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Last Updated: September 4, 2019
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND REMEDIES, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS SPECIFIC PROVISIONS CONCERNING HOW ANY DISPUTES INVOLVING THE LIVEAUTHENTICALLY.TODAY WEBSITE AND/OR SERVICES AVAILABLE THROUGH THE WEBSITE WILL BE RESOLVED.
Welcome to liveauthentically.today, operated by Live Authentically, LLC (“Live Authentically, LLC”, “We” or “Us”).
This Agreement is subject to change by Live Authentically, LLC at any time. Any changes will be posted to this URL, and will be effective as of the date of posting, as indicated by the “Last Updated” date at the top of the page.
Electronic Agreement. This Agreement is a legally binding, valid and enforceable electronic contract that contains the terms of governing your use of our Website and the Products and Services available in the free and paid membership areas. By accessing and/or using the Website and the Products and Services, including creating a free user account and/or becoming a paid member, you accept this Agreement and consent to the terms, conditions and notices contained or referenced herein.
Accounts and Memberships
Creating an Account. If you register a free account or become a paying member, you may be required to provide certain personal information, including the following:
Creating a free user account allows you to access our free digital content consisting of various guides and other coaching resources.
Creating a paid membership account allows you to gain immediate access to the paid membership area, which contains all of our members-only premium course content and access to group or one on one coaching sessions, based upon the package selected. You may also receive physical goods as part of your membership, depending on your membership level.
If you create an account or become a member, an account page and member profile page will be created for you, and you will be able to leave comments on certain content that will be visible to other members, but not the general public. The following information on your member profile will be visible to other members: name, username, and profile photo. Other information on your profile is visible only to you, including your full stored contact information, your birthday, gender, phone, email, full name, billing and or shipping address, and the last four digits of your credit card used to pay for your membership.
Membership Terms. There are various products and services on the Website that are available exclusively to our paying members. The exact products and services any individual user has access to depends on the level of membership they purchased. You become a paid member by submitting payment of the membership fee applicable to your chosen level of membership to Live Authentically, LLC. For more information on pricing and what’s included in the various membership levels, go to https://liveauthentically.today/services/ and https://liveauthentically.today/membership/ .
Our products, services and prices are subject to change without notice to the general public. To our paying members, price changes are always announced 30 days in advance via e-mail sent to the e-mail address on file in your membership account. This allows you time to cancel your membership should you not wish to continue at the new price.
Passwords and Account Security. By creating a free user account or becoming a paid member, you acknowledge that maintaining the confidentiality of your username and password are your responsibility. You further acknowledge and agree not to disclose or allow the use of your username or password, or otherwise lend or transfer access to your user account or membership account to any third party. The Products and Services, including the memberships sold through the Website, are for your personal use only, and are not to be shared or re-sold. You are fully responsible for all transactions with, and information conveyed to Live Authentically, LLC under your username, membership, or account.
In the event of any unauthorized use of your username or password, or any other breach of security related to your membership or user account, you hereby agree to immediately notify Live Authentically, LLC. You further agree that Live Authentically, LLC is not liable for any claims, losses, liabilities or damages relating in any way to such breach of security, and that you will indemnify and hold Live Authentically, LLC harmless, in connection with any loss or damage arising from your failure to comply with any of the obligations under this paragraph.
Payment of Fees. Membership fees are to be paid monthly or annually, depending on the payment frequency you selected at checkout. Membership fees are charged via credit card on the day of sign-up or after the last day of any applicable free trial period specified on the offer or checkout page.
By clicking the payment button and providing us with your payment information on the checkout page, you authorize Live Authentically, LLC to process payment in the amount indicated for the services selected.
If you selected the monthly payment option, you specifically authorize Live Authentically, LLC to automatically charge the current membership price to your selected payment method on the same day as the date of your initial payment in each subsequent month, for the term of your membership or until cancelled in accordance with the provisions of this Agreement.
