Terms of Service
This is a binding agreement between you (herein referred to as “Visitor and/or Registered User”) and Marla Mervis-Hartmann dba Love Your Body Love Yourself (herein referred to as “us” “Company,” “Consultant” or “Coach”) (each party collectively as “Parties”), in consideration of the mutual promises made herein.
We invite you to access and use our Websites, including, without limitation, loveyourbodyloveyourself.com, thepleasureplan.org, loveyourbodyloveyourself.org, marlamervisreiki.com,(the “Websites”).
We provide visitors to our Websites (“Visitor and/or Registered Users”) access to the Websites subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas 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.
DISCLAIMER
Visitor and/or Registered User understands and acknowledges that Coach, is not an employee, agent, lawyer, doctor, manager, therapist, business manager, registered dietician, nutritionist, financial analyst, psychotherapist or accountant. Visitor and/or Registered User understands their participation in any program will not treat or diagnose any disease, illness, or ailment and Coach has no obligation or ability provide such services. If Visitor and/or Registered User should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Visitor and/or Registered User understands that Consultant has not promised, shall not be obligated to and will not; act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy. Visitor and/or Registered User understands that a coaching relationship does not exist between the parties unless the Parties engage in a specific agreement for such.
Visitor. Visitor, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites; (v) sign up for our various programs; and (vi) sign up for alerts and other notifications;
Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.
CONFIDENTIALITY
The Company respects Visitor and/or Registered User’s privacy and insists that Visitor and/or Registered User respects the Company’s and other program participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by other Participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the other Participant who discloses it and the Company.
Visitor and/or Registered Users agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group coaching calls, from the Website or any forum or otherwise.
Visitor and/or Registered User agrees not to use such Confidential Information in any manner other than in discussion with the Company or with other Participants during a program. Confidential Information includes, but is not limited to, information disclosed on this Website and/or in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Notwithstanding anything to the contrary herein, Visitor and/or Registered User understands and agrees that Company may record any and all calls of Visitor and/or
Registered User or other Participants and Company may utilize any such audio recordings taken during said calls in connection with its business operations (but for clarity, Company will never use Visitor and/or Registered User’s full name in such recording without Visitor and/or Registered User’s prior permission).
Further, by visiting this site and/or opting into a program you agree that if you violate or display any likelihood of violating this session the Company and/or the other Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NON-DISCLOSURE OF COACHING MATERIALS
Material given to Visitor and/or Registered User in the course of Visitor and/or Registered User’s searching the Website and/or participation in the program is proprietary, copyrighted and/or developed specifically for the Company. Visitor and/or Registered User agrees that such proprietary material is the sole property of the Company and is for Visitor and/or Registered User’s own personal use as part of the working with the Company. Visitor and/or Registered User agrees not to make use of any materials for commercial purposes in any manner. Any disclosure to a third party, copying or republishing any portion of this Website and/or materials provided or its contents is strictly prohibited and constitutes infringement. Coach reserves all rights including injunctive relief against Visitor and/or Registered User if Company’s rights hereunder are violated.
NO TRANSFER OF INTELLECTUAL PROPERTY
The Website or any material shared with a Visitor/Registered user may be copyrighted and original materials that have been provided to Visitor and/or Registered User are for Visitor and/or Registered User’s individual use only and a single-user license. Visitor and/or Registered User is not authorized to use any of Company’s intellectual property for Visitor and/or Registered User’s business purposes. All intellectual property, including Company’s Website, copyrighted program and/or course materials, shall remain the sole property of Company. No license to sell or distribute Company’s materials is granted or implied.
By visiting the Website or purchasing a program or services, Visitor and/or Registered User agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Visitor and/or Registered User agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.
Further, by visiting the Website and/or purchasing the program, Visitor and/or Registered User agrees that if Visitor and/or Registered User violates, or displays any likelihood of violating, any of Visitor and/or Registered User’s agreements contained in this paragraph, the Company will be entitled to injunctive relief among other remedies to prohibit any such violations and to protect against the harm of such violations.
