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Site terms and Conditions

BY VISITING www.becomingluminary.com

YOU ARE CONSENTING TO THE TERMS & CONDITIONS

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OVERVIEW

I provide visitors to my Websites (“Visitors”) access to the Websites subject to the following Terms of Use, which may be updated by me occasionally without any notice to you. By browsing the public pages or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.

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SITE USE

Information provided on the Site and related to our service of Coaching & Consulting  and in addition to my blog is subject to change. I make no representation or warranty that the information provided is accurate. 

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In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to me will always be accurate, correct and up to date. You should only provide your own personal information and not anyone else's. 

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You may use my site for legal and lawful purposes only. Please do not post anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site.  This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.

Failure to comply with the terms and conditions listed here may cause you to be removed from the Site. 

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INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Luminary Learning Company, LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof.  You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Company.
 

The content included in any purchase made on the Website remains the intellectual property of Luminary Learning Company, LLC, which reserves the exclusive right to its use. Content included in this purchase may appear in other products, courses or programs offered by Luminary Learning Company, LLC previously purchased by the Client. The Client hereby acknowledges that inclusion of any previously-purchased content does not entitle the Client to a refund or rebate.

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LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY 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 COMPANY 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 COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.

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THIRD PARTIES

I may use links to third party websites and resources on my website. You acknowledge and agree that I am not responsible or liable for the information or services of these third party websites or resources. Just because I have a link does not mean I've been paid or endorsed by any company to include them on my site. Unless otherwise stated, these Terms and Conditions only cover the use of this Site.  Any other link will be covered by the terms and conditions of that specific site.  You acknowledge and accept that I am not responsible for the terms or practices of third parties.  Should you click on any affiliate link, you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

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PURCHASES

All sales and payments under this Agreement are non-refundable. Client shall not be entitled to a refund for any reason, including but not limited to the termination of this Agreement. Payment under this Agreement reserves Deborah McDaniel's time and prevents someone else from benefiting from her services; as such, all funds paid shall be considered compensation for services rendered and are not refundable. Partial or full refunds may be granted under extenuating circumstances at Deborah McDaniel's sole discretion, but are not guaranteed.

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INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation 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. 

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GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of CO, exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation.  The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Colorado Springs, CO and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

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DISCLAIMER

This website/blog/email series is an educational and informational resource for women. It is not a substitute for working with a licensed professional. I can't guarantee the outcome of following the recommendations provided and everything stated here is just my opinion. I make no guarantees about the information and recommendations provided to you. By continuing to use/read/participate in this website/blog/email series you acknowledge that I can't guarantee any particular results, as such outcomes are based on certain factors that are out of my control. Please follow my recommendations on this website/blog/email series at your own risk. If you need psychiatric or medical advice, you should hire a licensed medical professional to help you with that.

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By participating in this coaching session over the phone/web, you acknowledge that, though I am a certified Holistic Health Coach, I am unable to replace a trained and Licensed Medical Professional. Therefore, the advice I provide during our consulting sessions is not intended nor implied to be a substitute for in-person professional advice or treatment. The information provided in the consulting session should not be considered a substitute for in-person evaluation by a medical professional to address your individual needs.

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By participating in/reading my coaching service/website/blog/email series, you acknowledge that I am not a licensed medical professional or health care professional and my services do not replace the care of psychologists or other healthcare professionals. Coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. I will at all times exercise my best professional efforts, skills and care. However, I cannot guarantee the outcome of coaching efforts and/or recommendations on my website/blog/email series and my comments about the outcome are expressions of opinion only. I cannot make any guarantees other than to deliver the coaching services purchased as described.

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AFFILIATE LINK DISCLAIMER

Some of the links contained on this website may be what is called an affiliate link.  That means that I may receive a commission if you click through the link and make a purchase from the affiliate.  Paid or not, I only include affiliate links for products and services that I know and trust myself.

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MISCELLANEOUS

Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.

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THESE TERMS AND CONDITIONS ARE BINDING AND NON-TRANSFERRABLE.

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These Terms and Conditions are an agreement between you and I and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.  No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.

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The section titles of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.

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By using my website, you agree to these Terms and Conditions, without modification, and acknowledge reading them.  I reserve the right to change these Terms and Conditions or to add new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site.  By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.

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CHILDREN

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. 

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Last modified: December 29, 2023

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