Membership Term. Memberships begins on the date the membership fee is paid or the day after an applicable free trial period ends, and shall continue for one year, or on a month-to-month basis, depending on the option selected at check-out, until either a) we cancel your account due to your breach of these Terms and Conditions; b) you cancel your account by using the cancellation request form on the Website, inside the membership area, or by sending an e-mail to [email protected]; or c) your credit card or bank charge is denied or reversed and you do not provide us with an updated payment method. We will suspend access to any member account that has not provided an updated payment method within seven (7) days of the denial or reversal of a payment, and we reserve the right to permanently delete an account if an updated payment method is not provided within fourteen (14) days of a denial or reversal of a payment.
Copyright. Any and all content on the Website, as well as content transmitted with and/or as part of our Products or Services, including any designs, graphics, logos, icons, text, images, audio and video clips, the selection, compilation and arrangement thereof, as well as any and all software and custom code on the Website is Copyright © Pam Savino and/or Live Authentically, LLC, ALL RIGHTS RESERVED. The compilation, collection, assembly and arrangement of all content on the Website is the exclusive property of Pam Savino and/or Live Authentically, LLC, and is protected under U.S. and international copyright laws, and unauthorized use, distribution, reproduction, modification, transmission, display, performance, republishing, and any other means of dissemination without our express written consent, is prohibited by law.
Trademarks. Live Authentically, LLC, and the Website, as well as any and all custom graphics, icons, page headers, logos, slogans, product names, sounds, unique color combinations, and any other brand identifiers are trademarks, trade dresses and service marks of Live Authentically, LLC. As such, any use of these marks in any manner likely to confuse consumers without the express, written consent of Live Authentically, LLC, is strictly prohibited. Any trademarks belonging to third parties require the consent of their respective owners prior to use or display.
Nothing in this document, or on the Website, gives any person the right to copy, reproduce, publish, upload, share, use, register as a domain name, or otherwise display any logo, slogan, tagline, trademark, trade name, service mark, trade dress, copyrighted material, patent, trade secret, or confidential information owned by Live Authentically, LLC, or any of its partners, sponsors, parents, subsidiaries, and affiliates.
Product Purchase and Delivery
Product and Shipping Information. The products displayed on the Website are available for delivery worldwide. For physical products, international shipment rates and information are available at the USPS website. Digital products are deemed delivered when you receive the login credentials by which the membership area containing the products may be accessed.
Prices on the Website are quoted in U.S. Dollars and are valid only in the U.S.
Any reference on the Website to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Live Authentically, LLC. Information on this website relating to third party products is for informational purposes only.
Resale. The Products and Services, including access to membership areas available through the Website, are for your personal use only, and are not to be re-sold, distributed, or otherwise made accessible to third parties other than the member who purchased the membership. Disclosing or allowing the use of your username or password, or otherwise lending or transferring access to your user account, membership account, or any Service or digital Product purchased through the Website to any third party is strictly prohibited. Live Authentically, LLC reserves the right to limit the number of physical products available for purchase, and further, to cancel or reduce any order it reasonably believes may result in a violation of these Terms and Conditions.
Payments, Returns and Refunds
Payment Terms. Payments for Products and Services, including access to membership areas available through the Website, are to be made via credit card, using Stripe.com
Any coaching and consulting services that are not included in the paid membership program(s) available for immediate purchase and access through the Website (“Additional Services”) require the execution of a Coaching Agreement between you and Live Authentically, LLC, and shall be subject to the specific terms and conditions stated therein, including the time and manner of payment. Live Authentically, LLC is under no obligation whatsoever to render or caused to be rendered any Additional Services of any kind in the absence of a Coaching Agreement properly executed by all parties involved.
Cancellations. All requests for refunds must be sent to [email protected] within 7 days of purchase, and may only be eligible for a partial refund, subject to an administrative fee at Live Authentically, LLC’s exclusive discretion. For coaching packages purchased via the Website, only unused time may be credited or refunded, less any administrative costs, at Live Authentically, LLC’s exclusive discretion.