VISITOR RESPONSIBILITY
Visitor and/or Registered User accepts and agrees that Visitor and/or Registered User is 100% responsible for their progress and results from any program. Consultant will help and guide Visitor and/or Registered User; however, participation is the one vital element to a program’s success that relies solely on Visitor and/or Registered User. Company makes no representations, warranties or guarantees verbally or in writing regarding Visitor and/or Registered User’s performance. Visitor and/or Registered User understands that because of the nature of the program and extent, the results experienced by each Visitor and/or Registered User may significantly vary. By purchasing this course, Visitor and/or Registered User acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Visitor and/or Registered User will reach their goals as a result of participation in a program.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
SEVERABILITY/WAIVER
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
MISCELLANEOUS
1) LIMITATION OF LIABILITY. Visitor and/or Registered User agrees they used Company’s services at their own risk and that Website and/or materials provided is only an educational service being provided. Visitor and/or Registered User releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Visitor and/or Registered User accepts any and all risks, foreseeable or unforeseeable.
Visitor and/or Registered User agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services, visiting of this Website or enrollment in a program.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by us.
2) NON-DISPARAGEMENT. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
3) ASSIGNMENT. This Agreement may not be assigned by either party without express written consent of both parties. Notwithstanding the foregoing, Company may assign its rights hereunder to an entity created by Coach (e.g. if Coach decides to create a corporation instead of just a dba).
4) TERMINATION. Company is committed to providing all Visitor and/or Registered Users in the Website and/or materials provided with a positive experience. By purchasing this program, Visitor and/or Registered User agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Visitor and/or Registered User’s participation in a program without refund or forgiveness of monthly payments if Visitor and/or Registered User become disruptive or difficult to work with, or upon violation of the terms. Visitor and/or Registered User will still be liable to pay the total contract amount.
5) INDEMNIFICATION. Visitor and/or Registered User shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Visitor and/or Registered User shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Visitor and/or Registered User recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
6) RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Visitor and/or Registered User, Visitor and/or Registered User is responsible for any and all arbitration and attorney fees.
7) EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
8) NOTICES. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the Parties at the addresses appearing below. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or electronic mail, provided sender maintains confirmation that the notice was properly transmitted on that date.
THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITES OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, together, will constitute one and the same instrument. The parties hereto have caused this Agreement to be executed and delivered as of the date first above written.
Privacy
This Privacy Policy discloses the privacy practices for our websites, including, without limitation, oveyourbodyloveyourself.com, thepleasureplan.org, loveyourbodyloveyourself.org, marlamervisreiki.com,(the”Websites”), along with our email newsletters and other applications owned and operated by Marla Mervis-Hartmann (collectively referred to as “MMH Services”), and to any services that display this notice.
MMH Services may contain links to other websites for your convenience and information. We are not responsible for the privacy practices or the content of those sites.
By visiting any of our MMH Services, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Service, both of which govern your use of MMH Services. By providing us information offline, you are also agreeing to the terms of this Privacy Policy.
WHAT INFORMATION DO WE GATHER ABOUT YOU?
In the course of operating the Websites and/or interacting with you, we will collect (and/or receive) the following types of information: 1) Personal information, which includes personal information you supply when you sign up for our newsletters, register for a class, purchase any product or service, complete a survey, enter a contest or provide your email address and 2) Non-personal information collected through technology, which includes tracking information collected by us as well as third parties.
We do not collect any personal information from Visitors when they use the Websites unless they provide such information voluntarily, such as by registering or sending us an email or signing up for a newsletter.
Personal Information That You Give Us Or Ask a Third Party to Share with Us
Registration Information
Registration for MMH Services may require that you supply certain personal information, including a unique email address, phone number and demographic information (for example, household income range, gender, product and service preferences) to register.
Billing and Credit Card Information
To enable payment via MMH Services, we collect and store name, address, telephone number, email address, credit card information and other billing information. This information will only be shared with third parties who help to complete the purchase transaction. Examples of this include fulfilling orders and processing credit card payments.
Conferences and Live Events
We often receive information about attendees to our live events from sign-in and registration lists. We may share this information with event or promotion sponsors, in which case we will notify you when we collect the information.
