Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Laura Isabel Perez-Cernuda, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your https://www.frommourningtomeaning.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Laura Isabel Perez-Cernuda may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Laura Isabel Perez-Cernuda liability. You must immediately notify Laura Isabel Perez-Cernuda of any unauthorized uses of your blog, your account or any other breaches of security. Laura Isabel Perez-Cernuda will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Laura Isabel Perez-Cernuda or otherwise.
- By submitting Content to Laura Isabel Perez-Cernuda for inclusion on your Website, you grant Laura Isabel Perez-Cernuda a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Laura Isabel Perez-Cernuda will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Laura Isabel Perez-Cernuda has the right (though not the obligation) to, in Laura Isabel Perez-Cernuda’s sole discretion (i) refuse or remove any content that, in Laura Isabel Perez-Cernuda’s reasonable opinion, violates any Laura Isabel Perez-Cernuda policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Laura Isabel Perez-Cernuda’s sole discretion. Laura Isabel Perez-Cernuda will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Laura Isabel Perez-Cernuda the one-time and/or monthly, quarterly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly, quarterly or annual subscription period as indicated. If you purchased Pocket of Sunshine, or any other monthly, quarterly or subscription program, and would like to cancel — you may do so by completing a 50% buyout on the remainder of your subscription. There are no refunds for money already collected. All sales are final. Any payments made 12 months prior (regardless of the purchase terms), are non-refundable. Occasionally Laura Isabel Perez-Cernuda will offer discounts on the programs. If you make a purchase and Laura Isabel Perez-Cernuda offers a discount on the program AFTER YOUR PURCHASE, you are not granted a refund of the difference.
- Automatic Renewal.
Unless you notify Laura Isabel Perez-Cernuda before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Laura Isabel Perez-Cernuda is not obligated to refund any charges that occurred before your cancellation request. Upgrades can be canceled at any time by submitting your request to Laura Isabel Perez-Cernuda in writing.
- Pocket of Sunshine
— The program is a 10-month commitment between Laura Isabel Perez-Cernuda and You. Laura Isabel Perez-Cernuda agrees to provide the services described in the program agreement. In exchange for these services, You agree and accept to either make a pay in full payment or pay monthly over the course of 10 months as chosen. You agree and accept to remit the down payment and the balance payments to Laura Isabel Perez-Cernuda via a pre-authorized electronic debit to the bank account or credit card(s) on file. You agree and accept to make the down payment and balance payments regardless of Your level of participation in the Program.
- Cancellation of Pocket of Sunshine — If you fail to make any payment on time and fail to correct such missed payment within 30 days, or if You fail to make any two payments on time, Laura Isabel Perez-Cernuda is permitted to cancel Your participation in the Program. Upon cancellation, You agree and accept to pay to Laura Isabel Perez-Cernuda a cancellation fee equal to (i) the amount of any missed payments, plus (ii) 50% of the remaining amounts due under the agreement. The cancellation fee is due immediately and Laura Isabel Perez-Cernuda is authorized to collect such fee immediately, including by debiting Your bank account or credit card(s) on file. You agree and accept that the cancellation fee is an amount of agreed upon damages and is not a penalty. Laura Isabel Perez-Cernuda shall have no further obligations to perform under this Agreement following cancellation. If You sign up for the Program online through our website, the purchase is final with no cancellation period.
- By signing up for a Services account you agree to pay Laura Isabel Perez-Cernuda the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. if you are delinquent on your order, Laura Isabel Perez-Cernuda reserves the right to change the payment terms and fees and attempt all cards on file that you authorized Laura Isabel Perez-Cernuda to use.
- Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Laura Isabel Perez-Cernuda to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free https://www.frommourningtomeaning.com services. All support will be provided in accordance with Laura Isabel Perez-Cernuda standard services practices, procedures and policies.
- Responsibility of Website Visitors. Laura Isabel Perez-Cernuda has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Laura Isabel Perez-Cernuda does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Laura Isabel Perez-Cernuda disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which https://www.frommourningtomeaning.com links, and that link to https://www.frommourningtomeaning.com. Laura Isabel Perez-Cernuda does not have any control over those non-Laura Isabel Perez-Cernuda websites and webpages, and is not responsible for their contents or their use. By linking to a non-Laura Isabel Perez-Cernuda website or webpage, Laura Isabel Perez-Cernuda does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Laura Isabel Perez-Cernuda disclaims any responsibility for any harm resulting from your use of non-Laura Isabel Perez-Cernuda websites and webpages.
- Copyright Infringement and DMCA Policy. As Laura Isabel Perez-Cernuda asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by https://www.frommourningtomeaning.com violates your copyright, you are encouraged to notify Laura Isabel Perez-Cernuda in accordance with Digital Millennium Copyright Act (“DMCA”) Policy. Laura Isabel Perez-Cernuda will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Laura Isabel Perez-Cernuda will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Laura Isabel Perez-Cernuda or others. In the case of such termination, Laura Isabel Perez-Cernuda will have no obligation to provide a refund of any amounts previously paid to Laura Isabel Perez-Cernuda.