Returns and Refunds – Physical Products. Refunds for purchases of physical Products from the Website are subject to a reasonable re-stocking fee and available only if the following requirements are met:
Refunds for Digital Products. Requests for refunds of purchases of digital products from the Website are available only if the request is submitted to [email protected] within seven (7) days of purchase. No refunds are available for requests submitted after seven (7) days of purchase.
Content Posted by Users
Your Public Content. By using the Website, you understand that any public content you post on the Website and/or any other site, social media account, page, group, community or other forum or page operated by Live Authentically, LLC in connection with the Website and/or the Products and Services provided thereon, is solely your responsibility, and further, that such content can be seen by anyone, including other Members, Users and the general public.
Limitation of Liability Regarding Public Content. We are not responsible for any consequences of content posted by anyone on the Website and/or any other site, social media account, page, group, community or other forum or page operated by Live Authentically, LLC in connection with the Website and/or the Products or Services provided thereon. Live Authentically, LLC only provides certain site(s), forum(s) and group(s) for public discussion, but we are not liable for any statements, representations, or other content provided by any user or member of the public in any forum or platform. We do not control what you or anyone else posts either on the Website or on third party sites or platforms. As such, we make no guarantees whatsoever as to the quality, accuracy, correctness or integrity of any content posted by users of the Website or any third party site.
You further understand and acknowledge that, by using the Website and/or by interacting with us and other users on third party platforms, you may be exposed to offensive, indecent or objectionable content, for which Live Authentically, LLC is not responsible. Any risk of damage or injury from such content resides entirely with you. Under no circumstances will Live Authentically, LLC be liable in any way for any content or information posted on a public forum by anyone, including, but not limited to a) any errors or omissions in said content; or b) any loss, damage or injury of any kind (including but not limited to personal injury or property damage), incurred as a result of the use of, or reliance upon, any content posted, emailed or otherwise transmitted via or to the Website or any affiliated sites or third party platform accounts, by any user or member of the public.
Warranties Made by You. By posting content on the Website, forums, groups, communities or any third party account or social media account associated therewith, you acknowledge, represent and warrant that:
You also represent and warrant that any content you submit to the Website and any communities, forums, groups, and membership areas associated with the Website and Services provided thereon:
In the event that any content posted by you violates any of the above, Live Authentically, LLC reserves the right to terminate your Account immediately and without notice, as well as this Agreement, and to seek any and all additional damages and remedies available under applicable laws.
No Obligation of Confidentiality. You understand and acknowledge that there is and will not be any obligation of confidentiality on the part of Live Authentically, LLC and/or any of its agents, subsidiaries, affiliates, partners, third-party service providers and their respective directors, officers and employees, with respect to any content posted by you to the Website and/or any site or social media account, page, group or other forum, community or page associated therewith and/or operated by Live Authentically, LLC.
Personal Information of Other Users. You may not use the Website, including any registered user or membership areas, and any affiliated forums, groups, pages, communities, social media pages and accounts, and other similar forums to collect or store personal information about other users.
Compliance With Laws. You acknowledge and agree that any use of our services by you must comply with all applicable laws, regulations, rules and orders of any court having jurisdiction over you, us, and/or the recipient of any communication by you for which you have used the Website or our Services. Understanding all laws applicable to your conduct and communications is your responsibility. Some examples of laws with which you may be required to comply include the CAN-SPAM Act, COPPA, CalOPPA, the GDPR, the EU Privacy and Electronic Communications Directive, the U.K. Privacy and Electronic Communications Directive, the Telephone Consumer Protection Act (TCPA), the Canada Anti-Spam Law (CASL) and/or any other laws relating to privacy, security, intellectual property, consumer protection, terrorism, corruption, child protection, or import/export laws.
