TERMS AND CONDITIONS

Effective date: January 1, 2024

These Membership Terms of Use (these “Terms”) set forth the terms of your membership in The Circle membership program (the “Membership”) offered by The Well Lived Woman, LLC. (“The Company”). 

 

The Circle Membership by The Well Lived Woman, LLC

The Circle Membership by The Well Lived Woman, LLC offers access to the member portal and membership services that include member forum and directory, digital content, access to discounts to The Well Lived Woman, LLC service and those of 3rd party providers provided by The Well Lived Woman, LLC through the website located at https://thewelllivedwoman.mykajabi.com/login (the “Site” and collectively, the “Services”).

 

Access to Services

By accessing the Services, you warrant that:

• You are legally capable of entering into binding contracts;
• You are over the age of eighteen (18);
• All registration information you submit is truthful and accurate;
• You will maintain the accuracy of such information; and
• Your use of the Services does not violate any applicable law or regulation.
• You consent to these Terms. If you do not agree to these Terms, please do not use the Site.

 

Purchase of Membership - Membership Terms of Use 

If you purchase a Membership, the terms of sale provided in this section apply to you, as well as any other specific rules, usage restrictions, or procedures that we may provide to you in relation to your purchase.

You agree to provide your payment information at the time you purchase or renew your Membership. Monthly (“Monthly Membership”) Membership is currently the sole type of membership available. Your Membership will continue, and you will continue to be charged with the credit card on file when you sign up, and until You cancel your Membership as provided in the section below on “Cancellation or Suspension of Membership.” In choosing the Monthly Membership, you will be charged sixty-five dollars ($65) on a monthly basis. For a Monthly Membership, you will be charged on the first day of each month, starting the month you join. 

Our payment page is powered by a third party payment service provider, Stripe. The information provided to Stripe is governed by Stripe’s Terms of Services and Privacy Policies located at https://stripe.com/privacy.

The Well Lived Woman, LLC is not responsible for the performance of Stripe. In using the Services, Stripe may receive and implement updated credit card information from your credit card issuer in order to prevent your Membership from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Stripe at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. Our obligation to provide the Services begins when we take receipt of your order. You agree not to hold us responsible for banking charges incurred due to payments on your account.

Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for any taxes on your Membership, and taxes, shipping or carriage as such costs are specified by us when you submit your order.

Transfer of your Membership to any other person is strictly prohibited.

 

Membership Policies

The Circle by The Well Lived Woman, LLC is a community of members. In order to become a member, you must create an account through the Kajabi platform. Membership sales will continue as long as capacity lasts. The Circle Community by The Well Lived Woman, LLC is an open and diverse community for all.

 

Cancellation or Suspension of Membership

Unless otherwise granted under personal and unique conditions, Memberships are non-refundable. For Monthly Membership, cancellations will be effective on the first day of the next billing date after the month in which you give your cancellation notice. You may cancel your Membership at any time by clicking your profile icon > settings > billing info > clicking the 3 dots to the right of your active subscription The Circle Membership > “cancel this membership”. You will maintain access to the site until the next billing cycle. 

By signing up for Membership with The Well Lived Woman, LLC, You are hereby consenting to this Cancellation Policy.

 

Changing Fees and Charges

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any future Services. In the event we change the total price in which You pay for Services, we will provide notice informing You of the change on a prospective basis.

 

Cancellations By The Well Lived Woman, LLC

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms, inappropriate behavior, or other related policies or restrictions. Such termination or suspension may be immediate and without notice.

 

Use of the Services; Restrictions on Use

We may, from time to time, at our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion. You will be provided notice of any material changes to the Services. Any such updates or changes will be deemed part of the Services and will be subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein.

You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services. You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services:

• use the Services or solicit members for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
• express or imply that any statements you make are endorsed by The Company;
• scrape the Services or use other automated or manual means to take our content without our express prior written consent;
• modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read;
• take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
• interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
• bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
• run any form of auto-responder or “spam” on the Services;
• access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or
• otherwise take any action in violation of these Terms.

 

Disclaimers

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY OF ITS LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND THE COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

Any general advice that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment of, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

You are responsible for all activities that occur under your account. In the event access to the Services or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID.

Electronic Communications

When you use the Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

You agree to receive invitations, notifications, reminders and other communications from The Company and its 3rd party partners through the portal, or by email, text message (including any short message service), fax, phone or other method of communication.  You also agree to receive automated calls and texts (“Automated Messages”). You acknowledge and agree that these communications may not be secure (not encrypted). Unsecured communications pose a risk to the confidentiality and privacy of the information being sent because they might be intercepted by a third party.

