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
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.
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.
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”.
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.
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.
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.
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.
Move Through Miscarriage
Personal Information. We may require Users who use the Service to give us contact information, which may include but is not limited to the User’s name, mobile number, email address, cookies, IP logs, and other information (collectively “Personal Information”). Besides the Personal Information, we may also collect other information you provide when using the Service and your use of the Service. From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt out of providing this additional information by not entering it or not using the Service, although not providing it may hinder your ability to use the Service.
Location Information. We collect and store your location information if you enable your mobile device or browser to send it to us, such as by use of geolocation features in the device(s) through which you access the Service or our service, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet). We use location information to provide you with weather information or other content that is influenced by your location.
HOW WE USE COLLECTED INFORMATION
We use the information we collect from the Service mainly as follows: (i) to provide, maintain, protect and improve the Program (including data analytics), to develop new ones, and to protect Mind Your Brain and our users; (ii) to respond to your submissions, questions, comments, requests and complaints and provide customer service; (iii) as part of our efforts to keep the services safe and secure; (iv) to protect Move Through Miscarriage’s rights or property; (v) for internal operations, including troubleshooting, data analysis, testing, research, customization, and improvements to service and experience on the Service; (vi) to send you confirmations, updates, security alerts, and support and administrative messages; and (vii) for any other legitimate business purpose for which the information was collected.
For example, we may also use the information to verify any of your Personal Information such as, but not limited to, your mobile number, and to contact you to further discuss interest in our company, the goods and services that we provide, and to send information regarding our company or partners, such as promotions and events. You may be invited to receive an email newsletter or other correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have given us consent to do so, to comply with any legal processes and/or law enforcement requests, or in order to conduct any business as we, in our sole subjective discretion, deem reasonable. We may also email (or send via other methods) information regarding updates to the Service, and may send a newsletter, or other correspondence. You will have an opportunity to unsubscribe to any emails or mailings by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Even if you are removed from any such list, if you use the Service, you will continue to receive email correspondence from Mind Your Brain related to the Service .
HOW YOU CAN CONTROL YOUR INFORMATION
We know members of our community value having control over their own information. We give you the choice of providing, editing or removing certain information, as well as choice over how we contact you. You may access your account settings and tools to access and control your personal data regardless of where you live. If you live in the European Economic Area, United Kingdom, and Switzerland (“Designated Region”), you have several legal rights regarding your information as discussed below.
Accessing and Exporting Data. By sending an email to [email protected], you may request your personal information be sent to you in a common file format.
Editing and Deleting Data. In your account settings, you can change or edit your personal information. Additionally, you may request to have your account deleted if you wish by contacting [[email protected]. If you choose to delete your account, most of your information will be deleted within 30 days, but it may take longer to delete all your data and other data stored in our backup systems due to size and complexity of our systems used to store data.
Objecting or Restricting Data Use. If you live in a Designated Region, you have the right to object to our processing of your information based on our legitimate interests and the right to object to the use of your information for direct marketing purposes. You may control our marketing communications to you by sending an email to [email protected]. However, please note that should you opt out of receiving notification or emails from us, you will still receive administrative messages from us. If you no longer wish to participate in the Move Through Miscarriage’s Program or receive Program-related messages, then you may close your account.
If you have any questions about how to exercise these choices, please e-mail us at [email protected].
DISCLOSURE OF USER INFORMATION TO THIRD PARTIES
In addition to the use of information described above, Move Through Miscarriage reserves the right to disclose information provided by Users (including Personal Information) as follows:
Disclosure By Law. You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Move Through Miscarriage’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.
Disclosure to Third Party Service Providers. We may share your information with third party service providers to perform functions on our behalf. Your information will be treated as private and confidential by such service providers and not used for any other purpose than we authorize.
The Service is not intended for any persons under 18 years of age. Move Through Miscarriage does not wish to collect any Personal Information (or any information at all) from any persons under 13 years old, or any higher minimum age in the jurisdiction where that person resides. You may notify and direct Move Through Miscarriage to delete all identifiable information regarding you or your child that may have provided to the Service by contacting [email protected].
We keep your Personal Information, such as your name, email address and phone number, for as long as you keep your account in existence. In some instances, we will delete information you provide to us after it is no longer needed. We also keep information about you and your use of the Service for as long as it is necessary for our legitimate business interests.
INTERNATIONAL USERS; DATA TRANSFERS
THIRD PARTY WEBSITES
The Program may contain links to other websites. We are not responsible for the privacy practices or the content of these other websites. You will need to check the policy statement of these others websites to understand their policies. When you access a linked site you may be disclosing private information. It is your responsibility to keep such information private and confidential.
Do Not Track Signals from Web Browsers – The website is not presently configured to support Do Not Track (“DNT”) signals from web browsers.
Please note that data that is transported over an open network, such as the Internet or e-mail, may be accessible to anybody. We cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any personal information via an open network, you should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. A third party may therefore be able to trace an existing relationship or one that is subsequently created. Even if both the sender and recipient are located in the same country data may also be transmitted via such networks to other countries regularly and without controls, including to countries that do not afford the same level of data protection as your country of domicile.
Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your Personal Information or data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.
This Policy is part of the Terms of Service and any use of the Program is governed by those Terms of Service. Questions regarding this Policy or the practices of the Program should be directed to Move Through Miscarriage by emailing such questions to [email protected].