TERMS OF SERVICE
For the Move Through Miscarriage Program
Welcome to Glass & Associates LLC’s Move Through Miscarriage program (“Move Through Miscarriage” or “we” or “us” or “the Program”). Please review the following terms and conditions concerning your use of and access to the Program. By accessing, using, purchasing, downloading any materials or content from the Program, you agree to follow and be bound by these terms and conditions (these “Terms”). If you do not agree with these Terms, please do not proceed or continue to use the Program materials, including on this website.
THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
GENERAL PROVISIONS FOR YOUR AWARENESS
We have prepared this Program with the loving intention of supporting your move through miscarriage. It is important to understand that this website and the Move Through Miscarriage program are not intended to provide professional therapy or medical advice, nor is it designed to be a substitute for professional therapy, medical advice, or a medical exam. No health information in the Move Through Miscarriage program is intended for use in diagnosing, treating, curing, or preventing any medical conditions, and any recommendations, instructions and information offered in on this website and other information from the Move Through Miscarriage program are not intended to address specific medical conditions.
If you have any questions about your health or wellness, please consult with a qualified health professional before continuing. By participating in the Program, you agree that understand that the Move Through Miscarriage program, Abigail Glass, and the program’s other agents or representatives shall not be liable for any claims, demands, costs, or damages arising from or connected with the use of any information contained on this website or offered through the Program.
USE OF PROGRAM CONTENT
All materials provided in the Program, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are the intellectual property of the Program or its content partners, and are designed exclusively for use in the Program. If you wish to copy, reproduce, modify, share, produce derivative works, or otherwise use the Content in any form, please contact the Program to request express written permission to do so. You may not “mirror” or “archive” any Materials contained on the Program on any other server without the Program’s express written permission. It will be your sole responsibility to obtain such a license and permission.
Any unauthorized use of any Program’s Content contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice.
PARTICIPATING IN THE PROGRAM
The Program is designed and available for use by persons age of 18 or older. By participating in the Program, you are confirming and committing that you are over the age of 18 and have the right, authority and capacity to use the Service and to abide by the Terms of Use.
Your registration with the Program is for your sole use. You may only create one account per person, and any user creating multiple accounts with different email addresses may be subject to account termination. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity.
To set up an account on the Program, Users will provide a User Name, password, and certain contact information, all of which is subject to the Program’s Privacy Policy. It is important that you provide current, complete and accurate purchase and account information for your participation in the Program, including for all purchases made through the Program, and update your information promptly if there are any changes. Any submission of false or materially inaccurate information by users shall constitute a basis for the Program to terminate the account and discontinue further access or use of the Program.
We reserve the right and discretion to decline a request to participate in the Program. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address (if applicable). In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
PAYMENTS, CREDITS, AND REFUNDS
You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Paypal) for those fees. When you make a payment, you agree to use a valid payment method. We reserve the right to disable access to any course or products for which we have not received adequate payments. If you are not happy with your purchase or course or you need a refund, please contact us. In some cases, we may issue credits to your account. These credits will be automatically applied towards a future purchase of a specific course, or your next course purchase on our Service. Credits may expire if not used within the specified period and have no cash value.
The Program works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. You can review our Privacy Policy for more details.
LINKS TO THIRD PARTY SITES
The Program may contain links or have references to websites controlled by parties other than Move Through Miscarriage. The Program is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. The Program is providing these links to you only as a convenience, and the inclusion of any link does not imply that we endorse the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Move Through Miscarriage. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
REPRESENTATIONS AND WARRANTIES
By participating in the Program or using any of its Content, you confirm and represent that you have the power and authority to enter into these Terms. Move Through Miscarriage warrants that it will provide the Program services and all services in a manner consistent with its business practices, as Move Through Miscarriage, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms on their behalf.
DISCLAIMER OF WARRANTIES
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MOVE THROUGH MISCARRIAGE, THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS,” AND ARE FOR USE AS DIRECTED BY THE PROGRAM. THE MATERIALS DO NOT INCLUDE AND DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
MOVE THROUGH MISCARRIAGE AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MOVE THROUGH MISCARRIAGE AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT NEITHER MOVE THROUGH MISCARRIAGE NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. MOVE THROUGH MISCARRIAGE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MOVE THROUGH MISCARRIAGE, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. MOVE THROUGH MISCARRIAGE EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT WE WILL LIMIT ANY MONETARY LIABILITY FOR A DISPUTE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PROGRAM. YOU AGREE THAT NEITHER THE PROGRAM OR NOR ANY THIRD PARTY PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.
INDEMNITIES
Move Through Miscarriage shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Program and/or the goods, services or Materials associated with the Program other than in accordance with these Terms; (b) the combination of the Program and/or the goods, services or Materials associated with the Program with any other products, services, or materials; or (c) any third party products, services, or materials.
YOUR RESPONSIBILITIES
You commit to following the guidelines of the Program and its online community, as well as all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Program, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Move Through Miscarriage controls and operates the Program and services associated therewith.
NOTICES
If you have any questions regarding these terms or wish to contact us for any matter, please reach out to:
Move Through Miscarriage
c/o Glass & Associates LLC
15235 Burbank Blvd. suite B1
Sherman Oaks, CA 91411
Email: [email protected]
We may give notice by means of a general notice on the Program, electronic mail to your e-mail address on record in our account information, or by written communication sent by first class mail or pre-paid post to your address on record in Move Through Miscarriage’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Program.
Please provide any notices given related to the Digital Millennium Copyright Act (“DMCA”) by email.
RESOLUTION OF DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with Move Through Miscarriage or the Program. We hope that our service team can help you resolve most of your concerns. They can be reached at [email protected] . If our service team is unable to resolve your concern or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:
Move Through Miscarriage
Attention: Notice of Dispute
c/o Glass & Associates LLC
15235 Burbank Blvd. suite B1
Sherman Oaks, CA 91411
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in these Terms will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Service and/or the Terms (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here: https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf.The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Costs
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the City of Los Angeles, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here: http://www.lacourt.org/division/smallclaims/smallclaims.aspx. However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the County of Los Angeles in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Entire Agreement
The Terms of Use (together with the Privacy Policy) represent the parties’ entire understanding relating to the Program and supersedes any prior or contemporaneous, conflicting or additional, communications. We reserve the right to change these Terms of Use or policies relating to the Program at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Program, which may be posted from time to time. Your continued use of the Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.
You may not assign these Terms of Use without the prior written approval of Move Through Miscarriage. Any purported assignment in violation of this section shall be void. Move Through Miscarriage reserves the right to use third party providers in the provision of the Program and/or the goods, service and/or Materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms of Use, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Move Through Miscarriage.