Our Use of Your Content
Ideas and Suggestions. If you mail, e-mail or otherwise transmit any content to us, or post any content to the Website and/or any site or social media account, page, group, community or other forum or page associated therewith and/or otherwise owned or operated by Live Authentically, LLC, and said content posted by you includes any ideas, suggestions, documents or proposals to Live Authentically, LLC, you acknowledge that a) nothing contained in said content is confidential, b) Live Authentically, LLC has no obligation of confidentiality with respect thereto, and c) Live Authentically, LLC is not liable to pay you any compensation, reimbursement, or other payment unless expressly agreed to by Live Authentically, LLC in a written agreement.
Photographs. You hereby grant Live Authentically, LLC permission to use any and all photographs taken by Live Authentically, LLC or its agents or employees at any private event hosted by Live Authentically, LLC either live or online, or submitted by you to us via mail, e-mail, website submission or on an open forum such as a social media platform, group, or other community. Live Authentically, LLC’s use of said photographs may include use in any media (print, television, Internet, radio/podcast or any other form of publication), for any purpose, including marketing, advertising, promotion, or packaging of any product or service sold and/or marketed by Live Authentically, LLC. You further acknowledge and agree that said photographs may be licensed by Live Authentically, LLC to any third party, and may be combined with other graphics, text, sounds and videos, or otherwise modified, altered and/or manipulated to fit the use intended by Live Authentically, LLC or its licensees, without paying any royalty, fee, or other monetary compensation to you.
You hereby agree to release, hold harmless and forever discharge Live Authentically, LLC from any and all claims, losses, damages or liabilities that you may suffer as a result of the use of any photographs taken by Live Authentically, LLC or its agents or employees, or submitted by you to us via mail, e-mail, website submission or on an open forum such as a social media platform. You further acknowledge and agree that this release is irrevocable, and is binding upon your heirs and assigns.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WAIVER OF JURY TRIAL: By electing to resolve all claims and disputes via binding arbitration, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO APPEAR IN COURT AND HOLD A TRIAL IN FRONT OF A JUDGE OR A JURY. Should any litigation arise between you and Live Authentically, LLC in any court, state or federal, to vacate or enforce an arbitration award or otherwise, YOU AND LIVE AUTHENTICALLY, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect the dispute to be resolved by a judge.
ARBITRATION PROCEEDINGS: Arbitration is a much quicker, cheaper, and more informal process than a lawsuit. In arbitration proceedings, the case is decided by an arbitrator, instead of a judge or a jury. The arbitrator can award the same damages and relief that a court can, and his decision is final and binding. In the United States, arbitration procedures are governed by the Federal Arbitration Act. It is recommended that you familiarize yourself with that legislation, or consult with an attorney, in order to get an idea of how arbitration procedures work.
OPT-OUT OF ARBITRATION: You have the right to opt out of this arbitration agreement by emailing us at [email protected] and providing the following information:
YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
Third Party Content. Live Authentically, LLC may provide content from third parties, and links to sites operated by third parties over whom Live Authentically, LLC has no control. We do not monitor, approve, or update the content posted on these sites, and our inclusion of links thereto in no way implies or constitutes any association between Live Authentically, LLC and said third party, nor does it constitute any form of guarantee, endorsement, or representation with respect to the completeness or accuracy of the referenced third party content or site. You acknowledge that you use and rely on third party content solely at your own risk. Any third party posted by us is not a reflection of the views of Live Authentically, LLC.
Non-Interference. By using the Website, you agree not interfere with, disable, disrupt or circumvent any security or security-related features that prevent or restrict the use of, or access to, any part of the Website, any of its features, the content posted thereon, or any of our Products or Services. You may not interfere with or disrupt the Website, servers or networks connected thereto, nor may you disobey any rules, requirements, policies, procedures or regulations of networks connected to the Website. Further, you may not use any device, software, or technology to disrupt or negatively interfere with any other user’s experience or ability to use the Website or its functions and features, including the ability to purchase and use Products, Services, and Account or Membership benefits.
Reservation of Rights. Live Authentically, LLC reserves the right to terminate, in its sole discretion and without notice, any membership or user account, and/or block any user’s or member’s ability to use or access the Website, or any of its pages, in any manner.