By using the Services, you acknowledge and understand that you may receive multiple messages per day, and that you are responsible for any message and data rates charged by your mobile carrier. You can opt out of receiving Automated Messages at any time, including by replying “STOP” to an automated text message. You agree to notify The Company or its 3rd party partners immediately if there are any changes to your home or mobile phone number or any other contact information previously provided to The Company.

Public Forums, Communication and User Content

"Public Forum" means a chat area, bulletin board, weblog, blog, posting or e-mail function offered as part of the Services. The Services may now or in the future permit, via Public Forums or other means, the submission of Content at the direction of users of the site (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You shall be solely responsible for User Content you submit and the consequences of The Company posting or publishing such User Content. Information, views and opinions expressed in Public Forums are the views of the person posting the message, do not necessarily reflect the views of The Company and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by The Company including, but not limited to, any so-called “expert”, “moderator”, “blog-editor” or other individual functioning in a similar capacity. The Company reserves the right to remove or edit User Content that we believe may be offensive to our audience and/or which violates our inclusive messaging standards. Please be advised that because of real-time circumstance, these materials may not always be able to be removed or edited in a timely fashion. The Company is not responsible for any unsolicited e-mail you may receive as a result of participating in any Public Forum. The Company reserves the right to terminate your ability to access any Public Forum for any reason and without notice.

By communicating in any Public Forum, you hereby represent that you have all necessary rights in the User Content, communications, or other information that you have provided, transmitted or sent to the Public Forum. By uploading User Content to any Public Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) The Company a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition to the foregoing licenses, you hereby grant The Company a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, translate, create derivative works from and distribute such materials in connection with other websites that make use of services provided by The Company. You warrant that all so-called “moral rights” in those materials have been waived.

In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant The Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

WITHOUT LIMITATION OF THE FOREGOING, THE COMPANY DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE MATERIALS FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE MATERIALS CONTAINED THEREIN.

Intellectual Property

You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”), are maintained for your personal use and information by The Company and are the property of the Company and/or its third-party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

 

Third Party Products, Advice and Services

We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services or hyperlinks appear on or through the Website. We make no representations, warranties or conditions regarding the offerings of any third party. Further, The Company does not assume any responsibility or liability for the products, advice, services and actions of any third parties. You understand that the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from a third party is solely between you and the third party. The Company does not endorse, warrant or guarantee such products, advice information or services and are not liable for the accuracy, completeness or usefulness of such information or the quality or availability of such products, advice or services. You further understand that we will not be a party to or in any way be responsible for monitoring any transaction between you and a third party. As with any monetary endeavor, before purchasing goods or services from any third party, you should verify with the seller any and all information (particularly the price) that impacts your decision to make a purchase. You should use your best judgment and exercise caution when purchasing a product from a third party.

You assume all risk of use. The Company and its suppliers shall not be liable to you or any other person for any loss, damage or delay resulting from your use of these third party services.

We are not involved in any actual transaction between any user (including any so-called “expert”, “moderator”, “blog-editor” or the like) and third party, nor are we the agent of either for any purpose. As such, we will not be involved in resolving any disputes between any user and third party relating to or arising out of any transaction between such parties. We urge users and third parties to cooperate with one another to resolve any such disputes.

Disclaimers

Merchant and service availability, price and time-related information appearing on the website are subject to change. The Company is not responsible for any such changes and advises you to confirm all specific terms appearing on or through the website before acting in reliance on such terms.

Third-party products and services represented on the website are not necessarily endorsed or recommended by The Company and The Company disclaims all responsibility regarding the performance or the use of third-party products and services. The Company does not necessarily endorse or sanction the content, products or actions of websites that are linked to or from the Website.

THE MATERIALS ON AND AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN AND AVAILABLE THROUGH THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnity and Limitation of Liability

You agree to indemnify and hold The Company (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or relating to your use of and access to the Services.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, SPECIAL OR CONSEQUENTIAL DAMAGES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN AND AVAILABLE THROUGH THE SERVICES, EVEN IF THE COMPANY OR A THE COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.

THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, The Company makes no representations or warranties about the following:

• The Content provided on or through the use of the Site.
• The satisfaction of any government regulations requiring disclosure of the approval or compliance of any software tools with regard to the Content on the Site.

 

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, pandemics, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Right to Monitor

The Company reserves the right to monitor general use of the Services at any time as it deems appropriate and to remove any materials that, in The Company’s sole discretion, may be illegal, may subject The Company to liability, may violate these Terms, or are, in the sole discretion of The Company, inconsistent with The Company’s purpose for the Services.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Los Angles County, California.

Miscellaneous

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

These Terms may be subject to change; the result of any change will be reflected on these pages.