- Intellectual Property. This Agreement does not transfer from Laura Isabel Perez-Cernuda to you any Laura Isabel Perez-Cernuda or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Laura Isabel Perez-Cernuda. Laura Isabel Perez-Cernuda, https://www.frommourningtomeaning.com, the https://www.frommourningtomeaning.com logo, and all other trademarks, service marks, graphics and logos used in connection with https://www.frommourningtomeaning.com, or the Website are trademarks or registered trademarks of Laura Isabel Perez-Cernuda or Laura Isabel Perez-Cernuda’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Laura Isabel Perez-Cernuda or third-party trademarks.
- Advertisements. Laura Isabel Perez-Cernuda reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Laura Isabel Perez-Cernuda reserves the right to display attribution links such as ‘Blog at https://www.frommourningtomeaning.com,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Laura Isabel Perez-Cernuda reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Laura Isabel Perez-Cernuda may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Laura Isabel Perez-Cernuda may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your https://www.frommourningtomeaning.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Laura Isabel Perez-Cernuda if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Laura Isabel Perez-Cernuda’s notice to you thereof; provided that, Laura Isabel Perez-Cernuda can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Laura Isabel Perez-Cernuda and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Laura Isabel Perez-Cernuda nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Use of Likeness. You agree and accept that Laura Isabel Perez-Cernuda is authorized to record, photograph, or otherwise capture Your likeness, voice, images, interviews, and statements made in connection with Your participation in the Program (except for private coaching sessions) for Laura Isabel Perez-Cernuda’s own use. You hereby assign to Laura Isabel Perez-Cernuda all rights, title, and interest to have and to use, royalty free, any such likeness or portion of Your participation in the Program for advertising, marketing, documentary, informational, training, or any other lawful purpose.
- Laura Isabel Perez-Cernuda Does Not Guarantee Results. Laura Isabel Perez-Cernuda is convinced You will derive great benefits from Your participation in the Program and is dedicated to helping You become as successful as You envision. However, Laura Isabel Perez-Cernuda does not guarantee or represent in any way that You will attain a certain level of happiness, or any other metric of success, either in the short-term or long-term. Your success depends on many factors, including but not limited to Your personal motivation, Your time commitment, how effectively You implement the strategies taught in the Program, and Your efficiency in following up on each phase of the Program. Your participation in this Program is an investment. None of the stories shared or examples used in Laura Isabel Perez-Cernuda’s materials, on its website, or during its calls or events is a guarantee of any particular result or success. Laura Isabel Perez-Cernuda disclaims any express or implied promise or representation other than those contained in this Agreement
- Confidentiality. You agree and accept that Laura Isabel Perez-Cernuda’s methods, processes, and strategies taught in the Program are the sole and exclusive property of Laura Isabel Perez-Cernuda and constitute a confidential proprietary system that is protected by law, including but not limited to copyright, trademark, and trade secret law. Laura Isabel Perez-Cernuda’s system includes all materials associated with the Program and the related VIP Client Coaching Program, all happiness coaching strategies We teach, and all associated coaching advice. You agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure (i) is part of the Program, (ii) is required by valid legal process (whereby You agree and accept to provide prompt written notice of such legal process to Laura Isabel Perez-Cernuda so that We can take appropriate legal action to protect Laura Isabel Perez-Cernuda’s interests), or (iii) concerns matters or materials that have lawfully become part of the public domain. You further agree and accept that any violation of the terms of this Section 5 will cause substantial and irreparable harm to Laura Isabel Perez-Cernuda and that Laura Isabel Perez-Cernuda is entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.
- Limitation of Liability. In no event will Laura Isabel Perez-Cernuda, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Laura Isabel Perez-Cernuda under this agreement during the twelve (12) month period prior to the cause of action. Laura Isabel Perez-Cernuda shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Laura Isabel Perez-Cernuda, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Arbitration Agreement. Laura Isabel Perez-Cernuda and You each agree and accept that any dispute arising out of or related to this Agreement or the Program shall be submitted to binding arbitration and heard by a single arbitrator. Arbitration shall be conducted on an individual basis and not on a class, representative, or consolidated basis. By agreeing to binding arbitration, Laura Isabel Perez-Cernuda and You are each giving up the right to have any claims against the other that already exists or may exist in the future considered by a court or a jury. The arbitrator shall be provided by JAMS, which makes its rules and terms of arbitration available at www.jamsadr.com, and shall be selected by mutual agreement. Either Laura Isabel Perez-Cernuda or You may initiate arbitration by giving written notice of arbitration to the other and filing a demand for arbitration with JAMS. If an arbitrator is not selected within 30 days of the date the demand for arbitration is filed, then JAMS is authorized to select a neutral and independent arbitrator, which decision shall be final and conclusive. The arbitrator is authorized to issue any form of relief authorized by applicable law, including injunctive relief, declaratory relief, and damages. The prevailing party in any dispute shall be entitled to recover all costs and attorney’s fees incurred in connection with arbitration (including any costs and attorney’s fees incurred in court seeking to compel arbitration) to the fullest extent allowed by law. The arbitration shall be conducted in San Diego, California, unless otherwise required by law.