TERMS & CONDITIONSBY USING
RELATIONSHIPSERENITYCOM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.
Contract
The terms “we,” “us,” and “our” refer to The Proficient PM, LLC/surroundedbyserenity.com. The term the “Site” refers to surroundedbyserenity.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
You are agreeing to enter into a legally binding contract
with The Proficient PM, LLC/surroundedbyserenity.com (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do
not
click “Sign up Today!” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account, stopping payments, and no longer accessing or using our Services. However, independent of the contract’s termination, the terms which govern your use of the Site and the Site Materials while your membership was active shall remain binding and in force.
SERVICE
Relationship Serenity is a membership site for self-care and personal development (the “Service”).
This Contract applies to surroundedbyserenity.com, any forms, The Signature Program, Relationship Serenity focused forum, any training materials/classes, and other Relationship Serenity-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services.
Use of surroundedbyserenity.com, including all materials presented herein and all online services provided by The Proficient PM, LLC/surroundedbyserenity.com, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Parties agree that the Service is in the nature of life coaching, self-care, networking and personal enhancement.
The scope of services provided by The Proficient PM, LLC/surroundedbyserenity.com according to this Agreement are limited to those listed on the website. The Proficient PM, LLC/surroundedbyserenity.com reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. To become a member of the Site a monthly fee (membership dues) is due at signing. Membership dues must be paid no later than the 10
th
calendar day of each month. Payments not received by the 10
th
calendar day of each month will result in access privileges being revoked.
Once revoked a reinstatement process shall begin.
To reinstate your membership, the member will be charged at the current monthly rate. The Site reserves the right to charge a potential re-enrollment fee of $100. Information provided on the Site and in the Service related to membership sites and other information are subject to change.
The Proficient PM, LLC/surroundedbyserenity.com makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. The Proficient PM, LLC/surroundedbyserenity.com disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to The Proficient PM, LLC/surroundedbyserenity.com will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that that if The Proficient PM, LLC/surroundedbyserenity.com, the site, or its affiliates experience delays or interruptions due to the acts or omissions of any third parties, that The Proficient PM, LLC/surroundedbyserenity.com shall bear no liability for the same. Likewise, you agree and understand that no breach of contract action may be initiated against The Proficient PM, LLC/surroundedbyserenity.com when there are reasonable delays in the access of the Service.
The Proficient PM, LLC/surroundedbyserenity.com reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but are not required to do so under the terms of this agreement.
CANCELLATIONS & REFUNDS
We offer a 30-day money back guarantee should you be unhappy with the Service in your first month of membership. To request a refund please contact Coach Carrie at
coachcarrie@surroundedbyserenity.com
.
You may also cancel your monthly subscription at any time via your account page but due to the nature of the Service no refunds will be made for any membership fees already paid, excluding the 30-day money back guarantee as stated above. The Proficient PM, LLC/surroundedbyserenity.com does not pro-rate refunds. If you elect to cancel your membership after dues have been paid for any given month, the Proficient PM, LLC/surroundedbyserenity.com shall retain that payment in full for services rendered. Once you cancel you will no longer have access to the Service, including all content and membership resources, once your current membership period is completed. The 30-day refund period only applies to your first subscription and cannot be used more than once.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Any violation of this provision shall result in your indemnification of the Site and/or The Proficient PM, LLC/surroundedbyserenity.com, as defined below in “INDEMNIFICATION.”
As a feature of the Service, The Proficient PM, LLC/surroundedbyserenity.com may provide access to a community or social media platforms in conjunction with the Service. The Proficient PM, LLC/surroundedbyserenity.com is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and The Proficient PM, LLC/surroundedbyserenity.com may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. The Proficient PM, LLC/surroundedbyserenity.com will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. We The Proficient PM, LLC/surroundedbyserenity.com are not required to provide notice, and reserves all rights to take immediate and appropriate action to protect The Proficient PM, LLC/surroundedbyserenity.com’s brand and image integrity.