Non-Personal Information Collected Using Technology
Information Collected by Us Using Technology
We use various Internet technologies to manage MMH Services and track use of the Services. Non-personal information that we collect using these technologies may be combined with other information about you.
Device Information.
We may collect non-personal information about the computer, mobile device or other device you use to access MMH Services, such as IP address, geolocation information, unique device identifiers, browser type, browser language and other transactional information.
Cookies, Beacons, Local Storage and Other Similar Technologies. We use “cookies,” Web beacons, HTML5 local storage and other similar technologies. These technologies allow us to manage access to and use of MMH Services, recognize you and provide personalization, and help us understand how people use MMH Services. You will not be able to access certain areas of our websites if your computer does not accept cookies from us. We do not respond to browser-based “do not track” signals.
Analytics, Log Files and Reading History As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses (the region or general location where your computer or device is accessing the Internet), browser type, operating system and other usage information about the use of MMH Services, including a history of the pages you view. We may combine this automatically collected log information with other information we collect about you.
Location Information. Some of our mobile applications can deliver content based on your current location if you choose to enable that feature of the app. If you enable the location-based feature, your current location will be stored locally on your device, which will then be used by the app. If you elect to have a location-based search saved to your history, we will store that information on our servers. If you do not enable the location-based service, or if an app does not have that feature, the app will not transmit to us, and we will not collect or store, location information.
WHAT DO WE DO WITH THE INFORMATION WE GATHER ABOUT YOU?
Provide the Services You Request
We use the information we gather about you to enable your use of MMH Services and fulfill your requests for certain products and services, such as sending out electronic newsletters.
Statistical Analysis
We perform statistical, demographic and marketing analyses of users of MMH Services, and their subscribing and purchasing patterns, for product development purposes and the like. We use this information for analysis purposes, including analysis to improve customer relationships.
WITH WHOM DO WE SHARE THE INFORMATION THAT WE GATHER?
If you have registered to use MMH Services, we will not sell, rent, swap or authorize any third party to use your email address without your permission.
In the future, we may sell, buy, merge or partner with other companies or businesses. In such transactions, we may include your information among the transferred assets.
We may share information about attendees to our live events with sponsors or other third parties. If so, we will notify you when you provide us the information.
Service Providers
We may contract with other companies to provide services on our behalf, including credit-card and billing processing, ad serving, shipping, email distribution, list processing and analytics or promotions management. We provide these companies only with the information they need to perform their services. These service providers are restricted from using personal information in any way other than to provide services for MMH Services, and they may not share, resell or use the data for their own direct marketing purposes.
We reserve the right to disclose your opt-out information to third parties so they can suppress your name from future solicitations, in accordance with applicable laws. We may occasionally release personal information as required by law, for example, to comply with a court order or subpoena. (For more information, see the “Compliance with Legal Process” section of this policy.)
WHAT IS OUR EMAIL POLICY?
We will not send you marketing messages if you have opted out. You can choose not to receive messages in the future by either (1) following the “unsubscribe” instructions located near the bottom of each email, or (2) you email us to request to opt-out here. We will not share, sell, rent, swap or authorize any third party to use your email address for commercial purposes without your permission.
Emails From You. If you send us an email, we will use your email address to respond directly to your questions or comments.
HOW DO I CHANGE OR UPDATE MY PERSONAL INFORMATION?
You may access, review and update your membership by following the instructions found on the Websites. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any MMH Services newsletters or marketing emails. Customers cannot opt out of receiving transactional emails related to their account or their Orders. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
HOW DO I OPT-OUT?
If, at any time, you prefer not to receive email marketing information from us, simply follow the unsubscribe options at the bottom of each email.
OTHER INFORMATION
Compliance With Legal Process
We may access, preserve and disclose personal information if we are required to do so by law or we have a good faith belief that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of MMH Services; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
Children’s Guidelines
We do not knowingly collect or store any personal information about children under the age of 13.
Your California Privacy Rights
We do not monitor, recognize, or honor any behavioral advertising opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
Changes to This Policy
This Privacy Policy may be amended from time to time. Any such changes will be posted on this page. If we make a significant or material change in the way we use your personal information, the change will be posted on this page.