, reproduce, republish (including republication on another web site), rent, sell or resell, show in public or transmit any material on the Service without our prior express written consent. This authorisation will not constitute a transfer of title in and to the materials, and is subject to the following restrictions:

You must not:

  1. Copy, duplicate, reproduce, republish (including republication on another web site) or otherwise exploit any material on the Service for a commercial purpose;
  2. Edit or otherwise modify any material on the Service;
  3. Redistribute any materials from the Service except for content specifically and expressly made for redistribution; or
  4. Transfer the materials on the Service to any other person unless you provide them with notice of, and they agree to accept, these Terms.

 

Content

We respect the copyright and intellectual property of others, and expect you and all other users to do the same. If you provide us with any content (“User Content”) for the purpose of making the content available on our Service, you represent and warrant that:

  1. You are wholly responsible for all of your User Content;
  2. You grant us a non-exclusive, royalty-free, transferable, perpetual, irrevocable and worldwide license to copy, distribute, publicly display, modify, use and create derivative works based upon your User Content in relation to operating the Service and providing content and the Service to you and other users of the Service, and unconditionally waive any moral rights that you might have in respect of your User Content;
  3. You own all of your User Content or have all the rights that are necessary to grant us the license rights of your User Content under these Terms; and
  4. Neither your User Content, nor your provision of your User Content, nor any of our use of your User Content on or through the Service will infringe, misappropriate or violate a third party’s copyrights, intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You may remove your User Content at any time by explicitly deleting it. However, please note that in certain cases, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Service. We disclaim any responsibility or liability for the removal or deletion of any of your User Content. We do not claim ownership rights of any User Content that you make available through the Service, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.

If you believe your copyright-protected work has been posted on our Service without your authorisation, you may submit a copyright infringement notification. These requests should only be submitted by you (the copyright owner) or an agent authorised to act on your behalf. The fastest and easiest way to notify us of any alleged copyright infringement is by emailing info@carmenmarshall.com with the subject heading “Copyright”. If you choose to request the removal of any content by submitting a copyright infringement notification, please remember that you are initiating a legal process. You may not make false claims.

In these Terms, “moral rights” means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship granted under the Copyright Act 1968 (Cth) and any similar rights under any foreign laws.

 

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by carmenmarshall.com

carmenmarshall.com has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party web sites or services. You further acknowledge and agree that carmenmarshall.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

Data retention

We use Google Analytics to track activity such as page views and social shares made at our website. Google automatically collect and store certain information in their server logs which includes device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL, cookies that may uniquely identify your browser or your Google Account, in accordance with their data privacy policy: https://policies.google.com/privacy

We embed a Facebook widget to allow you to see number of likes/shares/recommends and “like/share/recommend” our webpages. This widget may collect your IP address, your web browser User Agent, store and retrieve cookies on your browser, embed additional tracking, and monitor your interaction with the widget, including correlating your Facebook account with whatever action you take within the widget (such as “liking/sharing/recommending” our webpage), if you are logged in to Facebook. For more information about how this data may be used, please see Facebook’s data privacy policy: https://www.facebook.com/about/privacy/update

We use a Twitter Tweet widget at our website. As a result, our website makes requests to Twitter’s servers for you to be able to tweet our webpages using your Twitter account. These requests make your IP address visible to Twitter, who may use it in accordance with their data privacy policy: https://twitter.com/en/privacy#update

We use a GooglePlus widget at our website. As a result, our website makes requests to Google’s servers for you to be able to share our webpages using your GooglePlus account. These requests make your IP address visible to Google, who may use it in accordance with their data privacy policy: https://policies.google.com/privacy

 

Disclaimer of Warranties

To the maximum extent permitted by law, and save to the extent expressly provided otherwise in these Terms, we:

  1. Exclude all rights, remedies, guarantees, conditions and warranties in respect of any information, goods or services relating to our Service and the use of our Service; and
  2. Limit our liability for breach of any applicable non-excludable statutory guarantee to the following remedies:
    1. The supply of the services again; or
    2. The payment of the cost of having the services supplied again.

We do not warrant or represent:

  1. That any documents, information or material published on our Service is accurate, complete, correct, reliable, suitable or up to date;
  2. That our Service or any component of our Service will remain available;
  3. That our documents, goods or services will be free of errors;
  4. That defects will be corrected; or
  5. That our Service or server is free of viruses or any other harmful components.

We reserve the right to discontinue or alter any or all of our Service and to stop publishing our Service at any time in our sole discretion without notice or explanation.

 

Limitations of Liability

Nothing in these Terms will limit or exclude any liability for death or personal injury resulting from our negligence; for fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded under applicable law. Subject to this, our liability to you in relation to our Service or under these Terms, whether it is in contract, tort (including negligence) or breach of statutory duty, will be limited as follows:

  1. To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature;
  2. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control;
  3. We will not be liable to you in respect of any business losses, including (without limitation) loss of profits, anticipated savings, business, contracts, data, goodwill, opportunities, production, revenue or use; and
  4. We will not be liable to you in respect of any consequential, indirect or special loss or damage.

 

Indemnity

You indemnify us and our contractors, officers, employees and agents for and against any and all claims, costs, damages, expenses, liabilities, losses  and payments (including, but not limited to, legal expenses on a full indemnity basis and amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these Terms.

 

Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Law and Jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of Clark County, Nevada, USA. Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the Courts of Clark County, Nevada, USA.

 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 10 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

Entire Agreement

These Terms, together with Privacy Policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

Contact Us

If you have any questions about these Terms, please contact us at info@carmenmarshall.com.

 

Last Updated: September 10, 2018