If your account is suspended or terminated for a violation of these terms, The Proficient PM, LLC/surroundedbyserenity.com shall provide you with a reasonable opportunity to dispute said suspension or termination. The Proficient PM, LLC/surroundedbyserenity.com utilizes a dispute resolution process to handle disputes of this kind. Within ten (10) days of your suspension, should you wish to dispute the same, you shall submit in writing (via email to: (coachcarrie@surroundedbyserenity.com) a “NOTICE OF DISPUTE.” The notice of dispute shall contain a brief statement of your dispute. Within fourteen (14) days of receipt of the aforementioned “NOTICE,” The Proficient PM, LLC/surroundedbyserenity.com shall submit the dispute to its internal dispute resolution authority, which shall issue a decision no later than five (5) business days thereafter. The dispute resolution authority shall have the final and binding say with respect to your dispute. There is no process for an appeal of these decisions; once made by the dispute resolution authority, the decision is final. Failure to submit a “NOTICE” within ten days of your account suspension or termination shall be deemed a waiver of your rights to dispute the termination or suspension internally with the company, and you understand that by waiving your rights your service will be terminated indefinitely.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to The Proficient PM, LLC/surroundedbyserenity.com. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to The Proficient PM, LLC/surroundedbyserenity.com remains yours to the extent that you have any legal claims therein. You agree to hold The Proficient PM, LLC/surroundedbyserenity.com harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. You understand that the nature of the site is to share materials and create collaborative self-help-product. However, the materials on the site are not for individual re-sale or commercial use. More directly, while you are purchasing access to the materials, and your right to use them in a personal manner, you are specifically
not
granted a license by the Site or any of the Site’s client’s to utilize these materials individually for commercial gain. You shall not attempt to re-sell or re-market the materials on the Site as templates or models to additional individuals or entities. Similarly, you shall not distribute the materials to any individual whom you believe will utilize the materials for a commercial purpose of any kind, if they are non-members of the site. The materials on the Site are exclusively for the use of the Site’s customers.
You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by The Proficient PM, LLC/surroundedbyserenity.com for promotional, business development, and marketing purposes, without compensation to you.
By entering into this agreement you acknowledge that The Proficient PM, LLC/surroundedbyserenity.com may record via video or photographic means during any interaction with the site, and that if you wish not to be recorded, it remains your responsibility to take reasonable precautions to secure your webcamera or other devices so as to protect your identity. You likewise understand that The Proficient PM, LLC/surroundedbyserenity.com reserves the right, and is hereby granted your permission, to utilize your likeness as captured in any marketing or advertising materials they see fit, absent compensation to you for the same.
OUR INTELLECTUAL PROPERTY (forms comments by client)
The Site and Service contain intellectual property owned by The Proficient PM, LLC/surroundedbyserenity.com, including trademarks, copyrights, proprietary information, and other intellectual property. The Proficient PM, LLC/surroundedbyserenity.com copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including The Proficient PM, LLC/surroundedbyserenity.com copyrighted materials shall remain the sole property of The Proficient PM, LLC/surroundedbyserenity.com. No license to sell or distribute our materials is granted or implied, however, you may utilize the materials as you see fit in the ordinary course of self-care and personal use, excluding re-sale or re-marketing of the same.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent.
It is assumed that if a form or document is uploaded to the Site by The Proficient PM, LLC/surroundedbyserenity.com and/or its affiliates, agents, clients, or consumers, in editable format, that the document is available for your use and modification with consent, absent re-sale or re-marketing of the same. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy, subject to the internal dispute process as described above.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, THE PROFICIENT PM, LLC/RELATIONSHIPSERENITY.COM IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE PROFICIENT PM, LLC/RELATIONSHIPSERENITY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE PROFICIENT PM, LLC/RELATIONSHIPSERENITY.COM CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE PROFICIENT PM, LLC/RELATIONSHIPSERENITY.COM, AND IF NO PURCHASE HAS BEEN MADE BY YOU THE PROFICIENT PM, LLC/RELATIONSHIPSERENITY.COM CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with The Proficient PM, LLC/surroundedbyserenity.com. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and The Proficient PM, LLC/surroundedbyserenity.com pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by The Proficient PM, LLC/surroundedbyserenity.com shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by The Proficient PM, LLC/surroundedbyserenity.com.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
The Proficient PM, LLC/surroundedbyserenity.com
PO Box 2083
Grand Lake, CO 80447
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.