In order to protect our customers, ourselves, and the general public from fraud and other unauthorized or illegal activity, we further reserve the right to screen all orders made through the Website for fraud and unauthorized or illegal activity, and to refuse to process any order found fraudulent, illegal or unauthorized, or suspected of fraud or unauthorized or illegal activity. We may also cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. If verification is required before processing your order, we may call you at the contact information you provided to confirm your order, address, shipping and/or billing information, and/or identity.
Warranty Disclaimer. LIVE AUTHENTICALLY, LLC IS PROVIDING THIS WEBSITE, ITS CONTENTS, THE PRODUCTS AND SERVICES AVAILABLE THEREON, AND THE MEMBERSHIP AREA AND FORUMS ON AN “AS-IS” BASIS. LIVE AUTHENTICALLY, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION, CONTENTS, OR OPERATION OF THE WEBSITE OR ANY OF ITS FEATURES OR FUNCTIONALITIES, INCLUDING THE MEMBERSHIP AREA.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIVE AUTHENTICALLY, LLC SPECIFICALLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES RELATING TO THE ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITE OR THROUGH ANY PRODUCT OR SERVICE PROVIDED BY LIVE AUTHENTICALLY, LLC.
LIVE AUTHENTICALLY, LLC MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE WEBSITE, OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO SAME WILL BE SECURE, UNINTERRUPTED, AND WITHOUT ERROR; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT THE WEBSITE OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
Live Authentically, LLC does not promise, guarantee or warrant your personal or business success, health, income, or sales.
It is possible for the Website and our Products and Services to contain mistakes, inaccuracies, and materials that conflict with these Terms. Should a conflict arise between anything posted on any Live Authentically, LLC website or service and these Terms, these Terms shall control.
Liability Limitation. LIVE AUTHENTICALLY, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATING TO, THE USE OF THE WEBSITE, THE COMMUNITY AND MEMBERSHIP AREAS, ANY SOCIAL MEDIA OR OTHER PUBLIC FORUMS AND THIRD PARTY ACCOUNTS OWNED AND/OR OPERATED BY LIVE AUTHENTICALLY, LLC, OR ANY OF THE PRODUCTS OR SERVICES OFFERED FOR PURCHASE OR SALE THROUGH THE ABOVE CHANNELS. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF DATA, AND CLAIMS OF THIRD PARTIES.
DMCA Notices. If you believe that any of your work or content has been copied, displayed, used, reproduced, or posted on the Website or any community or membership area or affiliated forum, page or third party platform, without your consent, and in a way that constitutes copyright infringement, please provide us with the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
All DMCA notices must have “DMCA Notice” as the subject line and shall be directed to: [email protected]
Choice of Law and Forum Selection. This Agreement shall be governed and construed in accordance with the laws of the State of Illinois, excluding that State’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Illinois, excluding that State’s choice-of-law principles.
With regard to those circumstances in which the Arbitration provisions of this Agreement, if any, do not exclude litigation in court, you hereby expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Cook County, Illinois.
Dispute Resolution. Should a dispute arise between you and Live Authentically, LLC, please contact our customer service team by calling [customer service number] or sending an e-mail to [email protected]. We will do our best to arrive at a speedy and cost-efficient resolution to any dispute, to the extent of our ability. If, however, we cannot resolve the dispute via our customer service department, the following applies:
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND LIVE AUTHENTICALLY, LLC AGREE THAT ANY CLAIM OR LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE WEBSITE, ANY PRODUCTS OR SERVICES PURCHASED OR AVAILABLE FOR SALE TEHEREON, AND ANY COMMUNITY OR MEMBERSHIP ACCOUNTS ASSOCIATED THEREWITH, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION FORMING THE BASIS OF THE CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Notices. Notices from us to you may be made via e-mail or by posting a notice (or a link thereto) at https://liveauthentically.today/blog/.
Any notice required to be given to Live Authentically, LLC under these Terms or otherwise, must be in writing, addressed as follows:
Live Authentically, LLC
440 W. Colfax,
Palatine, IL 60078-552
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